S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7041

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 30, 2013
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to use of epinephrine
  auto-injector devices in schools and authorizing the use  of  glucagon
  for emergency injection kits

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 3000-a of the public  health  law,
as  amended  by  chapter  243 of the laws of 2010, is amended to read as
follows:
  2. (i) Any person who, or entity, partnership,  corporation,  firm  or
society  that,  purchases, operates, facilitates implementation or makes
available resuscitation equipment that facilitates first aid,  an  auto-
mated  external  defibrillator [or], an epinephrine auto-injector device
OR A GLUCAGON EMERGENCY INJECTION KIT as required by or pursuant to  law
or local law, or (ii) an emergency health care provider under a collabo-
rative  agreement  pursuant  to section three thousand-b of this article
with respect to an automated external defibrillator, or (iii) the  emer-
gency  health care provider with a collaborative agreement under section
three thousand-c of this article with respect to use of  an  epinephrine
auto-injector  device, OR (IV) THE EMERGENCY HEALTH CARE PROVIDER WITH A
COLLABORATIVE AGREEMENT UNDER SECTION THREE THOUSAND-E OF  THIS  ARTICLE
WITH  RESPECT TO USE OF A GLUCAGON EMERGENCY INJECTION KIT, shall not be
liable for damages arising either from the use of that  equipment  by  a
person  who voluntarily and without expectation of monetary compensation
renders first aid or emergency treatment at the scene of an accident  or
medical  emergency,  or  from the use of defectively manufactured equip-
ment; provided that this subdivision shall not  limit  the  person's  or
entity's,  partnership's,  corporation's, firm's, society's or the emer-
gency health care provider's liability for his, her or  its  own  negli-
gence, gross negligence or intentional misconduct.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10175-01-3
              

A. 7041                             2

  S  2.  Paragraph  (a) of subdivision 1 of section 3000-c of the public
health law, as amended by chapter 350 of the laws of 2001, is amended to
read as follows:
  (a)  "Eligible person, firm, organization, or other entity" means, (i)
an ambulance service or advanced life support first response service;  a
certified  first  responder,  emergency  medical technician, or advanced
emergency medical technician, who is employed by or an  enrolled  member
of  any  such  service;  (ii)  a children's overnight camp as defined in
subdivision one of section thirteen hundred ninety-two of this  chapter,
a  summer  day  camp  as  defined in subdivision two of section thirteen
hundred ninety-two of this chapter,  a  traveling  summer  day  camp  as
defined  in  subdivision three of section thirteen hundred ninety-two of
this chapter or a person employed by such a camp; [or] (iii)  any  other
person,  firm, organization or entity designated pursuant to regulations
of the commissioner in consultation with other appropriate agencies;  OR
(IV)  A  SCHOOL DISTRICT OR ANY PERSON EMPLOYED BY A SCHOOL DISTRICT WHO
IS DESIGNATED AS SUCH; and all subject to regulations of the commission-
er.
  S 3. Subdivision 3 of section 3000-c  of  the  public  health  law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  EVERY SCHOOL DISTRICT THAT DESIGNATES ANY PERSON OR PERSONS AS AN
ELIGIBLE PERSON SHALL IMMEDIATELY NOTIFY THE COMMISSIONER  OF  EDUCATION
AND  ENSURE  THAT ALL SUCH PERSONS IMMEDIATELY SUCCESSFULLY COMPLETE THE
TRAINING REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION.
  S 4. The public health law is amended by adding a new  section  3000-e
to read as follows:
  S  3000-E.  GLUCAGON EMERGENCY INJECTION KITS. 1. DEFINITIONS. AS USED
IN THIS SECTION:
  (A) "ELIGIBLE PERSON, FIRM, ORGANIZATION, OR OTHER ENTITY" MEANS,  (I)
AN  AMBULANCE SERVICE OR ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICE; A
CERTIFIED FIRST RESPONDER, EMERGENCY  MEDICAL  TECHNICIAN,  OR  ADVANCED
EMERGENCY  MEDICAL  TECHNICIAN, WHO IS EMPLOYED BY OR AN ENROLLED MEMBER
OF ANY SUCH SERVICE; (II) A CHILDREN'S  OVERNIGHT  CAMP  AS  DEFINED  IN
SUBDIVISION  ONE OF SECTION THIRTEEN HUNDRED NINETY-TWO OF THIS CHAPTER,
A SUMMER DAY CAMP AS DEFINED IN  SUBDIVISION  TWO  OF  SECTION  THIRTEEN
HUNDRED  NINETY-TWO  OF  THIS  CHAPTER,  A  TRAVELING SUMMER DAY CAMP AS
DEFINED IN SUBDIVISION THREE OF SECTION THIRTEEN HUNDRED  NINETY-TWO  OF
THIS  CHAPTER  OR  A  PERSON  EMPLOYED  BY  SUCH A CAMP; (III) ANY OTHER
PERSON, FIRM, ORGANIZATION OR ENTITY DESIGNATED PURSUANT TO  REGULATIONS
OF  THE COMMISSIONER IN CONSULTATION WITH OTHER APPROPRIATE AGENCIES; OR
(IV) A SCHOOL DISTRICT OR ANY PERSON EMPLOYED BY A SCHOOL  DISTRICT  WHO
IS DESIGNATED AS SUCH; AND ALL SUBJECT TO REGULATIONS OF THE COMMISSION-
ER.
  (B)  "EMERGENCY HEALTH CARE PROVIDER" MEANS (I) A PHYSICIAN WITH KNOW-
LEDGE AND EXPERIENCE IN THE DELIVERY OF EMERGENCY CARE; OR (II) A HOSPI-
TAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS  CHAPTER  THAT  PROVIDES
EMERGENCY CARE.
  2. COLLABORATIVE AGREEMENT. ANY ELIGIBLE PERSON, FIRM, ORGANIZATION OR
OTHER  ENTITY  MAY PURCHASE, ACQUIRE, POSSESS AND USE GLUCAGON FOR EMER-
GENCY INJECTION KITS PURSUANT TO A COLLABORATIVE AGREEMENT WITH AN EMER-
GENCY HEALTH CARE PROVIDER. THE COLLABORATIVE AGREEMENT SHALL INCLUDE  A
WRITTEN  AGREEMENT  THAT  INCORPORATES  WRITTEN  PRACTICE PROTOCOLS, AND
POLICIES AND PROCEDURES THAT SHALL ENSURE COMPLIANCE WITH THE PROVISIONS
OF THIS SECTION. THE PERSON, FIRM, ORGANIZATION OR ENTITY SHALL  FILE  A
COPY  OF THE COLLABORATIVE AGREEMENT WITH THE DEPARTMENT AND WITH APPRO-

