S T A T E   O F   N E W   Y O R K
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                                  9357

                          I N  A S S E M B L Y

                            February 25, 2016
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Health

AN  ACT  to  amend  the  public  health  law,  in relation to the use of
  epinephrine auto-injector devices

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

  Section  1. Section 3000-c of the public health law, as added by chap-
ter 578 of the laws of 1999, paragraph (a) of subdivision 1  as  amended
by chapter 424 of the laws of 2014, is amended to read as follows:
  S  3000-c.  Epinephrine auto-injector devices. 1. Definitions. As used
in this section:
  (a) "Eligible  person[,  firm,  organization,  or  other]  OR  entity"
means[,]  (i)  an  ambulance  service  or  advanced  life  support first
response service; a certified first responder, emergency medical techni-
cian, 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) A school
[districts, boards] DISTRICT, BOARD of cooperative educational services,
county  vocational  education  and  extension  [boards]  BOARD,  charter
[schools]  SCHOOL,  and  non-public  elementary  and secondary [schools]
SCHOOL in this state or any person employed by any such entity; or  (iv)
A  SPORTS,  ENTERTAINMENT, AMUSEMENT, EDUCATION, GOVERNMENT, DAY CARE OR
RETAIL FACILITY;  AN  EDUCATIONAL  INSTITUTION,  YOUTH  ORGANIZATION  OR
SPORTS  LEAGUE;  AN ESTABLISHMENT THAT SERVES FOOD; OR A PERSON EMPLOYED
BY SUCH ENTITY; AND (V) any other person[, firm, organization] or entity
designated OR APPROVED, OR IN A CATEGORY DESIGNATED OR APPROVED pursuant
to regulations of the commissioner in consultation with other  appropri-
ate agencies[; and all subject to regulations of the commissioner].
  (b) ["Emergency health care provider" means (i) a physician with know-
ledge and experience in the delivery of emergency care; or (ii) a hospi-

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

                                                           LBD14085-04-6

A. 9357                             2

tal  licensed  under  article twenty-eight of this chapter that provides
emergency care.] "EPINEPHRINE AUTO-INJECTOR DEVICE" MEANS  A  SINGLE-USE
DEVICE  USED  FOR  THE  AUTOMATIC  INJECTION  OF  A  PREMEASURED DOSE OF
EPINEPHRINE  INTO  THE HUMAN BODY FOR THE PURPOSE OF EMERGENCY TREATMENT
OF A PERSON APPEARING TO EXPERIENCE ANAPHYLACTIC  SYMPTOMS  APPROVED  BY
THE FOOD AND DRUG ADMINISTRATION.
  (C)  "HEALTH  CARE  PRACTITIONER"  MEANS  A  HEALTH  CARE PRACTITIONER
LICENSED, CERTIFIED, OR AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF  THE
EDUCATION  LAW WHO IS AUTHORIZED THEREBY TO ADMINISTER DRUGS, AND WHO IS
ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE.
  2. [Collaborative agreement.] POSSESSION AND  USE.  (A)  Any  eligible
person[,  firm,  organization]  or [other] entity may purchase, acquire,
possess and use epinephrine auto-injector devices [pursuant to a  colla-
borative agreement with an emergency health care provider] FOR EMERGENCY
TREATMENT  OF  A  PERSON  APPEARING TO EXPERIENCE ANAPHYLACTIC SYMPTOMS,
UNDER THIS SECTION.
  (B) AN ELIGIBLE PERSON OR ENTITY SHALL DESIGNATE ONE OR MORE  INDIVID-
UALS  WHO  HAVE COMPLETED THE TRAINING REQUIRED BY PARAGRAPH (C) OF THIS
SUBDIVISION TO BE RESPONSIBLE FOR THE STORAGE, MAINTENANCE, CONTROL, AND
GENERAL OVERSIGHT OF THE  EPINEPHRINE  AUTO-INJECTORS  ACQUIRED  BY  THE
ELIGIBLE  PERSON OR ENTITY. [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  the
appropriate  regional council prior to using any epinephrine auto-injec-
tor device.
  3. Possession and use of epinephrine auto-injector devices. Possession
and use  of  epinephrine  auto-injector  devices  shall  be  limited  as
follows:]
  [(a)]  (C) [No person shall] NO ONE MAY use an epinephrine auto-injec-
tor device [unless such person shall have]  ON  BEHALF  OF  AN  ELIGIBLE
PERSON  OR ENTITY UNLESS HE OR SHE HAS successfully completed a training
course in the use of epinephrine auto-injector devices  CONDUCTED  BY  A
NATIONALLY RECOGNIZED ORGANIZATION EXPERIENCED IN TRAINING LAYPERSONS IN
EMERGENCY HEALTH TREATMENT OR BY AN ENTITY OR INDIVIDUAL approved by the
commissioner  [pursuant  to the rules of the department], OR IS DIRECTED
IN A SPECIFIC INSTANCE TO USE AN EPINEPHRINE AUTO-INJECTOR DEVICE  BY  A
HEALTH  CARE PRACTITIONER. THE TRAINING REQUIRED BY THIS PARAGRAPH SHALL
INCLUDE (I) HOW TO RECOGNIZE  SIGNS  AND  SYMPTOMS  OF  SEVERE  ALLERGIC
REACTIONS, INCLUDING ANAPHYLAXIS; (II) RECOMMENDED DOSAGE FOR ADULTS AND
CHILDREN;  (III)  STANDARDS  AND PROCEDURES FOR THE STORAGE AND ADMINIS-
TRATION OF AN EPINEPHRINE AUTO-INJECTOR; AND  (IV)  EMERGENCY  FOLLOW-UP
PROCEDURES.
  (D)  This section does not prohibit the use of an epinephrine auto-in-
jector device (i) by a health care practitioner [licensed  or  certified
under title eight of the education law acting within the scope of his or
her  practice,] or (ii) by a person acting pursuant to a lawful PATIENT-
SPECIFIC prescription.
  [(b)] (E) Every  ELIGIBLE  person[,  firm,  organization]  and  entity
authorized to possess and use epinephrine auto-injector devices pursuant
to this section shall use, maintain and dispose of such devices pursuant
to regulations of the department.
  [(c) Every use of an epinephrine auto-injector device pursuant to this
section  shall  immediately  be  reported  to  the emergency health care
provider.]

