S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    184
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring epineph-
   rine 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 472 of the laws of 2024, 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 county, city, town or village having a  population
 of  less  than  two  million  provided such county is not wholly located
 within a city with a population of  more  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  chil-
 dren'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; [(iv)] (III) 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)] (IV) a police officer or peace officer in a coun-
 ty, city, town or village having a population of less than  two  million
 provided  such  county  is not wholly located within a city with a popu-
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00948-01-5
 A. 184                              2
 
 lation of more than one million; [(vi)] (V) forest rangers, park rangers
 and environmental conservation police officers; [and (vii)] OR (VI)  any
 other  person  or entity designated or approved, or in a category desig-
 nated or approved pursuant to regulations of the commissioner in consul-
 tation 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 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
 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 DEVICE.
   3.  POSSESSION  AND  USE OF EPINEPHRINE DEVICES. POSSESSION AND USE OF
 EPINEPHRINE DEVICES SHALL BE LIMITED AS FOLLOWS:
   (A) NO PERSON SHALL USE AN EPINEPHRINE DEVICE UNLESS SUCH PERSON SHALL
 HAVE SUCCESSFULLY COMPLETED A TRAINING COURSE IN THE USE OF  EPINEPHRINE
 DEVICES  APPROVED  BY  THE  COMMISSIONER  PURSUANT  TO  THE RULES OF THE
 DEPARTMENT. THIS SECTION DOES NOT PROHIBIT THE  USE  OF  AN  EPINEPHRINE
 DEVICE  (I)  BY  A  HEALTH CARE PRACTITIONER LICENSED OR CERTIFIED UNDER
 TITLE EIGHT OF THE EDUCATION LAW ACTING WITHIN THE SCOPE OF SUCH PRACTI-
 TIONER'S 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 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 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 DEVICE PURSU-
 ANT TO THIS SECTION SHALL BE CONSIDERED FIRST AID OR EMERGENCY TREATMENT
 FOR THE PURPOSE OF ANY STATUTE RELATING TO LIABILITY.
   (B) PURCHASE, ACQUISITION, POSSESSION OR USE OF AN EPINEPHRINE  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
 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-
 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.