S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9964
 
                           I N  A S S E M B L Y
 
                               March 3, 2020
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to epinephrine injec-
   tor devices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3000-c of the public  health  law,  as  amended  by
 chapter  373  of  the  laws  of  2016, paragraph (a) of subdivision 1 as
 amended by chapter 633 of the laws  of  2019,  is  amended  to  read  as
 follows:
   §  3000-c.  Epinephrine  [auto-injector]  INJECTOR  devices.  1. Defi-
 nitions. As used in this section:
   (a) "Eligible person or entity" means: (i)  an  ambulance  service  or
 advanced  life support first response service; a certified first respon-
 der, firefighter in a city, town or village having a population of  less
 than  one  million,  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 subdivi-
 sion three of section thirteen hundred ninety-two of this chapter  or  a
 person  employed by such a camp; (iii) a school district, board of coop-
 erative 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;
 (iv) a sports, entertainment, amusement, education, government, 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; (v) a police officer or peace officer in a city, town or
 village having a population of less than one million; and (vi) any other
 person  or entity designated or approved, or in a category designated or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15543-01-0

 A. 9964                             2
 
 approved pursuant to regulations of  the  commissioner  in  consultation
 with other appropriate agencies.
   (b)  "Epinephrine  [auto-injector] INJECTOR device" means a single-use
 device used for the [automatic]  injection  of  a  premeasured  dose  of
 epinephrine  into  the human body for the purpose of emergency treatment
 of a person appearing to experience anaphylactic  symptoms  approved  by
 the food and drug administration.
   (c)  "Health  care  practitioner"  means  a  health  care practitioner
 licensed, certified, or authorized to practice under title eight of  the
 education  law who is authorized thereby to administer drugs, and who is
 acting within the scope of his or her practice.
   2. Possession and use. (a) Any eligible person or entity may purchase,
 acquire, possess and use epinephrine  [auto-injector]  INJECTOR  devices
 for emergency treatment of a person appearing to experience anaphylactic
 symptoms, under this section.
   (b)  An eligible person or entity shall designate one or more individ-
 uals who have completed the training required by paragraph (c)  of  this
 subdivision to be responsible for the storage, maintenance, control, and
 general  oversight of the epinephrine [auto-injectors] INJECTOR acquired
 by the eligible person or entity.
   (c) No one may use an epinephrine [auto-injector] INJECTOR  device  on
 behalf of an eligible person or entity unless he or she has successfully
 completed  a  training  course in the use of epinephrine [auto-injector]
 INJECTOR devices conducted by a nationally recognized organization expe-
 rienced in training laypersons in emergency health treatment  or  by  an
 entity  or  individual approved by the commissioner, or is directed in a
 specific instance to use an epinephrine [auto-injector] INJECTOR  device
 by  a  health care practitioner. The training required by this paragraph
 shall include (i) how to recognize signs and symptoms of severe allergic
 reactions, including anaphylaxis; (ii) recommended dosage for adults and
 children; (iii) standards and procedures for the  storage  and  adminis-
 tration  of  an epinephrine [auto-injector] INJECTOR; and (iv) emergency
 follow-up procedures.
   (d) This section does not prohibit the use of an epinephrine [auto-in-
 jector] INJECTOR device (i) by a health care practitioner or (ii)  by  a
 person acting pursuant to a lawful patient-specific prescription.
   (e)  Every  eligible  person  and entity authorized to possess and use
 epinephrine [auto-injector] INJECTOR devices pursuant  to  this  section
 shall  use, maintain and dispose of such devices pursuant to regulations
 of the department.
   (f) Nothing in this section shall require any eligible person or enti-
 ty to acquire, possess, store, make available, or administer an epineph-
 rine [auto-injector] INJECTOR.
   3. Prescriptions. (a) A health care practitioner who is authorized  to
 prescribe drugs may prescribe, dispense or provide an epinephrine [auto-
 injector]  INJECTOR  device  to or for an eligible person or entity by a
 non-patient-specific prescription.
   (b) A pharmacist may dispense an epinephrine [auto-injector]  INJECTOR
 pursuant to a non-patient-specific prescription under this subdivision.
   (c)  This subdivision does not limit any other authority a health care
 practitioner or pharmacist has to prescribe, dispense, provide or admin-
 ister an epinephrine [auto-injector] INJECTOR device.
   4. Application of other laws. (a) Use of an  epinephrine  [auto-injec-
 tor]  INJECTOR device pursuant to this section shall be considered first
 aid or emergency treatment for the purpose of any  statute  relating  to
 liability.

 A. 9964                             3
 
   (b)  Purchase, acquisition, possession or use of an epinephrine [auto-
 injector] INJECTOR device 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 an epinephrine
 [auto-injector] INJECTOR device may sell or provide it to  a  person  or
 entity authorized to possess it pursuant to this section.
   § 2. This act shall take effect immediately.