NY State Senate Bill 2015-S38

Senate Bill S38

2015-2016 Legislative Session

Requires the presence of epinephrine auto-injector devices on pre-school premises and on restaurant premises

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health
Jan 07, 2015	referred to health

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2015-S38 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3000-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5019
2017-2018: S280
2019-2020: S4310
2021-2022: S723
2023-2024: S3229

2015-S38 (ACTIVE) - Summary

Requires the presence of epinephrine auto-injector devices on pre-school premises and on restaurant premises.

2015-S38 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S38

 TITLE OF BILL :  An act to amend the public health law, in relation
to requiring the presence of epinephrine auto-injector devices on
pre-school premises and on restaurant premises

 PURPOSE :  To require epinephrine auto-injectors (Epi-Pen) devices at
pre-schools and restaurants.

 SUMMARY OF PROVISIONS :

Section One of the bill amends Paragraph (a) of subdivision 1 of
section 3000-c of the public health law, as amended by chapter 350 of
the laws of 2001 to add pre-schools and restaurants to the list of
entities authorized to keep Epi-Pens on premises.

 EXISTING LAW :  Currently, Epi-Pens are not required at pre-school
and restaurants.

 JUSTIFICATION :  According to the New York State Department of Health
(DOH), more than 2 million Americans suffer from anaphylaxis, a
severe, potentially life-threatening allergic reaction the main causes
of which are insect stings or ingesting food or medication to which an
individual is allergic. DOH notes that the allergic individual's best
chance of survival is an immediate injection of the medication
epinephrine to counteract the body's allergic response.

In 1999, Governor Pataki signed the Epinephrine Auto-Injector Device
Law, which allows specially trained staff in children's day,
overnight, and traveling camps to use an epinephrine auto-injector
device in life threatening emergencies. An epinephrine auto-injector
is an easy-to-use, pencil-like needle that injects a premeasured dose
of epinephrine into someone having an anaphylactic reaction.

According to the National Center for Health Statistics, from 1997 to
2007, the prevalence of reported food allergies increased 18% among
children under age 18 years. According ton "Increasing anaphylaxis
hospitalizations in the first 2 decades of life: New York State, 1990
-2006" published in the October 2008, Annals of Allergy, Asthma &
Immunology, "For patients younger than 20 years, the anaphylaxis
hospitalization rate increased by more than 4-fold during the study
period."

Give the increasing prevalence of Americans susceptible to severe food
allergies, it only makes sense to expand the potential availability of
epinephrine auto-injector devices to pre-school facilities and
restaurants, where individuals may inadvertently be exposed to foods
to which they have an anaphylactic reaction.

 LEGISLATIVE HISTORY :  S.5019 of 2013-2014 (Hoylman): Died in Health
A.7370 of 2013-2014 (Rosenthal): Died in Health

 FISCAL IMPLICATIONS : Minimal

 EFFECTIVE DATE :  This act shall take effect on the ninetieth day
after it shall become law.

2015-S38 (ACTIVE) - Bill Text download pdf

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

                                   38

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. HOYLMAN, MONTGOMERY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Health

AN  ACT  to  amend  the  public health law, in relation to requiring the
  presence of epinephrine auto-injector devices on  pre-school  premises
  and on restaurant premises

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

  Section 1. Paragraph (a) of subdivision 1 of  section  3000-c  of  the
public  health  law,  as  amended by chapter 424 of the laws of 2014, 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) school
districts, boards of cooperative educational services, county vocational
education and extension boards, charter schools, and non-public  elemen-
tary  and  secondary schools in this state or any person employed by any
such entity; or (iv) PRE-SCHOOL FACILITIES; OR (V) RESTAURANTS; OR  (VI)
any  other  person,  firm, organization or entity designated pursuant to
regulations of the commissioner in consultation with  other  appropriate
agencies; and all subject to regulations of the commissioner.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that if chapter 424 of the laws of
2014 shall not have taken effect on or before such date then section one
of this act shall take effect on the same date and in the same manner as
such chapter of the laws of 2014 takes effect.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01839-01-5

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Senate Bill S38

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Sponsored By

Brad Hoylman-Sigal