Bill Text: NY S08038 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to epinephrine injector devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-11 - REFERRED TO HEALTH [S08038 Detail]

Download: New_York-2019-S08038-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8038

                    IN SENATE

                                     March 11, 2020
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law, in relation to epinephrine injec-
          tor devices

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  3000-c  of  the public health law, as amended by
     2  chapter 373 of the laws of 2016,  paragraph  (a)  of  subdivision  1  as
     3  amended  by  chapter  633  of  the  laws  of 2019, is amended to read as
     4  follows:
     5    § 3000-c.  Epinephrine  [auto-injector]  injector  devices.  1.  Defi-
     6  nitions. As used in this section:
     7    (a)  "Eligible  person  or  entity" means: (i) an ambulance service or
     8  advanced life support first response service; a certified first  respon-
     9  der,  firefighter in a city, town or village having a population of less
    10  than one million, emergency medical technician,  or  advanced  emergency
    11  medical technician, who is employed by or an enrolled member of any such
    12  service;  (ii) a children's overnight camp as defined in subdivision one
    13  of section thirteen hundred ninety-two of this  chapter,  a  summer  day
    14  camp  as  defined in subdivision two of section thirteen hundred ninety-
    15  two of this chapter, a traveling summer day camp as defined in  subdivi-
    16  sion  three  of section thirteen hundred ninety-two of this chapter or a
    17  person employed by such a camp; (iii) a school district, board of  coop-
    18  erative  educational services, county vocational education and extension
    19  board, charter school, and non-public elementary and secondary school in
    20  this state or any person employed by any such entity, or employed  by  a
    21  contractor  of  such an entity while performing services for the entity;
    22  (iv) a sports, entertainment, amusement, education, government, day care
    23  or retail facility; an educational institution,  youth  organization  or
    24  sports  league;  an establishment that serves food; or a person employed
    25  by such entity; (v) a police officer or peace officer in a city, town or
    26  village having a population of less than one million; and (vi) any other
    27  person or entity designated or approved, or in a category designated  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15543-01-0

        S. 8038                             2

     1  approved  pursuant  to  regulations  of the commissioner in consultation
     2  with other appropriate agencies.
     3    (b)  "Epinephrine  [auto-injector] injector device" means a single-use
     4  device used for the [automatic]  injection  of  a  premeasured  dose  of
     5  epinephrine  into  the human body for the purpose of emergency treatment
     6  of a person appearing to experience anaphylactic  symptoms  approved  by
     7  the food and drug administration.
     8    (c)  "Health  care  practitioner"  means  a  health  care practitioner
     9  licensed, certified, or authorized to practice under title eight of  the
    10  education  law who is authorized thereby to administer drugs, and who is
    11  acting within the scope of his or her practice.
    12    2. Possession and use. (a) Any eligible person or entity may purchase,
    13  acquire, possess and use epinephrine  [auto-injector]  injector  devices
    14  for emergency treatment of a person appearing to experience anaphylactic
    15  symptoms, under this section.
    16    (b)  An eligible person or entity shall designate one or more individ-
    17  uals who have completed the training required by paragraph (c)  of  this
    18  subdivision to be responsible for the storage, maintenance, control, and
    19  general  oversight of the epinephrine [auto-injectors] injector acquired
    20  by the eligible person or entity.
    21    (c) No one may use an epinephrine [auto-injector] injector  device  on
    22  behalf of an eligible person or entity unless he or she has successfully
    23  completed  a  training  course in the use of epinephrine [auto-injector]
    24  injector devices conducted by a nationally recognized organization expe-
    25  rienced in training laypersons in emergency health treatment  or  by  an
    26  entity  or  individual approved by the commissioner, or is directed in a
    27  specific instance to use an epinephrine [auto-injector] injector  device
    28  by  a  health care practitioner. The training required by this paragraph
    29  shall include (i) how to recognize signs and symptoms of severe allergic
    30  reactions, including anaphylaxis; (ii) recommended dosage for adults and
    31  children; (iii) standards and procedures for the  storage  and  adminis-
    32  tration  of  an epinephrine [auto-injector] injector; and (iv) emergency
    33  follow-up procedures.
    34    (d) This section does not prohibit the use of an epinephrine [auto-in-
    35  jector] injector device (i) by a health care practitioner or (ii)  by  a
    36  person acting pursuant to a lawful patient-specific prescription.
    37    (e)  Every  eligible  person  and entity authorized to possess and use
    38  epinephrine [auto-injector] injector devices pursuant  to  this  section
    39  shall  use, maintain and dispose of such devices pursuant to regulations
    40  of the department.
    41    (f) Nothing in this section shall require any eligible person or enti-
    42  ty to acquire, possess, store, make available, or administer an epineph-
    43  rine [auto-injector] injector.
    44    3. Prescriptions. (a) A health care practitioner who is authorized  to
    45  prescribe drugs may prescribe, dispense or provide an epinephrine [auto-
    46  injector]  injector  device  to or for an eligible person or entity by a
    47  non-patient-specific prescription.
    48    (b) A pharmacist may dispense an epinephrine [auto-injector]  injector
    49  pursuant to a non-patient-specific prescription under this subdivision.
    50    (c)  This subdivision does not limit any other authority a health care
    51  practitioner or pharmacist has to prescribe, dispense, provide or admin-
    52  ister an epinephrine [auto-injector] injector device.
    53    4. Application of other laws. (a) Use of an  epinephrine  [auto-injec-
    54  tor]  injector device pursuant to this section shall be considered first
    55  aid or emergency treatment for the purpose of any  statute  relating  to
    56  liability.

        S. 8038                             3

     1    (b)  Purchase, acquisition, possession or use of an epinephrine [auto-
     2  injector] injector device pursuant to this section shall not  constitute
     3  the  unlawful  practice  of  a profession or other violation under title
     4  eight of the education law or article thirty-three of this chapter.
     5    (c)  Any person otherwise authorized to sell or provide an epinephrine
     6  [auto-injector] injector device may sell or provide it to  a  person  or
     7  entity authorized to possess it pursuant to this section.
     8    § 2. This act shall take effect immediately.
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