NY State Senate Bill 2019-S8038

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2020	referred to health

2019-S8038 (ACTIVE) - Details

See Assembly Version of this Bill:: A9964
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3000-c, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S2537, A3927

2019-S8038 (ACTIVE) - Summary

Relates to epinephrine injector devices.

2019-S8038 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8038

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to epinephrine injec-
tor devices

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will help increase access to epinephrine devices by
permitting the use of additional FDA-approved epinephrine delivery
devices including prefilled syringes.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends public health law section 3000-c to replace
"auto-injector" devices with "injector" devices in order to authorize
the use of additional FDA-approved epinephrine injector delivery
devices.

Section 2 is the effective date.

 
JUSTIFICATION:

Today, 1 in 50 Americans are at risk for anaphylaxis - a severe allergic
reaction that can lead to death. While New York has been a leader in
protecting those who suffer from severe allergic reactions by increasing
access to epinephrine in an emergency, by making it available in more
places and by authorizing its administration by more individuals - more
can and should be done.

In 2014, this section of the Public Health Law was amended to authorize
schools to stock and administer epinephrine in an emergency. In 2016,
this section was further amended to authorize facilities such as day
care centers, sports arenas and camps, to stock and administer this
life-saving medication in an emergency.  These changes are of importance
since severe allergic reactions can occur anywhere at any time. These
changes have helped save lives and better protect children and adults
with severe allergies.  While well intentioned, the current law limits
the types of epinephrine devices that may be used to auto-injector
devices. Over the years, this has led to shortages, limiting the avail-
ability to this life-saving medication, as well as astronomical price
increases for these auto-injector devices.

This legislation will help ensure patient access to affordable, life-
saving medication by authorizing the use of all epinephrine injector
devices approved by the Food and Drug Administration (FDA).  We need to
remove whatever barriers we can to ensure children and adults have
access to the life-saving medication they need. This bill does just that
by authorizing the use of all FDA-approved epinephrine injector devices
including prefilled syringes and future FDA-approved delivery systems.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8038 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8038
 
                             I N  S E N A T E
 
                              March 11, 2020
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee 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

 S. 8038                             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.

 S. 8038                             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.

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Senate Bill S8038

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2019-S8038 (ACTIVE) - Details

2019-S8038 (ACTIVE) - Summary

2019-S8038 (ACTIVE) - Sponsor Memo

2019-S8038 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8038

Share this bill

Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Health Committee

2019-S8038 (ACTIVE) - Details

2019-S8038 (ACTIVE) - Summary

2019-S8038 (ACTIVE) - Sponsor Memo

2019-S8038 (ACTIVE) - Bill Text download pdf

Comments