Preference for States that allow all trained individuals to carry and administer epinephrine

Section 317 of the Public Health Service Act (42 U.S.C. 247b) is amended by adding at the end the following:

(o)

Preference

(1)

In general

In awarding grants under this section, the Secretary shall give preference to any State that— (A)permits all trained individuals to carry and administer epinephrine to any individual reasonably believed to be having an anaphylactic reaction; and (B)provides to the Secretary the certification described in paragraph (2). (2)

Civil liability protection law

The certification described in this paragraph is a certification made by the attorney general of the State that the State— (A)has a civil liability protection law; (B)has reviewed such law to determine the application of such law with regard to a trained individual who may administer epinephrine to another individual reasonably believed to be having an anaphylactic reaction; and (C)has concluded that such law provides adequate civil liability protection applicable to such a trained individual. (3)

Rule of construction

Nothing in this subsection creates a cause of action or in any other way increases or diminishes the liability of any person under any other law. (4)

Definitions

For purposes of this subsection: (A)The term civil liability protection law means a State law offering liability protection to individuals who give aid on a voluntary basis in an emergency to an individual who is ill, in peril, or otherwise incapacitated. (B)The term trained individual means an individual— (i)who has received training in the administration of epinephrine; and (ii)whose training in the administration of epinephrine meets appropriate medical standards and has been approved by the State.