A. 9357                             3

  (F) NOTHING IN THIS SECTION SHALL REQUIRE ANY ELIGIBLE PERSON OR ENTI-
TY TO ACQUIRE, POSSESS, STORE, MAKE AVAILABLE, OR ADMINISTER AN EPINEPH-
RINE AUTO-INJECTOR.
  3.  PRESCRIPTIONS. (A) A HEALTH CARE PRACTITIONER WHO IS AUTHORIZED TO
PRESCRIBE DRUGS MAY PRESCRIBE, DISPENSE OR PROVIDE AN EPINEPHRINE  AUTO-
INJECTOR  DEVICE  TO  OR  FOR  AN ELIGIBLE PERSON OR ENTITY BY A NON-PA-
TIENT-SPECIFIC PRESCRIPTION.
  (B) A PHARMACIST MAY DISPENSE AN EPINEPHRINE AUTO-INJECTOR PURSUANT TO
A NON-PATIENT-SPECIFIC PRESCRIPTION UNDER THIS SUBDIVISION.
  (C) THIS SUBDIVISION DOES NOT LIMIT ANY OTHER AUTHORITY A HEALTH  CARE
PRACTITIONER OR PHARMACIST HAS TO PRESCRIBE, DISPENSE, PROVIDE OR ADMIN-
ISTER AN EPINEPHRINE AUTO-INJECTOR DEVICE.
  4.  Application of other laws. (a) Use of an epinephrine auto-injector
device pursuant to this section shall be considered first aid  or  emer-
gency treatment for the purpose of any statute relating to liability.
  (b)  Purchase,  acquisition, possession or use of an epinephrine auto-
injector device pursuant to this section shall not constitute the unlaw-
ful 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 an  epinephrine
auto-injector  device  may  sell  or  provide  it  to a person OR ENTITY
authorized to possess it pursuant to this section.
  S 2. 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
automated external defibrillator or an epinephrine auto-injector  device
as  required by or pursuant to law or local law, OR THAT CONDUCTS TRAIN-
ING UNDER SECTION THREE THOUSAND-C OF THIS ARTICLE, or (ii) an emergency
health care provider under a collaborative agreement pursuant to section
three thousand-b of this article with respect to an  automated  external
defibrillator,  or  (iii)  [the  emergency  health  care provider with a
collaborative agreement] A HEALTH  CARE  PRACTITIONER  THAT  PRESCRIBES,
DISPENSES  OR PROVIDES AN EPINEPHRINE AUTO-INJECTOR DEVICE under section
three thousand-c of this article [with respect to use of an  epinephrine
auto-injector  device],  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 equipment; provided that this subdivi-
sion shall not limit the person's or  entity's,  [partnership's,  corpo-
ration's, firm's, society's or] the emergency health care provider's, OR
OTHER  HEALTH  CARE  PRACTITIONER'S  liability  for  his, her or its own
negligence, gross negligence or intentional misconduct.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that,  effective  immediately,  the
commissioner  of  health  shall  make regulations and take other actions
necessary to implement this act on such effective date.