NY State Senate Bill 2021-S443

Senate Bill S443

2021-2022 Legislative Session

Requires epinephrine auto-injector devices at children's overnight, summer day and traveling summer camps

download bill text pdf

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
Jan 05, 2022	referred to health
Jan 06, 2021	referred to health

2021-S443 (ACTIVE) - Details

See Assembly Version of this Bill:: A552
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3000-c, add §1392-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9884
2011-2012: A1771
2013-2014: S5159, A262
2015-2016: S50, A606
2017-2018: S264, A681
2019-2020: S1480, A1050
2023-2024: S2555, A1828

2021-S443 (ACTIVE) - Summary

Requires epinephrine auto-injector devices at children's overnight, summer day and traveling summer day camps.

2021-S443 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S443

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring epineph-
rine auto-injector devices at children's overnight, summer day and trav-
eling summer camps

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will require children's overnight, summer day and traveling
summer camps to stock epinephrine auto-injector devices.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph (a) of subdivision 1 of section 3000-c of
the public health law, as amended by chapter 350 of the laws of 2001 to
delete references to children's summer day camps.

Section two amends the public health law by adding a new section 1392-b

that defines "emergency health care provider." The section requires that
all entities operating children's summer camps must maintain a collabo-
rative agreement with an emergency health care provide and keep epineph-
rine auto-injectors on the premises. This section outlines the require-
ments for this collaborative agreement.  Regulations regarding
possession and use of epinephrine auto-injector devices are laid out.
Use of such devices is considered first aid or emergency treatment for
the purpose of any statute relating to liability.

Section three sets out the effective date.

 
JUSTIFICATION:

Over the last 10 years, allergies have reached epidemic proportions.
More than 2 million Americans suffer from anaphylaxis. The main causes
are insect stings or ingesting food or medication to which someone is
allergic. Children can face anaphylactic reactions including hives,
swellings, difficulty breathing, coma and death.  Unless they are given
immediate attention for anaphylactic shock, usually in the form of
epinephrine, children can die.

Epinephrine auto-injectors are used to treat anaphylactic shock and
their availability in a given situation may be a matter of life and
death. They are commonly prescribed to and carried by persons with
severe allergies because they can be self-administered and are fast-act-
ing. Epinephrine is a form of adrenaline and is an effective treatment
for an anaphylactic reaction. It works rapidly, reducing the swelling in
the chest and airways to ease breathing. In most cases, epinephrine
fully prevents or reverses an anaphylactic reaction, Governor Pataki
signed the Epinephrine Auto-Injector Device Law in 1999. This law
permits the possession and use of epinephrine auto-injectors by non-cer-
tified and non-licensed personnel (including specially trained staff in
children's day, overnight, and traveling camps), as well as health care
providers certified at the level that would normally allow for adminis-
tration of medication. This law's intent was to'encourage greater acqui-
sition and use of epinephrine auto-injectors in order to reduce the
number of deaths associated with anaphylaxis.

However, children's summer camps currently have only the option of
carrying epinephrine auto-injectors. It is not required that they do so.
At the same time, children who participate in summer camp activities are
exposed to foods and outdoor situations that may be new to them and that
may potentially lead to life-threatening events (such as bee stings or
food allergies) and therefore to anaphylaxis.  This bill would require
summer camps to have epinephrine auto-injectors available in the event
of such an emergency.

 
PRIOR LEGISLATIVE HISTORY:

S.1480 of 2019-2020 (Hoylman): Died in Health

A.1050 of 2019-2020 (Rosenthl L): Died in Health

S.0264 of 2017-2018 (Hoylman): Died in Health

A.0681 of 2017-2018 (Rosenthal): Died in Health

S.0050 of 2015-2016 (Hoylman): Died in Health

A.0606 of 2015-2016 (Rosenthal): Died in Health

5.5159 of 2013-2014 (Hoylman): Died in Health

A.0262 of 2013-2014 (Rosenthal): Died in Health

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided that any rules and regulations neces-
sary to implement the provisions of this act on its effective date are
authorized and directed to be added, amended and/or repealed on or
before such date.

2021-S443 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    443
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 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 633 of the laws of 2019, 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, 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)]  (III) a sports, entertainment, amusement, education, government,
 day care or retail facility; an educational institution, youth organiza-
 tion or sports league; an establishment that serves food;  or  a  person
 employed by such entity; [(v)] (IV) a police officer or peace officer in
 a  city,  town  or village having a population of less than one million;
 [and (vi)] OR (V) 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.
                                                            LBD00511-01-1

 S. 443                              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  to  be added, amended and/or repealed on or
 before such date.

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