§1146. Allowance to stock emergency medication; definitions
A. 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 location
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§1146. Allowance to stock emergency medication; definitions
A. 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:
(i) Epinephrine.
(ii) Naloxone.
(iii) Albuterol.
(iv) Glucagon.
(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 nonpublic 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:
(1) A qualified entity.
(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 the secretary
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.