For purposes of this subchapter:

(1) “Administer” means the direct application of an epinephrine autoinjector or intranasal epinephrine spray to the body of an individual.

(2) “Dispensing” means providing 1 or more epinephrine autoinjectors or intranasal epinephrine sprays according to an order of a licensed health-care provider.

(3) “Epinephrine autoinjector” means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.

(4) “Institution of higher education” means a public or private educational institution, physically located in this State, that provides a program of education beyond the high school level and awards an associate’s, bachelor’s, or advanced degree.

(5) “Intranasal epinephrine spray” means a single-dose nasal spray that delivers epinephrine through the nostrils.

(6) “Licensed health-care provider” means a physician or an individual licensed and authorized to write prescriptions for individuals under Title 24.

(7) “Records’' means the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data, and other documentation generated by any administration or review of epinephrine autoinjectors.

(8) “Self-administration” means the process whereby an individual gives themselves a single dose of epinephrine from a previously dispensed, properly labeled autoinjector or intranasal epinephrine spray.

83 Del. Laws, c. 122, § 3;  85 Del. Laws, c. 410, § 1; 

The Department shall do all of the following:

(1) Promote the safe use of epinephrine autoinjectors and intranasal epinephrine sprays at institutions of higher education to reduce deaths from anaphylaxis.

(2) Promulgate regulations to implement this subchapter.

83 Del. Laws, c. 122, § 3;  85 Del. Laws, c. 410, § 1; 

(a) A licensed health-care provider may prescribe epinephrine autoinjectors and intranasal epinephrine sprays in the name of an institution of higher education for use under this subchapter.

(b) A licensed health-care provider or pharmacist may dispense epinephrine autoinjectors and intranasal epinephrine sprays under a prescription issued in the name of an institution of higher education.

(c) An institution of higher education may acquire and stock a supply of epinephrine autoinjectors and intranasal epinephrine sprays under a prescription issued under this subchapter as follows:

(1) The epinephrine autoinjectors and intranasal epinephrine sprays must be stored in a location readily accessible in an emergency.

(2) The epinephrine autoinjectors and intranasal epinephrine sprays must be stored in accordance with the instructions for use and any additional requirements established by the Department.

(3) An institution of higher education shall designate employees or agents who have completed the training required under § 3015E of this title to be responsible for the storage, maintenance, and general oversight of epinephrine autoinjectors and intranasal epinephrine sprays acquired by the institution of higher education.

83 Del. Laws, c. 122, § 3;  85 Del. Laws, c. 410, § 1; 

(a) An employee or agent of an institution of higher education, who has completed the training required under § 3015E of this title may, on the premises of or in connection with the institution of higher education, use epinephrine autoinjectors or intranasal epinephrine sprays prescribed under § 3013E of this title as follows:

(1) Provide an epinephrine autoinjector or intranasal epinephrine spray to an individual who the employee, agent, or the individual believes in good faith is experiencing anaphylaxis for immediate self-administration, regardless of whether the individual has a prescription for an epinephrine autoinjector or intranasal epinephrine spray or has previously been diagnosed with an allergy.

(2) Administer an epinephrine autoinjector or intranasal epinephrine spray to any individual who the employee or agent believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine autoinjector or intranasal epinephrine spray or has previously been diagnosed with an allergy.

(b) An individual who uses an epinephrine autoinjector or intranasal epinephrine spray under subsection (a) of this section must do all of the following:

(1) Notify the appropriate emergency medical service units as soon as possible.

(2) Report the use to the appropriate licensed physician or medical authority, if known.

83 Del. Laws, c. 122, § 3;  85 Del. Laws, c. 410, § 1; 

(a) An employee or agent of an institution of higher education must complete an anaphylaxis training program before providing or administering an epinephrine autoinjector or intranasal epinephrine spray made available by an institution of higher education. The training must be conducted by a nationally-recognized organization experienced in training laypersons in emergency health treatment or an entity or individual approved by the Department. Training may be conducted online or in person and, at a minimum, must cover all of the following:

(1) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis.

(2) Standards and procedures for the storage and administration of an epinephrine autoinjector and intranasal epinephrine spray.

(3) Risks of administering an epinephrine autoinjector or intranasal epinephrine spray that has expired or that was not stored at the proper temperature.

(4) Potential contraindications, risks, side effects, or medication reactions after appropriate use.

(5) The differences in usage, storage, and administration of EpiPen Jr. autoinjectors and intranasal epinephrine sprays.

(6) What to do if an individual is at a borderline weight.

(7) Emergency follow-up procedures.

(b) The entity that conducts the training shall issue a certificate, on a form developed or approved by the Department, to each person who successfully completes the anaphylaxis training program.

(c) An individual who successfully completes an anaphylaxis training under this section may use epinephrine autoinjectors and intranasal epinephrine sprays prescribed under § 3013E of this title for 2 years from the date of completion on the certificate issued under subsection (b) of this section.

83 Del. Laws, c. 122, § 3;  85 Del. Laws, c. 410, § 1; 

(a) A licensed health-care provider who prescribes or dispenses an epinephrine autoinjector or intranasal epinephrine spray to an institution of higher education under this subchapter must do so in good faith and with reasonable care. Unless it is established that the licensed health-care provider caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, a licensed health-care provider is not subject to any of the following as a result of prescribing or dispensing an epinephrine autoinjector or intranasal epinephrine spray under this subchapter:

(1) Disciplinary or other adverse action under the professional licensing laws of this State.

(2) Criminal liability.

(3) Liability for damages for injuries or death.

(b) A pharmacist who dispenses an epinephrine autoinjector or intranasal epinephrine spray to an institution of higher education under this subchapter must do so in good faith and with reasonable care. Unless it is established that the pharmacist caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, a pharmacist is not subject to any of the following as a result of dispensing an epinephrine autoinjector or intranasal epinephrine spray under this subchapter:

(1) Disciplinary or other adverse action under the professional licensing laws of this State.

(2) Criminal liability.

(3) Liability for damages for injuries or death.

(c) An institution of higher education that possesses and makes available epinephrine autoinjector or intranasal epinephrine spray under this subchapter must do so in good faith and with reasonable care. Unless it is established that the institution of higher education caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, an institution of higher education is not subject to any of the following as a result of possessing or making available an epinephrine autoinjector or intranasal epinephrine spray under this subchapter:

(1) Disciplinary or other adverse action under the professional licensing laws of this State.

(2) Criminal liability.

(3) Liability for damages for injuries or death.

(d) An individual who administers or provides an epinephrine autoinjector or intranasal epinephrine spray under this subchapter is exempt from liability under § 6801 of this title.

83 Del. Laws, c. 122, § 3;  85 Del. Laws, c. 410, § 1; 

(a) An institution of higher education that possesses and makes available epinephrine autoinjectors or intranasal epinephrine spray must submit to the Department, on a form developed by the Department, a report of each incident that involves the administration of the institution of higher education’s epinephrine autoinjector or intranasal epinephrine spray.

(b) Records relating to epinephrine autoinjector or intranasal epinephrine spray reviews and audits are confidential and privileged, protected, and are not subject to discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. Raw data used in any epinephrine autoinjector or intranasal epinephrine spray review or audit is not a public record under Chapter 100 of Title 29 and is confidential under § 1768(b) of Title 24.

(c) [Repealed.]

83 Del. Laws, c. 122, § 3;  85 Del. Laws, c. 410, § 1;