Section 40:1142 - Allowance to stock emergency medication; definitionsA. For the purposes of this Section, the following definitions apply:(1)(a) "Life-saving medications" means any medication recognized by the Louisiana Department of Health as a medication that can be administered to treat a life-threatening condition.(b) Such medications may include but not be limited to the following:(2) "Qualified entity" means any public or private entity that is associated with a location where a medical emergency can occur, including licensed early learning centers, colleges and universities, places of employment, restaurants, amusement parks, recreation camps, after-school programs, sports playing fields and arenas, and other similar locations, except that "qualified entity" does not include public or non-public elementary or secondary schools.(3) "Trained personnel" means an employee, agent, or volunteer of an entity who has received training on the medications that include but are not limited to the following: (a) Techniques on how to recognize signs of life-threatening emergency standards and procedures for the storage and administration of life-saving medication.(b) Emergency follow-up procedures including the requirement to summon emergency services either immediately before or immediately after administering life-saving medication.B. Notwithstanding any other provision of law to the contrary, licensed healthcare professionals authorized to prescribe such medication may prescribe life-saving medications maintained in the name of a qualified entity for use in accordance with this Section.C. Notwithstanding any other provision of law to the contrary, licensed pharmacists and physicians may dispense life-saving medications in accordance with a prescription issued pursuant to this Section.D. Notwithstanding any other provision of law to the contrary, a qualified entity may maintain a stock supply of life-saving medications in accordance with a prescription issued pursuant to this Section. E.(1) The qualified entity may authorize trained personnel to administer life-saving medications to an individual on the qualified entity's premises or during a qualified entity-affiliated activity with whom the trained personnel as defined in this Section believes in good faith is experiencing a medical emergency, in accordance with this Section. There shall be a standing protocol for a licensed healthcare professional authorized to dispense or prescribe the necessary medication, regardless of whether the individual has a prescription for a life-saving medication. (2) Training may be performed by a medical emergency training organization, a registered nurse, or a licensed physician.F. The qualified entity may enter into arrangements with manufacturers of life-saving medications or third-party suppliers of life-saving medications to obtain life-saving medications at fair-market, free, or reduced prices.G. A person or entity shall not be liable for damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with administration or self-administration of a life-saving medication, unless the act or omission constitutes willful or wanton misconduct. The limitation of liability provided for in this Subsection shall apply to the following: (2) A qualified entity's employee, agent, or volunteer.(3) A licensed healthcare professional authorized to prescribe or dispense life-saving medications.(4) A training organization and its personnel.H. The administration of life-saving medications pursuant to this Section is not the practice of medicine or nursing. I.(1) Notwithstanding any other provision of law to the contrary, the secretary of the Louisiana Department of Health is authorized to issue a standing order for the prescription of life-saving medications on a statewide basis under certain conditions that he shall determine to be in the best interest of the people in this state.(2) If the secretary of the department is not a physician, the secretary may appoint a designee who is a physician employed by the department to issue the standing order provided for in this Subsection.J. The Louisiana Department of Health shall promulgate rules in accordance with the Administrative Procedure Act to implement the provisions of this Section. The rules shall include the list of life-saving medications that can be prescribed, dispensed, and maintained pursuant to the provisions of this Section. _____________________________________________
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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PRESIDENT OF THE SENATE
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GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:__________________
Added by Acts 2024, No. 657,s. 1, eff. 8/1/2024.