NY State Senate Bill 2023-S2043

Senate Bill S2043

2023-2024 Legislative Session

Authorizes certain persons to possess and administer epinephrine by use of an epinephrine auto-injector device upon completion of appropriate training; requires the department of health to establish a registry

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Jan 18, 2023	referred to health

co-Sponsors

2023-S2043 (ACTIVE) - Details

See Assembly Version of this Bill:: A10695
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3000-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8674
2025-2026: S1957

2023-S2043 (ACTIVE) - Summary

2023-S2043 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2043

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the public health law, in relation to authorizing
certain persons to possess and administer epinephrine by use of an
epinephrine auto-injector device upon completion of appropriate train-
ing, and to require the department of health to establish a registry of
the names of lay persons trained in the use of an epinephrine auto-in-
jector device

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes certain persons to possess and administer epinephrine by use
of an epinephrine auto-injector device upon completion of appropriate
training to respond in a good Samaritan role to someone suffering from a
severe allergic reaction.

 
SUMMARY OF SPECIFIC PROVISIONS:

§ 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
add those qualified to carry Epipens under this act to those already
authorized to do so.

§ 2. Section 3000-c of the public health law is amended by adding a new
subdivision 5 to read as follows:

5. The department shall establish and regularly update a registry of
persons currently trained to administer epinephrine by use of an
epinephrine auto-injector, device as provided in subparagraph (vii) of
paragraph (a) of subdivision one of this section. A person's name shall
be added to the registry upon request by the person and submission of
information as determined by the commissioner documenting the successful
completion by the person of the requisite training. A person whose name
appears on the registry may obtain a non-patient-specific prescription
for an epinephrine auto-injector device as provided in subdivision three
of this section from a healthcare practitioner or from the department.
The registry shall be maintained as an internal resource solely for the
department's use and shall not be disclosed to the general public.

 
JUSTIFICATION:

Epinephrine injectors, also known as "epipens" are used to reverse the
effects of severe allergic reactions, or anaphylaxis, from bee stings,
drug reactions, food allergies, or exercise-induced shock.  Over the
past several years, New York State has made great progress to equip law
enforcement with these potentially life-saving devices.  This measure
allows everyday citizens (with proper training) an opportunity to act as
good Samaritans in crisis.

 
PRIOR LEGISLATIVE HISTORY:

03/29/22: S.8674 REFERRED TO HEALTH

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2043 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2043
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by Sens. TEDISCO, JACKSON -- 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  authorizing
   certain  persons  to  possess  and administer epinephrine by use of an
   epinephrine auto-injector device upon completion of appropriate train-
   ing, and to require the department of health to establish  a  registry
   of the names of lay persons trained in the use of an epinephrine auto-
   injector device
 
   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) 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06461-01-3

 S. 2043                             2
 
 by such entity; (v) a police officer or peace officer in a city, town or
 village  having  a  population  of  less  than  one million; (vi) forest
 rangers, park rangers and environmental  conservation  police  officers;
 [and]  (vii)  ANY  PERSON WHO HAS VOLUNTARILY AND SUCCESSFULLY COMPLETED
 THE TRAINING DESCRIBED IN PARAGRAPH  (C)  OF  SUBDIVISION  TWO  OF  THIS
 SECTION;  AND  (VIII) 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.
   §  2.  Section  3000-c of the public health law is amended by adding a
 new subdivision 5 to read as follows:
   5. THE DEPARTMENT SHALL ESTABLISH AND REGULARLY UPDATE A  REGISTRY  OF
 PERSONS  CURRENTLY  TRAINED  TO  ADMINISTER  EPINEPHRINE  BY  USE  OF AN
 EPINEPHRINE AUTO-INJECTOR DEVICE AS PROVIDED IN  SUBPARAGRAPH  (VII)  OF
 PARAGRAPH  (A) OF SUBDIVISION ONE OF THIS SECTION. A PERSON'S NAME SHALL
 BE ADDED TO THE REGISTRY UPON REQUEST BY THE PERSON  AND  SUBMISSION  OF
 INFORMATION AS DETERMINED BY THE COMMISSIONER DOCUMENTING THE SUCCESSFUL
 COMPLETION  BY THE PERSON OF THE REQUISITE TRAINING. A PERSON WHOSE NAME
 APPEARS ON THE REGISTRY MAY OBTAIN A  NON-PATIENT-SPECIFIC  PRESCRIPTION
 FOR AN EPINEPHRINE AUTO-INJECTOR DEVICE AS PROVIDED IN SUBDIVISION THREE
 OF  THIS  SECTION FROM A HEALTHCARE PRACTITIONER OR FROM THE DEPARTMENT.
 THE REGISTRY SHALL BE MAINTAINED AS AN INTERNAL RESOURCE SOLELY FOR  THE
 DEPARTMENT'S USE AND SHALL NOT BE DISCLOSED TO THE GENERAL PUBLIC.
   § 3. This act shall take effect immediately.

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Senate Bill S2043

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Sponsored By

James Tedisco