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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Boyd
SENATE BILL NO. 2197
AN ACT TO CREATE A PROGRAM FOR THE PRESCRIBING OF SINGLE-DOSE 1
EPINEPHRINE AUTO-INJECTORS TO AUTHORIZED ENTITIES FOR USE BY 2
CERTAIN LAYPERSONS TO PROVIDE OR ADMINISTER TO AN INDIVIDUAL 3
EXPERIENCING ANAPHYLAXIS; TO DEFINE TERMS; TO REQUIRE SUCH 4
LAYPERSONS TO COMPLETE AN INITIAL ANAPHYLAXIS TRAINING PROGRAM AND 5
AT LEAST BIENNIAL TRAINING PROGRAMS THEREAFTER TO PROVIDE OR 6
ADMINISTER EPINEPHRINE AUTO-INJECTORS TO INDIVIDUALS EXPERIENCING 7
ANAPHYLAXIS; TO PROVIDE IMMUNITY FROM ACTIONS RESULTING FROM THE 8
PROVISION OR ADMINISTRATION OF EPINEPHRINE AUTO-INJECTORS IN 9
CERTAIN CIRCUMSTANCES; TO AUTHORIZE THE STATE DEPARTMENT OF HEALTH 10
TO ADOPT RULES; AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. (1) As used in this section, the following terms 13
shall have the meaning ascribed herein: 14
(a) "Administer" means the direct application of an 15
epinephrine auto-injector to the body of an individual. 16
(b) "Authorized entity" means an entity or organization 17
at or in connection with which allergens capable of causing 18
anaphylaxis to patrons and the public may be present, including, 19
but not limited to, recreation camps, youth sport leagues, 20
amusement parks, restaurants, sports arenas and music venues. 21
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(c) "Department" means the Mississippi State Department 22
of Health. 23
(d) "Epinephrine auto-injector" means a single-use 24
device used for the automatic injection of a premeasured dose of 25
epinephrine into the human body. 26
(e) "Health care practitioner" means a physician or 27
other individual licensed under Title 73, Mississippi Code of 28
1972, to treat, use and prescribe medicine and drugs for sick and 29
injured humans in this state. 30
(f) "Provide" means the supply of one or more 31
epinephrine auto-injectors to an individual. 32
(2) A health care practitioner may prescribe epinephrine 33
auto-injectors in the name of an authorized entity for use in 34
accordance with this section, and pharmacists and medical 35
providers may dispense epinephrine auto-injectors pursuant to a 36
prescription issued in the name of any authorized entity. A 37
prescription issued pursuant to this section shall be valid for 38
two (2) years. 39
(3) An authorized entity may acquire and stock a supply of 40
epinephrine auto-injectors pursuant to a prescription issued in 41
accordance with this section. Epinephrine auto-injectors shall be 42
stored in a location that is readily accessible during an 43
emergency and in accordance with the epinephrine auto-injector's 44
instructions for use and any additional requirements that may be 45
established by the department. An authorized entity shall 46
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designate employees or agents who have completed training required 47
by this section to be responsible for the storage, maintenance, 48
control and general oversight of epinephrine auto-injectors 49
acquired by the authorized entity. 50
(4) An employee or agent of an authorized entity, or other 51
individual who has completed the training required by this 52
section, may use epinephrine auto-injectors prescribed pursuant to 53
this section to do either of the following: 54
(a) Provide an epinephrine auto-injector to an 55
individual who the employee, agent or other individual believes in 56
good faith is experiencing anaphylaxis, or the parent, guardian or 57
caregiver of the individual, for immediate administration, 58
regardless of whether the individual has a prescription for an 59
epinephrine auto-injector or has previously been diagnosed with an 60
allergy; or 61
(b) Administer an epinephrine auto-injector to any 62
individual who the employee, agent or other individual believes in 63
good faith is experiencing anaphylaxis, regardless of whether the 64
individual has a prescription for an epinephrine auto-injector or 65
has previously been diagnosed with an allergy. 66
(5) An employee, agent or other individual described in 67
subsection (3) or (4) of this section shall complete an initial 68
anaphylaxis training program and shall complete subsequent 69
training programs at least every two (2) years thereafter. 70
Training shall be conducted by a nationally recognized 71
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organization experienced in training laypersons in emergency 72
health treatment or by an entity or individual approved by the 73
department. The department may approve specific entities or 74
individuals or may approve classes of entities or individuals to 75
conduct training. The entity that conducts the training shall 76
issue a certificate, on a form developed by the department, to 77
each individual who successfully completes the anaphylaxis 78
training program. Training may be conducted online or in person 79
and, at a minimum, shall cover all of the following: 80
(a) How to recognize signs and symptoms of severe 81
allergic reactions, including anaphylaxis; 82
(b) Standards and procedures for the storage and 83
administration of an epinephrine auto-injector; and 84
(c) Emergency follow-up procedures. 85
(6) The following persons shall not be liable for any 86
injuries or related damages that result from any act or omission 87
taken pursuant to this section; provided, however, this immunity 88
does not apply to an act or omission constituting willful or 89
wanton conduct: 90
(a) An authorized entity that possesses and makes 91
available epinephrine auto-injectors and its employees, agents and 92
other individuals. 93
(b) An individual or entity that conducts the training 94
described in this section, but only to the extent the injuries or 95
related damages arise from the training conducted by the 96
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individual or entity. The immunity provided in this subsection 97
does not affect a manufacturer's liability regarding the design, 98
manufacture, instructions regarding the use of or training 99
regarding the use of an epinephrine auto-injector. 100
(7) The following persons shall be immune from any civil or 101
criminal liability for actions authorized under this section: 102
(a) A physician who prescribes or dispenses an 103
epinephrine auto-injector pursuant to this section, or who is 104
consulted pursuant to this section, and who has no managerial 105
authority over the individual administering the epinephrine 106
auto-injector. 107
(b) A pharmacist who dispenses an epinephrine 108
auto-injector pursuant to this section and who has no managerial 109
authority over the individual administering the epinephrine 110
auto-injector. 111
(8) The administration of an epinephrine auto-injector in 112
accordance with this section is not the practice of medicine, 113
except for licensed health care professionals, nor is it the 114
practice of another profession that otherwise requires licensure. 115
This section does not alter or replace any other immunity or 116
defense that may be available under state law. 117
(9) (a) An authorized entity that possesses and makes 118
available epinephrine auto-injectors shall submit to the 119
department, on a form developed by the department, a report of 120
each incident on the authorized entity's premises that involves 121
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ST: Epinephrine auto-injectors; allow certain
entities to stock and provide or administer
during anaphylactic emergencies.
the administration of an epinephrine auto-injector pursuant to 122
subsection (3) of this section. The department shall annually 123
publish a report that summarizes and analyzes all reports 124
submitted to it under this subsection. 125
(b) The department may adopt rules necessary to carry 126
out the intent of this section. 127
SECTION 2. This act shall take effect and be in force from 128
and after its passage. 129