S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1138
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to use of epinephrine
   auto-injector devices in schools and authorizing the use  of  glucagon
   for emergency injection kits

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 3000-a of the public  health  law,
 as  amended  by  chapter  373 of the laws of 2016, is amended to read as
 follows:
   2. (i) Any person or  entity  that  purchases,  operates,  facilitates
 implementation  or  makes available resuscitation equipment that facili-
 tates first aid, an automated external defibrillator [or],  an  epineph-
 rine  auto-injector  device  OR  A  GLUCAGON  EMERGENCY INJECTION KIT as
 required by or pursuant to law or local law, or that  conducts  training
 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)  a  health  care practitioner that prescribes,
 dispenses or provides an epinephrine auto-injector device under  section
 three  thousand-c  of  this  article,  OR (IV) THE EMERGENCY HEALTH CARE
 PROVIDER WITH A COLLABORATIVE AGREEMENT UNDER SECTION  THREE  THOUSAND-E
 OF  THIS  ARTICLE  WITH RESPECT TO USE OF A GLUCAGON EMERGENCY INJECTION
 KIT, shall not be liable for damages arising either from the use of that
 equipment by a person who voluntarily and without expectation  of  mone-
 tary  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 subdivision shall not limit
 the person's or entity's, 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03325-01-9

 A. 1138                             2
 
   § 2. Subdivision 3 of section 3000-c  of  the  public  health  law  is
 amended by adding a new paragraph (d) to read as follows:
   (D)  EVERY SCHOOL DISTRICT THAT DESIGNATES ANY PERSON OR PERSONS AS AN
 ELIGIBLE PERSON SHALL IMMEDIATELY NOTIFY THE COMMISSIONER  OF  EDUCATION
 AND  ENSURE  THAT ALL SUCH PERSONS IMMEDIATELY SUCCESSFULLY COMPLETE THE
 TRAINING REQUIRED BY PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION THREE
 THOUSAND-E OF THIS ARTICLE.
   § 3. The public health law is amended by adding a new  section  3000-e
 to read as follows:
   §  3000-E.  GLUCAGON EMERGENCY INJECTION KITS. 1. DEFINITIONS. AS USED
 IN THIS SECTION:
   (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; (III) ANY OTHER
 PERSON, FIRM, ORGANIZATION OR ENTITY DESIGNATED PURSUANT TO  REGULATIONS
 OF  THE COMMISSIONER IN CONSULTATION WITH OTHER APPROPRIATE AGENCIES; OR
 (IV) A SCHOOL DISTRICT OR ANY PERSON EMPLOYED BY A SCHOOL  DISTRICT  WHO
 IS DESIGNATED AS SUCH; AND ALL SUBJECT TO REGULATIONS OF THE COMMISSION-
 ER.
   (B)  "EMERGENCY HEALTH CARE PROVIDER" MEANS (I) A PHYSICIAN WITH KNOW-
 LEDGE AND EXPERIENCE IN THE DELIVERY OF EMERGENCY CARE; OR (II) A HOSPI-
 TAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS  CHAPTER  THAT  PROVIDES
 EMERGENCY CARE.
   2. COLLABORATIVE AGREEMENT. ANY ELIGIBLE PERSON, FIRM, ORGANIZATION OR
 OTHER  ENTITY  MAY PURCHASE, ACQUIRE, POSSESS AND USE GLUCAGON FOR EMER-
 GENCY INJECTION KITS PURSUANT TO A COLLABORATIVE AGREEMENT WITH AN EMER-
 GENCY HEALTH CARE PROVIDER. 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 APPRO-
 PRIATE REGIONAL COUNCIL  PRIOR  TO  USING  ANY  GLUCAGON  FOR  EMERGENCY
 INJECTION KITS.
   3. POSSESSION AND USE OF GLUCAGON EMERGENCY INJECTION KITS. POSSESSION
 AND  USE  OF  GLUCAGON  EMERGENCY  INJECTION  KITS  SHALL  BE LIMITED AS
 FOLLOWS:
   (A) NO PERSON SHALL USE A GLUCAGON EMERGENCY INJECTION KIT UNLESS SUCH
 PERSON SHALL HAVE SUCCESSFULLY COMPLETED A TRAINING COURSE IN THE USE OF
 GLUCAGON EMERGENCY INJECTION KITS APPROVED BY THE COMMISSIONER  PURSUANT
 TO  THE  RULES  OF  THE  DEPARTMENT. THIS SECTION SHALL NOT BE DEEMED TO
 PROHIBIT THE USE OF A GLUCAGON EMERGENCY INJECTION KIT (I) BY  A  HEALTH
 CARE  PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCA-
 TION 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 GLUCAGON EMERGENCY INJECTION KITS PURSUANT TO THIS SECTION SHALL
 USE, MAINTAIN AND DISPOSE OF SUCH KITS PURSUANT TO  REGULATIONS  OF  THE
 DEPARTMENT.

 A. 1138                             3
 
   (C)  EVERY  USE OF A GLUCAGON EMERGENCY INJECTION KIT PURSUANT TO THIS
 SECTION SHALL IMMEDIATELY BE  REPORTED  TO  THE  EMERGENCY  HEALTH  CARE
 PROVIDER.
   (D)  EVERY SCHOOL DISTRICT THAT DESIGNATES ANY PERSON OR PERSONS AS AN
 ELIGIBLE PERSON SHALL IMMEDIATELY NOTIFY THE COMMISSIONER  OF  EDUCATION
 AND ENSURE THAT ALL PERSONS IMMEDIATELY SUCCESSFULLY COMPLETE THE TRAIN-
 ING REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION.
   4.  APPLICATION  OF  OTHER  LAWS.  (A)  USE  OF  A  GLUCAGON EMERGENCY
 INJECTION KIT PURSUANT TO THIS SECTION SHALL BE CONSIDERED FIRST AID  OR
 EMERGENCY  TREATMENT  FOR THE PURPOSE OF ANY STATUTE RELATING TO LIABIL-
 ITY.
   (B) PURCHASE, ACQUISITION, POSSESSION OR USE OF A  GLUCAGON  EMERGENCY
 INJECTION KIT PURSUANT TO THIS SECTION SHALL NOT CONSTITUTE THE UNLAWFUL
 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 A GLUCAGON  FOR
 EMERGENCY INJECTION KIT MAY SELL OR PROVIDE IT TO A PERSON AUTHORIZED TO
 POSSESS IT PURSUANT TO THIS SECTION.
   § 4. This act shall take effect immediately.