Epinephrine Auto-injector Law

Epinephrine Auto-injector Law

Recreation camps, colleges, universities, preschools and day-care facilities may obtain and use epinephrine auto-injectors

Minn. Stat. § 144.999 allows authorized entities including recreation camps, colleges, universities, preschools and day-care facilities to obtain, store, and use epinephrine auto-injectors without a prescription. After successfully completing an anaphylaxis training program, owners, managers, employees and/or agents of an authorized entity may provide or administer an epinephrine auto-injector to an individual whom they believe in good faith is experiencing anaphylaxis.

Anaphylaxis is a severe allergic reaction that is rapid in onset and can be life-threatening.  Injecting a dose of epinephrine into the bloodstream of an individual experiencing anaphylaxis can lessen the intensity of the allergic reaction and save the individual’s life.

Under the law, authorized entities are under no duty or obligation to obtain or store epinephrine auto-injectors, or administer an epinephrine auto-injector shot. 

See Minn. Stat. § 144.999.

What organizations are considered an “authorized entity” under this law?

  • Minnesota law governing recreation camps is found in Minn. Stats. §§ 327.14 -.28.
  • Minnesota law governing colleges and universities is found in Minn. Stats. §§ 136A.62 - .821.
  • “Day-care facilities” and “preschools” include both licensed and licensed-exempt programs that provide day care or preschool services to children. Minnesota laws governing licensed child-care programs are found in Minnesota Statutes Chapter 245A; Minnesota Rules Chapter 9502 (family child care); and Minnesota Rules Chapter 9503 (child care centers). 
  • Minnesota law governing recreation camps are found in Minn. Stats. §§ 327.14-.28.

If your authorized entity is licensed, you must still abide by all licensing requirements. If you have questions about how this new law impacts your compliance with licensing requirements, please contact your licensing agency.

Who must get training?

Owners, managers, employees or agents of an authorized entity who choose to obtain and possess epinephrine auto-injectors without a prescription must successfully complete anaphylaxis training.   

Every two years, an individual must complete an anaphylaxis-training program that is conducted by:

  • A nationally recognized organization that is experienced in training laypersons in emergency health treatment;
  • A statewide organization with experience providing training on allergies and anaphylaxis under the supervision of board-certified allergy medical advisors; or
  • An entity or individual approved by the Commissioner of the Minnesota Department of Health to provide an anaphylaxis training program.

After successfully completing training, an authorized individual may administer an injection to an individual experiencing anaphylaxis or provide the auto-injector device to the individual or the individual’s caregiver or legal guardian for administration. 

There is no limit in the number of owners, managers, employees or agents of an authorized entity who may complete anaphylaxis training. An authorized entity shall designate employees or agents who have completed training to be responsible for storing, maintaining, and controlling the epinephrine auto-injectors. 

Where can I get training?

The training program shall issue a certificate to each individual who completes the anaphylaxis-training program, and the certification of completion is valid for two years from the date issued. 

There is no required form for the training certificate, but each certificate should contain at least the following information:

  • Name of the trainer or training organization.
  • Date training completed.
  • The topics covered in the training.

Where do we get epinephrine auto-injectors?

Epinephrine auto-injectors are available from pharmacies licensed by the Minnesota Board of Pharmacy as wholesale drug distributors under Minn. Stat. § 151.47. Not all pharmacies are licensed wholesalers. To locate licensed pharmacy wholesalers, go to:

Minnesota Board of Pharmacy Licensee / Registrant Search

You can also call your local community or hospital pharmacy to inquire if they are licensed as a wholesaler. Note that an authorized individual must present a valid training certificate to the pharmacy/wholesaler in order to purchase epinephrine auto-injectors. 

How do we store the epinephrine auto-injectors?

Epinephrine auto-injectors must be stored in a readily-accessible location for emergency use and in accordance with the device’s instructions. An authorized entity shall designate employees or agents who have completed the required anaphylaxis training the task of storing, maintaining, and controlling the epinephrine auto-injectors.

Are there legal protections for owners, managers, employees or agents of authorized entities who administer epinephrine auto-injectors?

Yes. Under Minnesota’s Good Samaritan Law, Minn. Stat. § 604A.01, providing or administering an epinephrine auto-injector to an individual experiencing anaphylaxis is considered to be emergency care, advice, or assistance. The Good Samaritan protections also apply to pharmacies and manufacturers that dispense epinephrine auto-injectors under Minn. Stat. § 144.999.

Do authorized entities need to get on a list in order to possess the epinephrine auto-injectors?

No. Neither the Commissioner of Health nor other state agencies maintain a list of organizations that choose to obtain epinephrine auto-injectors under this statute. Authorized individuals who have completed training may submit their respective training certificates to an authorized wholesale pharmacy to obtain the epinephrine auto-injectors.

I belong to an organization that is not currently an authorized entity. How can other types of organizations become an authorized entity?

The Commissioner of Health may add additional authorized entity categories for the Minnesota Legislature’s consideration during the 2019 legislative session. After July 1, 2018, please direct your request to Division Director’s Office, Health Regulation Division, Minnesota Department of Health, P.O. Box 64900, St. Paul, MN, 55164-0900. In the meantime, if you have questions, please email Anne Peterson, Principal Planner, Health Regulation Division, at anne.peterson@state.mn.us.

Updated Thursday, May 17, 2018 at 01:58PM