Dillon’s Law

I 117TH CONGRESS 1ST SESSION H. R. 4049 To amend the Public Health Service Act to give a preference, with respect to project grants for preventive health services, for States that allow trained individuals to carry and administer epinephrine, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 22, 2021 Mr. GROTHMAN introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to give a preference, with respect to project grants for preventive health serv- ices, for States that allow trained individuals to carry and administer epinephrine, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as ‘‘Dillon’s Law’’. 4 VerDate Sep 11 2014 01:42 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4049.IH H4049 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 4049 IH SEC. 2. PREFERENCE FOR STATES THAT ALLOW TRAINED 1 INDIVIDUALS TO CARRY AND ADMINISTER 2 EPINEPHRINE. 3 Section 317 of the Public Health Service Act (42 4 U.S.C. 247b) is amended by adding at the end the fol- 5 lowing new subsection: 6 ‘‘(o) PREFERENCE FOR STATES THAT ALLOW 7 TRAINED INDIVIDUALS TO CARRY AND ADMINISTER EPI- 8 NEPHRINE.— 9 ‘‘(1) PREFERENCE.—The Secretary, in making 10 grants under this section, shall give preference to 11 any State that— 12 ‘‘(A) permits a trained individual to ad- 13 minister epinephrine to any individual reason- 14 ably believed to be having an anaphylactic reac- 15 tion; and 16 ‘‘(B) provides to the Secretary the certifi- 17 cation described in paragraph (2). 18 ‘‘(2) CIVIL LIABILITY PROTECTION LAW.—The 19 certification described in this paragraph is a certifi- 20 cation made by the attorney general of the State 21 that the State— 22 ‘‘(A) has a civil liability protection law; 23 ‘‘(B) has reviewed such law to determine 24 the application of such law with regard to a 25 trained individual who may administer epineph- 26 VerDate Sep 11 2014 01:42 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4049.IH H4049 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 4049 IH rine to another individual reasonably believed to 1 be having an anaphylactic reaction; and 2 ‘‘(C) has concluded that such law provides 3 adequate civil liability protection applicable to 4 such a trained individual. 5 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 6 this subsection creates a cause of action or in any 7 other way increases or diminishes the liability of any 8 person under any other law. 9 ‘‘(4) DEFINITIONS.—For purposes of this sub- 10 section: 11 ‘‘(A) The term ‘civil liability protection 12 law’ means a State law offering liability protec- 13 tion to individuals who give aid on a voluntary 14 basis in an emergency to an individual who is 15 ill, in peril, or otherwise incapacitated. 16 ‘‘(B) The term ‘trained individual’ means 17 an individual— 18 ‘‘(i) who has received training in the 19 administration of epinephrine; and 20 ‘‘(ii) whose training in the administra- 21 tion of epinephrine meets appropriate med- 22 ical standards and has been approved by 23 the State.’’. 24 Æ VerDate Sep 11 2014 01:42 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H4049.IH H4049 kjohnson on DSK79L0C42PROD with BILLS