A. 7041                             3

PRIATE REGIONAL COUNCIL  PRIOR  TO  USING  ANY  GLUCAGON  FOR  EMERGENCY
INJECTION KITS.
  3. POSSESSION AND USE OF GLUCAGON EMERGENCY INJECTION KITS. POSSESSION
AND  USE  OF  GLUCAGON  EMERGENCY  INJECTION  KITS  SHALL  BE LIMITED AS
FOLLOWS:
  (A) NO PERSON SHALL USE A GLUCAGON EMERGENCY INJECTION KIT UNLESS SUCH
PERSON SHALL HAVE SUCCESSFULLY COMPLETED A TRAINING COURSE IN THE USE OF
GLUCAGON EMERGENCY INJECTION KITS APPROVED BY THE COMMISSIONER  PURSUANT
TO  THE  RULES  OF  THE  DEPARTMENT. THIS SECTION SHALL NOT BE DEEMED TO
PROHIBIT THE USE OF A GLUCAGON EMERGENCY INJECTION KIT (I) BY  A  HEALTH
CARE  PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCA-
TION LAW ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE, OR  (II)  BY  A
PERSON ACTING PURSUANT TO A LAWFUL PRESCRIPTION.
  (B)  EVERY PERSON, FIRM, ORGANIZATION AND ENTITY AUTHORIZED TO POSSESS
AND USE GLUCAGON EMERGENCY INJECTION KITS PURSUANT TO THIS SECTION SHALL
USE, MAINTAIN AND DISPOSE OF SUCH KITS PURSUANT TO  REGULATIONS  OF  THE
DEPARTMENT.
  (C)  EVERY  USE OF A GLUCAGON EMERGENCY INJECTION KIT PURSUANT TO THIS
SECTION SHALL IMMEDIATELY BE  REPORTED  TO  THE  EMERGENCY  HEALTH  CARE
PROVIDER.
  (D)  EVERY SCHOOL DISTRICT THAT DESIGNATES ANY PERSON OR PERSONS AS AN
ELIGIBLE PERSON SHALL IMMEDIATELY NOTIFY THE COMMISSIONER  OF  EDUCATION
AND ENSURE THAT ALL PERSONS IMMEDIATELY SUCCESSFULLY COMPLETE THE TRAIN-
ING REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION.
  4.  APPLICATION  OF  OTHER  LAWS.  (A)  USE  OF  A  GLUCAGON EMERGENCY
INJECTION KIT PURSUANT TO THIS SECTION SHALL BE CONSIDERED FIRST AID  OR
EMERGENCY  TREATMENT  FOR THE PURPOSE OF ANY STATUTE RELATING TO LIABIL-
ITY.
  (B) PURCHASE, ACQUISITION, POSSESSION OR USE OF A  GLUCAGON  EMERGENCY
INJECTION KIT PURSUANT TO THIS SECTION SHALL NOT CONSTITUTE THE UNLAWFUL
PRACTICE  OF  A  PROFESSION  OR OTHER VIOLATION UNDER TITLE EIGHT OF THE
EDUCATION LAW OR ARTICLE THIRTY-THREE OF THIS CHAPTER.
  (C) ANY PERSON OTHERWISE AUTHORIZED TO SELL OR PROVIDE A GLUCAGON  FOR
EMERGENCY INJECTION KIT MAY SELL OR PROVIDE IT TO A PERSON AUTHORIZED TO
POSSESS IT PURSUANT TO THIS SECTION.
  S 5. This act shall take effect immediately.