Legislation

§ 3000-c. Epinephrine 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
responder, 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
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;
(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; (v) a police officer or peace officer 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; (vi) forest rangers, park rangers and
environmental conservation police officers; and (vii) 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.

(b) "Epinephrine device" means an epinephrine delivery device or
product approved by the federal food and drug administration and used
for the automatic injection or administration of a premeasured dose of
epinephrine into the human body for the purpose of emergency treatment
of a person appearing to experience anaphylactic symptoms 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 such health care practitioner's practice.

2. Possession and use. (a) Any eligible person or entity may purchase,
acquire, possess and use epinephrine devices for emergency treatment of
a person appearing to experience anaphylactic symptoms, under this
section.

(b) An eligible person or entity shall designate one or more
individuals 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 epinephrine devices acquired by
the eligible person or entity.

(c) No one may use an epinephrine device on behalf of an eligible
person or entity unless they have successfully completed a training
course in the use of epinephrine devices conducted by a nationally
recognized organization experienced in training laypersons in emergency
health treatment or by an entity or individual approved by the
commissioner, or is directed in a specific instance to use an
epinephrine device by a health care practitioner. The training required
by this paragraph shall include (i) how to recognize signs and symptoms
of severe allergic reactions, including anaphylaxis; (ii) recommended
dosage for adults and children; (iii) standards and procedures for the
storage and administration of an epinephrine device; and (iv) emergency
follow-up procedures.

(d) This section does not prohibit the use of an epinephrine 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
epinephrine devices pursuant to this section shall use, maintain and
dispose of such devices pursuant to regulations of the department.

(f) Nothing in this section shall require any eligible person or
entity to acquire, possess, store, make available, or administer an
epinephrine device, except as provided for in subdivision five-e of
section two hundred twenty-five of this chapter.

3. Prescriptions. (a) A health care practitioner who is authorized to
prescribe drugs may prescribe, dispense or provide an epinephrine device
to or for an eligible person or entity by a non-patient-specific
prescription.

(b) A pharmacist may dispense an epinephrine device 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
administer an epinephrine device.

4. Application of other laws. (a) Use of an epinephrine device
pursuant 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 or entity authorized to
possess it pursuant to this section.