AN ACT TO AUTHORIZE RESTAURANT OWNERS TO OBTAIN AUTO-INJECTABLE EPINEPHRINE DEVICES FROM THE STATE DEPARTMENT OF HEALTH OR FROM A PHARMACY UNDER A STANDING ORDER ISSUED BY A HEALTH CARE PRACTITIONER; TO REQUIRE RESTAURANTS THAT OBTAIN AUTO-INJECTABLE EPINEPHRINE DEVICES TO REQUIRE AT LEAST ONE EMPLOYEE AT THE RESTAURANT TO RECEIVE TRAINING FROM A PRACTITIONER IN THE ADMINISTRATION OF AUTO-INJECTABLE EPINEPHRINE; TO AUTHORIZE RESTAURANT EMPLOYEES WHO ARE TRAINED IN THE ADMINISTRATION OF AUTO-INJECTABLE EPINEPHRINE, ACTING IN GOOD FAITH AND WITH REASONABLE CARE TO A PERSON IN THE RESTAURANT WHOM THEY BELIEVE TO BE HAVING AN ANAPHYLACTIC REACTION, TO ADMINISTER TO SUCH PERSON AUTO-INJECTABLE EPINEPHRINE THAT WAS OBTAINED AS PROVIDED IN THIS ACT; TO AUTHORIZE THE STATE DEPARTMENT OF HEALTH TO OBTAIN AND DISTRIBUTE AUTO-INJECTABLE EPINEPHRINE DEVICES TO THE OWNER OF A RESTAURANT UPON A REQUEST MADE IN WRITING; TO REQUIRE THE RESTAURANT OWNER TO PAY THE FULL COST OF THE AUTO-INJECTABLE EPINEPHRINE DEVICES OBTAINED FROM THE DEPARTMENT; TO AUTHORIZE PRACTITIONERS TO ISSUE A STANDING ORDER TO ONE OR MORE INDIVIDUAL PHARMACIES THAT AUTHORIZES THE PHARMACY TO DISPENSE AUTO-INJECTABLE EPINEPHRINE DEVICES TO RESTAURANT OWNERS WITHOUT THEM NEEDING TO HAVE AN INDIVIDUAL PRESCRIPTION; TO AUTHORIZE PHARMACISTS TO DISPENSE AUTO-INJECTABLE EPINEPHRINE DEVICES TO RESTAURANT OWNERS UNDER A STANDING ORDER ISSUED BY A PRACTITIONER; TO PROVIDE CIVIL AND CRIMINAL IMMUNITY TO TRAINED RESTAURANT EMPLOYEES WHO ADMINISTER OR ASSIST IN THE ADMINISTRATION OF AUTO-INJECTABLE EPINEPHRINE TO A PERSON IN THE RESTAURANT WHOM THEY BELIEVE TO BE HAVING AN ANAPHYLACTIC REACTION; TO ALSO PROVIDE CIVIL AND CRIMINAL IMMUNITY TO THE RESTAURANT, ANY PRACTITIONER WHO ISSUED THE STANDING ORDER FOR THE DEVICE, ANY PHARMACIST WHO DISPENSED THE DEVICE, ANY EMPLOYEE OF THE STATE DEPARTMENT OF HEALTH WHO DISTRIBUTED THE DEVICE, AND ANY PERSON WHO PROVIDED THE TRAINING IN THE USE OF THE DEVICE; TO AMEND SECTION 73-21-73, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
HB1434 would create a new framework allowing Mississippi restaurants with a food permit and at least 10 seats to obtain auto-injectable epinephrine devices, commonly known as epinephrine auto-injectors, from the State Department of Health or from pharmacies operating under a practitioner-issued standing order. Restaurants that choose to obtain the devices would have to keep them in a locked, secure, and easily accessible location and ensure that at least one employee receives training from a practitioner on how to administer the medication.
The bill also authorizes trained restaurant employees to administer epinephrine in good faith and with reasonable care to a person they believe is experiencing anaphylaxis. It extends civil and criminal immunity to the employee, the restaurant, the prescribing practitioner, the dispensing pharmacist and pharmacy, the Department of Health employee who distributes the device, and the person who provided training, so long as conduct does not rise to willful or wanton misconduct or gross negligence. The bill amends Mississippi pharmacy law to recognize standing orders for epinephrine auto-injectors as a form of prescription, aligning the new restaurant access program with existing pharmacy and practitioner authority.
HB1434 would add a new public-health option for restaurants to stock and use epinephrine auto-injectors in emergencies, while also modifying Section 73-21-73 of the Mississippi Code to incorporate standing orders for these devices into the state’s pharmacy definitions. It would affect restaurant owners, restaurant employees, practitioners authorized to prescribe, pharmacists, and the State Department of Health by creating a lawful pathway for acquisition, training, dispensing, and emergency administration of epinephrine in restaurant settings. The bill takes effect July 1, 2026, and requires restaurant owners to pay the full cost of devices obtained from the Department of Health.
The bill appears generally supportive of expanding emergency preparedness and reducing barriers to access for life-saving allergy treatment in restaurants. Because there are no committee transcripts or recorded votes provided, there is no documented opposition or debate in the available materials. The bill’s structure suggests a consensus-oriented public health measure focused on enabling rapid response to anaphylactic reactions.
The main potential points of contention are the added responsibilities and costs for restaurant owners, who would need to purchase the devices, store them securely, and ensure employee training. Another possible concern is liability exposure in emergency medical situations, which the bill addresses by granting broad immunity to trained employees and related parties except in cases of gross negligence or willful misconduct. The bill also relies on standing orders and Department of Health distribution authority, which may raise implementation questions for pharmacies, practitioners, and regulators, though no specific objections are documented in the provided record.