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A07791 Summary:

BILL NO    A07791 

SAME AS    No same as 

SPONSOR    Abinanti

COSPNSR    Mayer, Simanowitz, Titone, Raia, Nojay, Cahill, Goodell, Galef,
           DiPietro

MLTSPNSR   Arroyo, Clark, Hevesi, Jacobs, McDonough

Amd SS3000-c & 3000-a, Pub Health L

Authorizes school nurses to administer epinephrine auto-injectors in the event
of an emergency.
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A07791 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7791

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     June 4, 2013
                                      ___________

       Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
         tee on Health

       AN  ACT  to  amend  the  public  health  law, in relation to authorizing
         schools to possess and administer epinephrine auto-injectors in  emer-
         gency situations

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 3000-c of the public health law, as added by  chap-
    2  ter  578  of the laws of 1999, paragraph (a) of subdivision 1 as amended
    3  by chapter 350 of the laws of 2001, is amended to read as follows:
    4    S 3000-c. Epinephrine auto-injector devices. 1. Definitions.  As  used
    5  in this section:
    6    (a)  "Eligible person, firm, organization, or other entity" means, (i)
    7  an ambulance service or advanced life support first response service;  a
    8  certified  first  responder,  emergency  medical technician, or advanced
    9  emergency medical technician, who is employed by or an  enrolled  member
   10  of  any  such  service;  (ii)  a children's overnight camp as defined in
   11  subdivision one of section thirteen hundred ninety-two of this  chapter,
   12  a  summer  day  camp  as  defined in subdivision two of section thirteen
   13  hundred ninety-two of this chapter,  a  traveling  summer  day  camp  as
   14  defined  in  subdivision three of section thirteen hundred ninety-two of
   15  this chapter or a person employed  by  such  a  camp;  or  (iii)  SCHOOL
   16  DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL
   17  EDUCATION  AND  EXTENSION BOARDS, CHARTER SCHOOLS, OR A DULY HIRED NURSE
   18  OF ANY SUCH ENTITY; OR (IV) any  other  person,  firm,  organization  or
   19  entity designated pursuant to regulations of the commissioner in consul-
   20  tation  with  other appropriate agencies; and all subject to regulations
   21  of the commissioner.
   22    (b) "Emergency health care provider" means (i) a physician with  know-
   23  ledge and experience in the delivery of emergency care; or (ii) a hospi-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11334-02-3
       A. 7791                             2

