ANNAPOLIS — Although no action has yet been taken, a bill to allow certain food-service operations to administer auto-injectable epinephrine, or EpiPens, in the event of an emergency had a successful first state Senate committee hearing last week.
In late October, local businessman Chris Trimper suffered an extreme allergic reaction during a reception at a local food service facility and did not survive. In the wake of Trimper’s passing in October, resort officials began to question if the outcome might have been different if the restaurant stored and maintained EpiPens and had staff on hand trained in their usage.
Cursory research confirmed Maryland is just one of 14 states that currently do no allow private entities including most restaurants and food-service operations to obtain, store and utilize EpiPens during emergency situations. In the aftermath of the October tragic incident, resort officials and the local business community called for legislation that would, under certain circumstances, allow food-service operations in Maryland to obtain, store and utilize EpiPens during emergency situations.
To that end, State Senator Mary Beth Carozza introduced Senate Bill 477, which would “authorize food service facilities to store and make available for administration auto-injectable epinephrine for a certain purpose under the program, authorize participating food service facilities, except under certain circumstances, to obtain a certain prescription for and supply of auto-injectable epinephrine, and require participating food service facilities to store a supply of auto-injectable epinephrine in a certain manner.”
Over in the House, Delegate Wayne Hartman (R-38C) along with other state delegates introduced sister legislation House Bill 1462. Last Friday, Senate Bill 477 had an initial hearing in the Senate Finance Committee, and although no action on a favorable recommendation has yet been taken, there was no opposition to the legislation.
In fact, during the hearing, an Annapolis restaurateur’s testimony on the bill was cut short by a committee member who essentially said the committee had heard enough in favor of the legislation. At the outset of the committee hearing, Carozza provided a brief history of the catalyst for the bill.
“I became aware of the need for this legislation after the tragic death of Chris Trimper, a beloved community and business leader who died suddenly this past October of anaphylaxis related to a shellfish allergy,” she said. “Shortly after Chris’s death, several civic leaders and business owners brought to my attention their strong interest and support of allowing restaurants to have the option of obtaining and storing epinephrine on their premises to be used in emergency situations.”
Carozza explained a food-service operation’s participation in the epi-pen program would be strictly voluntary. In addition, provisions in the bill would provide immunity from liability under the state’s Good Samaritan laws.
“Restaurants and stand-alone food service facilities would be able to obtain, store and administer EpiPens,” she said. “It would include the same immunity from civil liability as the current law. Data shows death from anaphylaxis occurs more often when the individual is away from home.”
During testimony at the committee hearing last week, Carozza cited a written statement from a 15-year-old Stephen Decatur High School student.
“Individuals with food allergies don’t always carry epinephrine for various reasons,” the student’s written statement reads. “They may not know the severity of their allergy. Perhaps they forgot their epi-pen. That is why it’s important for restaurants to carry EpiPens and for the staff to receive the training.”
“I believe this legislation would be a truly preventative measure for individuals who deal with food allergies on a daily basis,” Carozza said. “Having epinephrine available in public places helps create safer communities and potentially save our most vulnerable citizens.”
The bill would require eligible food service institutions to obtain a certificate allowing it to obtain, store and administer auto-injectable epinephrine in an emergency situation. Under the legislation, the participating facilities would designate the employees who are certificate holders who will be responsible for the storage, maintenance and control of the supply or auto-injectable epinephrine. A participating facility would not be able to obtain or store the EpiPens unless it has at least two employees who are certificate holders.
