S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1050
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, PERRY -- read once and referred to
   the Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring epineph-
   rine auto-injector devices at children's  overnight,  summer  day  and
   traveling summer camps
 
   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 200 of the laws of 2017, 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 employed by a
 contractor of such an entity while performing services for  the  entity;
 or  [(iv)]  (III) a sports, entertainment, amusement, education, govern-
 ment, 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)] OR (IV) any  other  person  or
 entity  designated  or approved, or in a category designated or approved
 pursuant to regulations of the commissioner in consultation  with  other
 appropriate agencies.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00948-01-9

 A. 1050                             2
 
   §  2.  The public health law is amended by adding a new section 1392-b
 to read as follows:
   § 1392-B. EPINEPHRINE AUTO-INJECTOR DEVICES REQUIRED. 1.  DEFINITIONS.
 AS  USED  IN  THIS SECTION, "EMERGENCY HEALTH CARE PROVIDER" MEANS (A) A
 PHYSICIAN WITH KNOWLEDGE AND EXPERIENCE IN  THE  DELIVERY  OF  EMERGENCY
 CARE;  OR  (B)  A  HOSPITAL  LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS
 CHAPTER THAT PROVIDES EMERGENCY CARE.
   2. COLLABORATIVE AGREEMENT. (A) EVERY PERSON, FIRM, LIMITED  LIABILITY
 COMPANY,  ASSOCIATION  AND CORPORATION WHICH OPERATES A CHILDREN'S OVER-
 NIGHT, SUMMER DAY AND TRAVELING SUMMER DAY  CAMP,  AS  DEFINED  IN  THIS
 ARTICLE,  SHALL  MAINTAIN  A  COLLABORATIVE  AGREEMENT WITH AN EMERGENCY
 HEALTH CARE PROVIDER AND SHALL HAVE ON THE PREMISES AN EPINEPHRINE AUTO-
 INJECTOR DEVICE.
   (B) THE COLLABORATIVE AGREEMENT REQUIRED PURSUANT TO PARAGRAPH (A)  OF
 THIS  SUBDIVISION  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,
 LIMITED  LIABILITY  COMPANY,  ORGANIZATION OR ENTITY OPERATING THE CHIL-
 DREN'S OVERNIGHT, SUMMER DAY AND TRAVELING SUMMER DAY CAMP 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) NO PERSON SHALL USE AN  EPINEPHRINE  AUTO-INJECTOR  DEVICE  UNLESS
 SUCH  PERSON  SHALL HAVE SUCCESSFULLY COMPLETED A TRAINING COURSE IN THE
 USE OF EPINEPHRINE AUTO-INJECTOR DEVICES APPROVED  BY  THE  COMMISSIONER
 PURSUANT  TO THE RULES OF THE DEPARTMENT. THIS SECTION DOES NOT PROHIBIT
 THE USE OF AN EPINEPHRINE AUTO-INJECTOR 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 PRESCRIPTION.
   (B)  EVERY 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.
   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  AUTHORIZED  TO
 POSSESS IT PURSUANT TO THIS SECTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law. Effective immediately, any rules and regu-
 lations necessary to implement the provisions of this act on its  effec-
 tive  date  are  authorized  and  directed  to  be added, amended and/or
 repealed on or before such date.