NY State Senate Bill 2017-S8671

Senate Bill S8671

2017-2018 Legislative Session

Relates to Gio's Law; requiring members of all emergency service providers to be trained in the administration of emergency anaphylaxis treatment and to carry emergency anaphylaxis treatment in their vehicles

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Archive: Last Bill Status - In Senate Committee Finance 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
May 10, 2018	referred to finance

co-Sponsors

2017-S8671 (ACTIVE) - Details

See Assembly Version of this Bill:: A11319
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §233, Exec L; add §663, County L; add §209-gg, Gen Muni L; add §3000-e, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S484, A3426

2017-S8671 (ACTIVE) - Summary

Relates to Gio's Law; requires members of all emergency service providers to be trained in the administration of emergency anaphylaxis treatment and to carry emergency anaphylaxis treatment in their vehicles.

2017-S8671 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8671

SPONSOR: HANNON
 
TITLE OF BILL:

An act to amend the executive law, the county law, the general municipal
law and the public health law, in relation to "Gio's Law"; requiring
members of police departments, sheriff's departments, fire departments
and emergency medical service providers to be trained in the adminis-
tration of emergency anaphylaxis treatment and to carry emergency
anaphylaxis treatment in their vehicles

 
PURPOSE:

To amend the Executive Law, the County Law, the General Municipal Law
and the Public Health Law, in relation to requiring first responders to
be trained in the administration of epinephrine through auto-injector,
and to require initial and biannual training in the use of such items.

 
SUMMARY OF PROVISIONS:

Section one names the bill "Gio's Law."

Section two of the bill amends the Executive Law by adding subsection
233 to provide that New York State Police carry epinephrine auto-injec-
tors in their vehicles while on duty and that they:

a) Complete an initial training course on epinephrine auto-injectors;

b) Complete a refresher training course at least every two years;

c) Contact the emergency medical system during any response to an inci-
dent of suspected anaphylaxis and advise if emergency anaphylaxis treat-
ment is being administered, and;

d) Comply with protocols for response to incidents of suspected anaphy-
laxis

Section three of the bill amends the County Law by adding section 663 to
provide that a through e of section I apply to sheriffs, under-sheriffs,
and deputy sheriffs.

Section four of the bill amends the Municipal law by adding section
209-gg to provide that a through e of section 1 apply to all members of
a police or fire department organized at the county, city, village,
town, or district level.

Section five of the bill amends the Public Health law by adding section
3000-e to provide that a through e of section 1 apply to anyone who
provides emergency medical service.

Section six of the bill establishes the effective date.

 
JUSTIFICATION:

Giovanni Cipriano, a resident of Lawrence, NY, was born with severe food
allergies. At the young age of 14, Giovanni suffered an anaphylactic
reaction and died.

In many areas, when a person dials 911, the first responders are often
police officers or other emergency responders not trained in the admin-
istration of emergency anaphylaxis treatment, nor do they even carry it.
Many teachers, school bus drivers and parents are trained to administer
this treatment, which highlights its importance; requiring first respon-
ders to receive training and carry this treatment will help prevent many
anaphylactic reactions.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Cost of initial training, auto-injectors and "refresher" training
programs every two years.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

