Bill Text: NY A00606 | 2015-2016 | General Assembly | Introduced
Bill Title: Requires epinephrine auto-injector devices at children's overnight, summer day and traveling summer day camps.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2016-01-06 - referred to health [A00606 Detail]
Download: New_York-2015-A00606-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 606 2015-2016 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2015 ___________ Introduced by M. of A. ROSENTHAL, PERRY -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to requiring epineph- rine auto-injector devices at children's overnight, summer day and traveling summer camps THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (a) of subdivision 1 of section 3000-c of the 2 public health law, as amended by chapter 424 of the laws of 2014, is 3 amended to read as follows: 4 (a) "Eligible person, firm, organization, or other entity" means, (i) 5 an ambulance service or advanced life support first response service; a 6 certified first responder, emergency medical technician, or advanced 7 emergency medical technician, who is employed by or an enrolled member 8 of any such service; OR (ii) [a children's overnight camp as defined in 9 subdivision one of section thirteen hundred ninety-two of this chapter, 10 a summer day camp as defined in subdivision two of section thirteen 11 hundred ninety-two of this chapter, a traveling summer day camp as 12 defined in subdivision three of section thirteen hundred ninety-two of 13 this chapter or a person employed by such a camp; or (iii)] school 14 districts, boards of cooperative educational services, county vocational 15 education and extension boards, charter schools, and non-public elemen- 16 tary and secondary schools in this state or any person employed by any 17 such entity; or [(iv)] (III) any other person, firm, organization or 18 entity designated pursuant to regulations of the commissioner in consul- 19 tation with other appropriate agencies; and all subject to regulations 20 of the commissioner. 21 S 2. The public health law is amended by adding a new section 1392-b 22 to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01838-01-5 A. 606 2 1 S 1392-B. EPINEPHRINE AUTO-INJECTOR DEVICES REQUIRED. 1. DEFINITIONS. 2 AS USED IN THIS SECTION, "EMERGENCY HEALTH CARE PROVIDER" MEANS (A) A 3 PHYSICIAN WITH KNOWLEDGE AND EXPERIENCE IN THE DELIVERY OF EMERGENCY 4 CARE; OR (B) A HOSPITAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS 5 CHAPTER THAT PROVIDES EMERGENCY CARE. 6 2. COLLABORATIVE AGREEMENT. (A) EVERY PERSON, FIRM, LIMITED LIABILITY 7 COMPANY, ASSOCIATION AND CORPORATION WHICH OPERATES A CHILDREN'S OVER- 8 NIGHT, SUMMER DAY AND TRAVELING SUMMER DAY CAMP, AS DEFINED IN THIS 9 ARTICLE, SHALL MAINTAIN A COLLABORATIVE AGREEMENT WITH AN EMERGENCY 10 HEALTH CARE PROVIDER AND SHALL HAVE ON THE PREMISES AN EPINEPHRINE 11 AUTO-INJECTOR DEVICE. 12 (B) THE COLLABORATIVE AGREEMENT REQUIRED PURSUANT TO PARAGRAPH (A) OF 13 THIS SUBDIVISION SHALL INCLUDE A WRITTEN AGREEMENT THAT INCORPORATES 14 WRITTEN PRACTICE PROTOCOLS, AND POLICIES AND PROCEDURES THAT SHALL 15 ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. THE PERSON, FIRM, 16 LIMITED LIABILITY COMPANY, ORGANIZATION OR ENTITY OPERATING THE CHIL- 17 DREN'S OVERNIGHT, SUMMER DAY AND TRAVELING SUMMER DAY CAMP SHALL FILE A 18 COPY OF THE COLLABORATIVE AGREEMENT WITH THE DEPARTMENT AND WITH THE 19 APPROPRIATE REGIONAL COUNCIL PRIOR TO USING ANY EPINEPHRINE AUTO-INJEC- 20 TOR DEVICE. 21 3. POSSESSION AND USE OF EPINEPHRINE AUTO-INJECTOR DEVICES. POSSESSION 22 AND USE OF EPINEPHRINE AUTO-INJECTOR DEVICES SHALL BE LIMITED AS 23 FOLLOWS: 24 (A) NO PERSON SHALL USE AN EPINEPHRINE AUTO-INJECTOR DEVICE UNLESS 25 SUCH PERSON SHALL HAVE SUCCESSFULLY COMPLETED A TRAINING COURSE IN THE 26 USE OF EPINEPHRINE AUTO-INJECTOR DEVICES APPROVED BY THE COMMISSIONER 27 PURSUANT TO THE RULES OF THE DEPARTMENT. THIS SECTION DOES NOT PROHIBIT 28 THE USE OF AN EPINEPHRINE AUTO-INJECTOR DEVICE (I) BY A HEALTH CARE 29 PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCATION 30 LAW ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE, OR (II) BY A PERSON 31 ACTING PURSUANT TO A LAWFUL PRESCRIPTION. 32 (B) EVERY PERSON, FIRM, ORGANIZATION AND ENTITY AUTHORIZED TO POSSESS 33 AND USE EPINEPHRINE AUTO-INJECTOR DEVICES PURSUANT TO THIS SECTION SHALL 34 USE, MAINTAIN AND DISPOSE OF SUCH DEVICES PURSUANT TO REGULATIONS OF THE 35 DEPARTMENT. 36 (C) EVERY USE OF AN EPINEPHRINE AUTO-INJECTOR DEVICE PURSUANT TO THIS 37 SECTION SHALL IMMEDIATELY BE REPORTED TO THE EMERGENCY HEALTH CARE 38 PROVIDER. 39 4. APPLICATION OF OTHER LAWS. (A) USE OF AN EPINEPHRINE AUTO-INJECTOR 40 DEVICE PURSUANT TO THIS SECTION SHALL BE CONSIDERED FIRST AID OR EMER- 41 GENCY TREATMENT FOR THE PURPOSE OF ANY STATUTE RELATING TO LIABILITY. 42 (B) PURCHASE, ACQUISITION, POSSESSION OR USE OF AN EPINEPHRINE 43 AUTO-INJECTOR DEVICE PURSUANT TO THIS SECTION SHALL NOT CONSTITUTE THE 44 UNLAWFUL PRACTICE OF A PROFESSION OR OTHER VIOLATION UNDER TITLE EIGHT 45 OF THE EDUCATION LAW OR ARTICLE THIRTY-THREE OF THIS CHAPTER. 46 (C) ANY PERSON OTHERWISE AUTHORIZED TO SELL OR PROVIDE AN EPINEPHRINE 47 AUTO-INJECTOR DEVICE MAY SELL OR PROVIDE IT TO A PERSON AUTHORIZED TO 48 POSSESS IT PURSUANT TO THIS SECTION. 49 S 3. This act shall take effect on the one hundred eightieth day after 50 it shall have become a law; provided that any rules and regulations 51 necessary to implement the provisions of this act on its effective date 52 are authorized and directed to be added, amended and/or repealed on or 53 before such date; provided, however, that if chapter 424 of the laws of 54 2014 shall not have taken effect on or before such date then section one 55 of this act shall take effect on the same date and in the same manner as 56 such chapter of the laws of 2014 takes effect.