S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2440
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  REYES,  LUPARDO,  BARRON,  SEAWRIGHT, SIMON,
   DARLING, DAVILA, O'DONNELL -- read once and referred to the  Committee
   on Health
 
 AN  ACT  to  amend  the public health law, in relation to rescue inhaler
   treatment devices
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 3000-e to read as follows:
   § 3000-E. RESCUE INHALER TREATMENT DEVICES. 1. DEFINITIONS. 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, 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)  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; AND (V) ANY OTHER PERSON OR  ENTITY  DESIGNATED
 OR  APPROVED,  OR IN A CATEGORY DESIGNATED OR APPROVED PURSUANT TO REGU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00130-01-1
              

 A. 2440                             2
 
 LATIONS OF THE COMMISSIONER IN CONSULTATION WITH OTHER APPROPRIATE AGEN-
 CIES.
   (B)  "RESCUE  INHALER  TREATMENT  DEVICE"  MEANS A DEVICE USED FOR THE
 SELF-ADMINISTRATION OF INHALED RESCUE MEDICATIONS INTO  THE  HUMAN  BODY
 FOR  THE PURPOSE OF EMERGENCY TREATMENT OF A PERSON APPEARING TO EXPERI-
 ENCE AN ASTHMATIC OR OTHER RESPIRATORY DISEASE 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 RESCUE INHALER TREATMENT DEVICES FOR  EMERGENCY
 TREATMENT OF A PERSON APPEARING TO EXPERIENCE ASTHMATIC OR OTHER RESPIR-
 ATORY DISEASE 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 RESCUE INHALER TREATMENT DEVICES ACQUIRED BY
 THE ELIGIBLE PERSON OR ENTITY.
   (C) NO ONE MAY USE A RESCUE INHALER TREATMENT DEVICE ON BEHALF  OF  AN
 ELIGIBLE  PERSON OR ENTITY UNLESS HE OR SHE HAS SUCCESSFULLY COMPLETED A
 TRAINING COURSE IN THE USE OF RESCUE INHALER TREATMENT DEVICES CONDUCTED
 BY A NATIONALLY RECOGNIZED ORGANIZATION EXPERIENCED IN TRAINING  LAYPER-
 SONS  IN  EMERGENCY  HEALTH  TREATMENT  OR  BY  AN  ENTITY OR INDIVIDUAL
 APPROVED BY THE COMMISSIONER, OR IS DIRECTED IN A SPECIFIC  INSTANCE  TO
 USE A RESCUE INHALER TREATMENT DEVICE BY A HEALTH CARE PRACTITIONER. THE
 TRAINING  REQUIRED  BY THIS PARAGRAPH SHALL INCLUDE (I) HOW TO RECOGNIZE
 SIGNS AND SYMPTOMS OF SEVERE  ASTHMATIC  OR  OTHER  RESPIRATORY  DISEASE
 REACTIONS; (II) RECOMMENDED DOSAGE FOR ADULTS AND CHILDREN; (III) STAND-
 ARDS  AND  PROCEDURES  FOR  THE  STORAGE  AND ADMINISTRATION OF A RESCUE
 INHALER TREATMENT; AND (IV) EMERGENCY FOLLOW-UP PROCEDURES.
   (D) THIS SECTION DOES NOT PROHIBIT THE USE OF A RESCUE INHALER  TREAT-
 MENT 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
 RESCUE INHALER TREATMENT DEVICES PURSUANT TO THIS SECTION SHALL USE  AND
 MAINTAIN 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 A RESCUE
 INHALER TREATMENT.
   3. PRESCRIPTIONS. (A) A HEALTH CARE PRACTITIONER WHO IS AUTHORIZED  TO
 PRESCRIBE  DRUGS  MAY  PRESCRIBE,  DISPENSE  OR PROVIDE A RESCUE INHALER
 TREATMENT DEVICE TO OR FOR AN ELIGIBLE PERSON OR  ENTITY  BY  A  NON-PA-
 TIENT-SPECIFIC PRESCRIPTION.
   (B) A PHARMACIST MAY DISPENSE A RESCUE INHALER TREATMENT 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 A RESCUE INHALER TREATMENT DEVICE.
   4. APPLICATION OF OTHER LAWS. (A) USE OF A  RESCUE  INHALER  TREATMENT
 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  A  RESCUE  INHALER
 TREATMENT  DEVICE  PURSUANT  TO  THIS  SECTION  SHALL NOT CONSTITUTE THE

 A. 2440                             3
 
 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 RESCUE INHAL-
 ER TREATMENT DEVICE MAY SELL OR PROVIDE IT TO A PERSON OR ENTITY AUTHOR-
 IZED TO POSSESS IT PURSUANT TO THIS SECTION.
   § 2. This act shall take effect immediately.