NY State Senate Bill 2017-S280

Senate Bill S280

2017-2018 Legislative Session

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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health
Jan 04, 2017	referred to health

co-Sponsors

2017-S280 (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
2015-2016: S38
2019-2020: S4310
2021-2022: S723
2023-2024: S3229

2017-S280 (ACTIVE) - Summary

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

2017-S280 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S280

 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 to "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.38 of 2015-2016 (Hoylman): Died in Health
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.

2017-S280 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    280
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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 373 of the laws of 2016, is
 amended to read as follows:
   (a) "Eligible person or entity" means  (i)  an  ambulance  service  or
 advanced  life support first response service; a certified first respon-
 der, emergency medical technician, or advanced emergency medical techni-
 cian, 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) a school district, board  of  cooperative
 educational  services,  county vocational education and extension board,
 charter school, and non-public elementary and secondary 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 leag-
 ue;  an  establishment  that  serves  food; or a person employed by such
 entity; [and] (v) PRE-SCHOOL FACILITIES; (VI) RESTAURANTS; AND (VII) any
 other person or entity designated or approved, or in a  category  desig-
 nated or approved pursuant to regulations of the commissioner in consul-
 tation with other appropriate agencies.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05113-01-7

 S. 280                              2
 
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that if chapter 373 of the laws of
 2016 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 2016 takes effect.

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Senate Bill S280

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Sponsored By

Brad Hoylman-Sigal