Missouri Revised Statutes













Chapter 190

Emergency Services

←190.245

Section 190.246.1

190.248→

August 28, 2015

Epinephrine auto-injector, possession and use limitations--definitions--use of device considered first aid--violations, penalty.

190.246. 1. As used in this section, the following terms shall mean:



(1) "Eligible person, firm, organization or other entity", an ambulance

service or emergency medical response agency, a certified first responder,

emergency medical technical-basic or emergency medical technician-paramedic

who is employed by, or an enrolled member, person, firm, organization or

entity designated by, rule of the department of health and senior services in

consultation with other appropriate agencies. All such eligible persons,

firms, organizations or other entities shall be subject to the rules

promulgated by the director of the department of health and senior services;



(2) "Emergency health care provider":



(a) A physician licensed pursuant to chapter 334 with knowledge and

experience in the delivery of emergency care; or



(b) A hospital licensed pursuant to chapter 197 that provides emergency

care.



2. Possession and use of epinephrine auto-injector devices shall be

limited as follows:



(1) No person shall use an epinephrine auto-injector device unless such

person has successfully completed a training course in the use of epinephrine

auto-injector devices approved by the director of the department of health and

senior services. Nothing in this section shall prohibit the use of an

epinephrine auto-injector device:



(a) By a health care professional licensed or certified by this state

who is acting within the scope of his or her practice; or



(b) By a person acting pursuant to a lawful prescription;



(2) Every person, firm, organization and entity authorized to possess

and use epinephrine auto-injector devices pursuant to this section shall use,

maintain and dispose of such devices in accordance with the rules of the

department;



(3) Every use of an epinephrine auto-injector device pursuant to this

section shall immediately be reported to the emergency health care provider.



3. (1) Use of an epinephrine auto-injector device pursuant to this

section shall be considered first aid or emergency treatment for the purpose

of any law relating to liability.



(2) Purchase, acquisition, possession or use of an epinephrine

auto-injector device pursuant to this section shall not constitute the

unlawful practice of medicine or the unlawful practice of a profession.



(3) Any person otherwise authorized to sell or provide an epinephrine

auto-injector device may sell or provide it to a person authorized to possess

it pursuant to this section.



4. Any person, firm, organization or entity that violates the provisions

of this section is guilty of a class B misdemeanor.



(L. 2002 S.B. 1107)







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