S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1828
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 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 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 194 of the laws of 2021, 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;
 [(vi)] (V) forest rangers, park rangers and  environmental  conservation
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06693-01-3
              

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 police  officers;  [and (vii)] OR (VI) any other person or entity desig-
 nated or approved, or in a category designated or approved  pursuant  to
 regulations  of  the commissioner in consultation with other appropriate
 agencies.
   §  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, the addition, amend-
 A. 1828                             3
 
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.