    1  tal  licensed  under  article twenty-eight of this chapter that provides
    2  emergency care.
    3    2. Collaborative agreement. Any eligible person, firm, organization or
    4  other entity may purchase, acquire, possess and use epinephrine auto-in-
    5  jector  devices  pursuant to a collaborative agreement with an emergency
    6  health care provider. The collaborative agreement shall include a  writ-
    7  ten agreement that incorporates written practice protocols, and policies
    8  and  procedures that shall ensure compliance with the provisions of this
    9  section. The person, firm, organization or entity shall file a  copy  of
   10  the collaborative agreement with the department and with the appropriate
   11  regional council prior to using any epinephrine auto-injector device.
   12    3. Possession and use of epinephrine auto-injector devices. Possession
   13  and  use  of  epinephrine  auto-injector  devices  shall  be  limited as
   14  follows:
   15    (a) No person shall use an  epinephrine  auto-injector  device  unless
   16  such  person  shall have successfully completed a training course in the
   17  use of epinephrine auto-injector devices approved  by  the  commissioner
   18  pursuant  to the rules of the department. This section does not prohibit
   19  the use of an epinephrine auto-injector device  (i)  by  a  health  care
   20  practitioner  licensed  or  certified under title eight of the education
   21  law acting within the scope of his or her practice, or (ii) by a  person
   22  acting pursuant to a lawful prescription, OR (III) A SCHOOL NURSE ACTING
   23  IN ACCORDANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION.
   24    (b)  (I) A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
   25  COUNTY VOCATIONAL EDUCATIONAL AND EXTENSION BOARD,  CHARTER  SCHOOL,  OR
   26  SCHOOL NURSE MAY, WITH OR WITHOUT A COLLABORATIVE AGREEMENT, POSSESS AND
   27  MAINTAIN  EPINEPHRINE AUTO-INJECTORS ON SCHOOL PROPERTY. THE COMMISSION-
   28  ER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION, SHALL  DETERMINE
   29  THE  QUANTITY  AND  TYPE  OF  AUTO-INJECTORS THAT MAY BE POSSESSED. SUCH
   30  AUTO-INJECTORS SHALL BE STORED AND MAINTAINED IN A MANNER PRESCRIBED  BY
   31  THE COMMISSIONER.
   32    (II)  A  SCHOOL  NURSE,  OR  OTHER  PERSON  DESIGNATED  BY  THE SCHOOL
   33  DISTRICT, IS AUTHORIZED TO ADMINISTER AN  EPINEPHRINE  AUTO-INJECTOR  IN
   34  THE  EVENT  OF  AN  EMERGENCY,  WHETHER  OR  NOT  THE  PATIENT  HAS BEEN
   35  PRESCRIBED EPINEPHRINE.
   36    (C) Every person, firm, organization and entity authorized to  possess
   37  and use epinephrine auto-injector devices pursuant to this section shall
   38  use, maintain and dispose of such devices pursuant to regulations of the
   39  department.
   40    [(c)] (D) Every use of an epinephrine auto-injector device pursuant to
   41  this  section shall immediately be reported to the emergency health care
   42  provider.
   43    4. Application of other laws. (a) Use of an epinephrine  auto-injector
   44  device  pursuant  to this section shall be considered first aid or emer-
   45  gency treatment for the purpose of any statute relating to liability.
   46    (b) Purchase, acquisition, possession or use of an  epinephrine  auto-
   47  injector device pursuant to this section shall not constitute the unlaw-
   48  ful practice of a profession or other violation under title eight of the
   49  education law or article thirty-three of this chapter.
   50    (c)  Any person otherwise authorized to sell or provide an epinephrine
   51  auto-injector device may sell or provide it to a  person  authorized  to
   52  possess it pursuant to this section.
   53    S  2.  Subdivision  2  of  section 3000-a of the public health law, as
   54  amended by chapter 243 of the laws  of  2010,  is  amended  to  read  as
   55  follows:
       A. 7791                             3

    1    2.  (i)  Any  person who, or entity, partnership, corporation, firm or
    2  society that, purchases, operates, facilitates implementation  or  makes
    3  available  resuscitation  equipment that facilitates first aid, an auto-
    4  mated external defibrillator or an epinephrine auto-injector  device  as
    5  required by or pursuant to law or local law, or (ii) an emergency health
    6  care  provider under a collaborative agreement pursuant to section three
    7  thousand-b of this article with respect to an automated  external  defi-
    8  brillator, or (iii) the emergency health care provider with a collabora-
    9  tive  agreement  under  section  three  thousand-c  of this article with
   10  respect to use of an epinephrine auto-injector device, OR (IV) A  SCHOOL
   11  NURSE  OR  OTHER  PERSON DESIGNATED BY A SCHOOL DISTRICT UNDER PARAGRAPH
   12  (B) OF SUBDIVISION THREE OF SECTION THREE THOUSAND-C  OF  THIS  ARTICLE,
   13  shall  not  be  liable  for  damages arising either from the use of that
   14  equipment by a person who voluntarily and without expectation  of  mone-
   15  tary  compensation renders first aid or emergency treatment at the scene
   16  of an accident or medical emergency, or  from  the  use  of  defectively
   17  manufactured  equipment;  provided that this subdivision shall not limit
   18  the person's or entity's, partnership's, corporation's,  firm's,  socie-
   19  ty's  or  the emergency health care provider's liability for his, her or
   20  its own negligence, gross negligence or intentional misconduct.
   21    S 3. This act shall take effect on the one hundred twentieth day after
   22  it shall have become a law. Effective immediately, the  commissioner  of
   23  health,  in consultation with the commissioner of education, may promul-
   24  gate any rule or regulation necessary for the timely  implementation  of
   25  this act on its effective date.
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