Dillon’s Law

I 118TH CONGRESS 1ST SESSION H. R. 3910 To amend the Public Health Service Act to give a preference, with respect to project grants for preventive health services, for States that allow all trained individuals to carry and administer epinephrine, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 7, 2023 Mr. GROTHMAN (for himself and Mrs. DINGELL) 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 all 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 21:02 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3910.IH H3910 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3910 IH SEC. 2. PREFERENCE FOR STATES THAT ALLOW ALL 1 TRAINED INDIVIDUALS TO CARRY AND AD- 2 MINISTER EPINEPHRINE. 3 Section 317 of the Public Health Service Act (42 4 U.S.C. 247b) is amended by adding at the end the fol- 5 lowing: 6 ‘‘(o) PREFERENCE.— 7 ‘‘(1) IN GENERAL.—In awarding grants under 8 this section, the Secretary shall give preference to 9 any State that— 10 ‘‘(A) permits all trained individuals to 11 carry and administer epinephrine to any indi- 12 vidual reasonably believed to be having an 13 anaphylactic reaction; and 14 ‘‘(B) provides to the Secretary the certifi- 15 cation described in paragraph (2). 16 ‘‘(2) CIVIL LIABILITY PROTECTION LAW.—The 17 certification described in this paragraph is a certifi- 18 cation made by the attorney general of the State 19 that the State— 20 ‘‘(A) has a civil liability protection law; 21 ‘‘(B) has reviewed such law to determine 22 the application of such law with regard to a 23 trained individual who may administer epineph- 24 rine to another individual reasonably believed to 25 be having an anaphylactic reaction; and 26 VerDate Sep 11 2014 21:02 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3910.IH H3910 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3910 IH ‘‘(C) has concluded that such law provides 1 adequate civil liability protection applicable to 2 such a trained individual. 3 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 4 this subsection creates a cause of action or in any 5 other way increases or diminishes the liability of any 6 person under any other law. 7 ‘‘(4) DEFINITIONS.—For purposes of this sub- 8 section: 9 ‘‘(A) The term ‘civil liability protection 10 law’ means a State law offering liability protec- 11 tion to individuals who give aid on a voluntary 12 basis in an emergency to an individual who is 13 ill, in peril, or otherwise incapacitated. 14 ‘‘(B) The term ‘trained individual’ means 15 an individual— 16 ‘‘(i) who has received training in the 17 administration of epinephrine; and 18 ‘‘(ii) whose training in the administra- 19 tion of epinephrine meets appropriate med- 20 ical standards and has been approved by 21 the State.’’. 22 Æ VerDate Sep 11 2014 21:02 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3910.IH H3910 pbinns on DSKJLVW7X2PROD with $$_JOB