2017-S8671 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8671
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, the county law, the general municipal
   law and the public health law, in relation to "Gio's  Law";  requiring
   members of police departments, sheriff's departments, fire departments
   and  emergency medical service providers to be trained in the adminis-
   tration of emergency anaphylaxis  treatment  and  to  carry  emergency
   anaphylaxis treatment in their vehicles
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Gio's Law".
   § 2. The executive law is amended by adding a new section 233 to  read
 as follows:
   § 233. EMERGENCY ANAPHYLAXIS TREATMENT TRAINING AND USE. 1. AS USED IN
 THIS  SECTION,  THE TERM "EMERGENCY ANAPHYLAXIS TREATMENT" SHALL MEAN AN
 EPINEPHRINE AUTO-INJECTOR DEVICE, AS SUCH TERM IS DEFINED  IN  PARAGRAPH
 (B)  OF SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH
 LAW, OR ANOTHER FORM OF EMERGENCY ANAPHYLAXIS TREATMENT APPROVED BY  THE
 COMMISSIONER OF HEALTH.
   2.  ALL MEMBERS OF THE STATE POLICE SHALL BE REQUIRED TO BE TRAINED IN
 THE ADMINISTRATION OF EMERGENCY ANAPHYLAXIS TREATMENT  AND  SHALL  CARRY
 EMERGENCY ANAPHYLAXIS TREATMENT IN THEIR VEHICLES WHEN ON DUTY.
   3. ALL MEMBERS OF THE STATE POLICE SHALL:
   (A)  COMPLETE  AN  INITIAL  TRAINING  PROGRAM ON EMERGENCY ANAPHYLAXIS
 TREATMENT;
   (B) COMPLETE A REFRESHER TRAINING PROGRAM AT LEAST EVERY TWO YEARS;
   (C) CONTACT THE EMERGENCY MEDICAL SYSTEM DURING  ANY  RESPONSE  TO  AN
 INCIDENT  OF  SUSPECTED  ANAPHYLAXIS AND ADVISE IF EMERGENCY ANAPHYLAXIS
 TREATMENT IS BEING USED; AND
   (D) COMPLY WITH PROTOCOLS  FOR  RESPONSE  TO  INCIDENTS  OF  SUSPECTED
 ANAPHYLAXIS.
   §  3. The county law is amended by adding a new section 663 to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13647-03-8

