Chapter 3728 | Epinephrine Autoinjectors

Section 3728.01 | Definitions.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

As used in this chapter:

(A) "Administer epinephrine" means to inject an individual with epinephrine using an autoinjector in a manufactured dosage form.

(B) "Prescriber" means an individual who is authorized by law to prescribe drugs or dangerous drugs or drug therapy related devices in the course of the individual's professional practice, including only the following:

(1) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a certificate to prescribe issued under section 4723.48 of the Revised Code;

(2) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery;

(3) A physician assistant who is licensed under Chapter 4730. of the Revised Code, holds a valid prescriber number issued by the state medical board, and has been granted physician-delegated prescriptive authority.

(C) "Qualified entity" means any public or private entity that is associated with a location where allergens capable of causing anaphylaxis may be present, including child care centers, colleges and universities, places of employment, restaurants, amusement parks, recreation camps, sports playing fields and arenas, and other similar locations, except that "qualified entity" does not include either of the following:

(1) A chartered or nonchartered nonpublic school; community school; science, technology, engineering, and mathematics school; or a school operated by the board of education of a city, local, exempted village, or joint vocational school district;

(2) A camp described in section 5101.76 of the Revised Code.

Last updated August 16, 2023 at 4:10 PM

Section 3728.03 | Acquisition and maintenance of supply of epinephrine autoinjectors by qualified entity.

• Effective: April 8, 2019
• Latest Legislation: House Bill 101 - 132nd General Assembly

(A) A qualified entity may acquire and maintain a supply of epinephrine autoinjectors pursuant to either of the following:

(1) The autoinjectors are personally furnished by a prescriber, or obtained pursuant to a prescription issued by a prescriber, in accordance with section 4723.483, 4730.433, or 4731.96 of the Revised Code.

(2) The autoinjectors are dispensed by a pharmacist or pharmacy intern in accordance with a protocol as authorized under section 4729.47 of the Revised Code.

(B) Epinephrine autoinjectors acquired pursuant to this section shall be stored in a location readily accessible in an emergency and maintained in accordance with the manufacturer's instructions and any additional requirements that may be established by the department of health under section 3728.11 of the Revised Code.

(C) A qualified entity that acquires epinephrine autoinjectors pursuant to this section shall designate one or more individuals who are employees or agents of the entity and have successfully completed anaphylaxis training in accordance with section 3728.04 of the Revised Code to be responsible for oversight of the epinephrine autoinjectors, including storage, maintenance, and control. The qualified entity may authorize those individuals and other individuals who have successfully completed the anaphylaxis training to administer epinephrine.

Section 3728.04 | Anaphylaxis training.

• Effective: April 12, 2021
• Latest Legislation: House Bill 442 - 133rd General Assembly

(A) The anaphylaxis training required by section 3728.03 of the Revised Code may be any of the following:

(1) Training conducted by a nationally recognized organization that has experience in providing training in emergency health care to individuals who are not health care professionals;

(2) Training by individuals or organizations approved by the department of health under section 3728.11 of the Revised Code;

(3) Classes approved by the department under section 3728.11 of the Revised Code.

(B) Training may be completed in person or through an online system. The training must cover all of the following and may include any other material the organization or individual conducting it or the department considers appropriate:

(1) Ways of recognizing the signs and symptoms of severe allergic reactions, including anaphylaxis;

(2) Standards and procedures for administration of epinephrine and storage of epinephrine autoinjectors;

(3) Emergency follow-up procedures.

(C) An individual must successfully complete training before being authorized to administer epinephrine under section 3728.03 of the Revised Code. A qualified entity may authorize an individual to administer epinephrine only if the individual provides the entity with a certificate issued by the organization or individual conducting the training attesting to successful completion. The certificate must be on a form developed by the department of health under section 3728.11 of the Revised Code.

Section 3728.05 | Use of autoinjectors.

• Effective: September 8, 2016
• Latest Legislation: House Bill 200 - 131st General Assembly

(A) An individual who has completed the anaphylaxsis training required by section 3728.03 of the Revised Code and is authorized by a qualified entity may use an epinephrine autoinjector from a supply maintained under section 3728.03 of the Revised Code to do either of the following:

(1) Administer epinephrine to an individual believed in good faith to be experiencing anaphylaxis;

(2) Provide, for immediate administration, an epinephrine autoinjector to an individual believed in good faith to be experiencing anaphylaxis or to the parent, guardian, or caregiver of such an individual.

(B) Epinephrine may be administered under this section regardless of whether the individual believed to be experiencing anaphylaxis has a prescription for an epinephrine autoinjector or has previously been diagnosed with an allergy.

Section 3728.09 | Liability.

• Effective: September 8, 2016
• Latest Legislation: House Bill 200 - 131st General Assembly

(A) The following are not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with administering epinephrine or acquiring, maintaining, accessing, or using an epinephrine autoinjector under this chapter, unless the act or omission constitutes willful or wanton misconduct:

(1) A qualified entity that maintains a supply of epinephrine autoinjectors as authorized in accordance with section 3728.03 of the Revised Code, and any employees or agents of the qualified entity;

(2) A trained individual who administers epinephrine or accesses an epinephrine autoinjector as authorized in accordance with section 3728.05 of the Revised Code;

(3) An individual or organization that conducts anaphylaxis training in accordance with section 3728.04 of the Revised Code.

(B) This section does not eliminate, limit, or reduce any other immunity or defense a person may be entitled to under any other provision of the Revised Code or under the common law of this state.

(C) A person located in this state is not liable for injury, death, or loss to person or property that allegedly arises from an act or omission associated with acquiring, maintaining, accessing, or using an epinephrine autoinjector outside of this state if either of the following is the case:

(1) The person would not have been liable had the act or omission occurred within this state;

(2) The person is not liable under the law of the state in which the act or omission occurred.

Section 3728.10 | Annual report to department.

• Effective: September 8, 2016
• Latest Legislation: House Bill 200 - 131st General Assembly

A qualified entity that maintains and makes available epinephrine autoinjectors as authorized in accordance with this chapter shall annually report to the department of health, on a form developed by the department, each administration of epinephrine or provision of an epinephrine autoinjector under section 3728.05 of the Revised Code.

Section 3728.11 | Duties of department.

• Effective: September 8, 2016
• Latest Legislation: House Bill 200 - 131st General Assembly

(A) The department of health shall do all of the following:

(1) Develop a form to be used by an individual or organization to certify successful completion of anaphylaxis training under section 3728.04 of the Revised Code;

(2) Develop a form to be used to report each administration of epinephrine or provision of an ephinephrine autoinjector as required by section 3728.10 of the Revised Code;

(3) Annually publish a report summarizing and analyzing all reports received by the department under section 3728.10 of the Revised Code in the previous year.

(B) The department may do either of the following:

(1) Approve individuals or organizations to conduct anaphylaxis training under section 3728.04 of the Revised Code or approve certain classes offered by an individual or organization;

(2) Adopt rules in accordance with Chapter 119. of the Revised Code specifying standards and procedures for storage and maintenance of epinephrine autoinjectors acquired pursuant to section 3728.03 of the Revised Code.