 S. 8671                             2
 
   § 663. EMERGENCY ANAPHYLAXIS TREATMENT TRAINING AND USE. 1. AS USED IN
 THIS SECTION, THE TERM "EMERGENCY ANAPHYLAXIS TREATMENT" SHALL  MEAN  AN
 EPINEPHRINE  AUTO-INJECTOR  DEVICE, AS SUCH TERM IS DEFINED IN PARAGRAPH
 (B) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC  HEALTH
 LAW,  OR ANOTHER FORM OF EMERGENCY ANAPHYLAXIS TREATMENT APPROVED BY THE
 COMMISSIONER OF HEALTH.
   2. ALL SHERIFFS, UNDERSHERIFFS, AND DEPUTY SHERIFFS SHALL BE  REQUIRED
 TO  BE  TRAINED IN THE ADMINISTRATION OF EMERGENCY ANAPHYLAXIS TREATMENT
 AND SHALL CARRY EMERGENCY ANAPHYLAXIS TREATMENT IN THEIR  VEHICLES  WHEN
 ON DUTY.
   3. ALL SHERIFFS, UNDERSHERIFFS AND DEPUTY SHERIFFS SHALL:
   (A)  COMPLETE  AN  INITIAL  TRAINING  PROGRAM ON EMERGENCY ANAPHYLAXIS
 TREATMENT;
   (B) COMPLETE A REFRESHER TRAINING PROGRAM AT LEAST EVERY TWO YEARS;
   (C) CONTACT THE EMERGENCY MEDICAL SYSTEM DURING  ANY  RESPONSE  TO  AN
 INCIDENT  OF  SUSPECTED  ANAPHYLAXIS AND ADVISE IF EMERGENCY ANAPHYLAXIS
 TREATMENT IS BEING USED; AND
   (D) COMPLY WITH PROTOCOLS  FOR  RESPONSE  TO  INCIDENTS  OF  SUSPECTED
 ANAPHYLAXIS.
   §  4.  The  general  municipal  law is amended by adding a new section
 209-gg to read as follows:
   § 209-GG. EMERGENCY ANAPHYLAXIS TREATMENT TRAINING AND USE. 1. AS USED
 IN THIS SECTION, THE TERM "EMERGENCY ANAPHYLAXIS TREATMENT"  SHALL  MEAN
 AN  EPINEPHRINE  AUTO-INJECTOR  DEVICE, AS SUCH TERM IS DEFINED IN PARA-
 GRAPH (B) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF  THE  PUBLIC
 HEALTH  LAW, OR ANOTHER FORM OF EMERGENCY ANAPHYLAXIS TREATMENT APPROVED
 BY THE COMMISSIONER OF HEALTH.
   2. ALL MEMBERS OF A POLICE OR FIRE DEPARTMENT ORGANIZED AT THE COUNTY,
 CITY, VILLAGE, TOWN, OR DISTRICT LEVEL SHALL BE REQUIRED TO  BE  TRAINED
 IN THE ADMINISTRATION OF EMERGENCY ANAPHYLAXIS TREATMENT AND SHALL CARRY
 EMERGENCY ANAPHYLAXIS TREATMENT IN THEIR VEHICLES WHEN ON DUTY.
   3. ALL MEMBERS OF A POLICE OR FIRE DEPARTMENT ORGANIZED AT THE COUNTY,
 CITY, VILLAGE, TOWN, OR DISTRICT LEVEL SHALL:
   (A)  COMPLETE  AN  INITIAL  TRAINING  PROGRAM ON EMERGENCY ANAPHYLAXIS
 TREATMENT;
   (B) COMPLETE A REFRESHER TRAINING PROGRAM AT LEAST EVERY TWO YEARS;
   (C) CONTACT THE EMERGENCY MEDICAL SYSTEM DURING  ANY  RESPONSE  TO  AN
 INCIDENT  OF  SUSPECTED  ANAPHYLAXIS AND ADVISE IF EMERGENCY ANAPHYLAXIS
 TREATMENT IS BEING USED; AND
   (D) COMPLY WITH PROTOCOLS  FOR  RESPONSE  TO  INCIDENTS  OF  SUSPECTED
 ANAPHYLAXIS.
   §  5.  The public health law is amended by adding a new section 3000-e
 to read as follows:
   § 3000-E. EMERGENCY ANAPHYLAXIS TREATMENT TRAINING AND USE. 1. AS USED
 IN THIS SECTION, THE TERM "EMERGENCY ANAPHYLAXIS TREATMENT"  SHALL  MEAN
 AN  EPINEPHRINE  AUTO-INJECTOR  DEVICE, AS SUCH TERM IS DEFINED IN PARA-
 GRAPH (B) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF  THIS  ARTI-
 CLE,  OR ANOTHER FORM OF EMERGENCY ANAPHYLAXIS TREATMENT APPROVED BY THE
 COMMISSIONER.
   2. ANYONE WHO PROVIDES EMERGENCY MEDICAL SERVICES SHALL BE REQUIRED TO
 BE TRAINED IN THE ADMINISTRATION OF EMERGENCY ANAPHYLAXIS TREATMENT  AND
 SHALL  CARRY  EMERGENCY  ANAPHYLAXIS  TREATMENT IN THEIR VEHICLE WHEN ON
 DUTY.
   3. ANYONE WHO PROVIDES EMERGENCY MEDICAL SERVICES SHALL:
   (A) COMPLETE AN INITIAL  TRAINING  PROGRAM  ON  EMERGENCY  ANAPHYLAXIS
 TREATMENT;

 S. 8671                             3
 
   (B) COMPLETE A REFRESHER TRAINING PROGRAM AT LEAST EVERY TWO YEARS;
   (C)  CONTACT  THE  EMERGENCY  MEDICAL SYSTEM DURING ANY RESPONSE TO AN
 INCIDENT OF SUSPECTED ANAPHYLAXIS AND ADVISE  IF  EMERGENCY  ANAPHYLAXIS
 TREATMENT IS BEING USED; AND
   (D)  COMPLY  WITH  PROTOCOLS  FOR  RESPONSE  TO INCIDENTS OF SUSPECTED
 ANAPHYLAXIS.
   § 6. This act shall take effect one year after it shall have become  a
 law.

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Senate Bill S8671

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Kemp Hannon