STATE OF NEW YORK
________________________________________________________________________
8314
IN SENATE
April 30, 2018
___________
Introduced by Sen. ROBACH -- 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 expanding pharma-
cists' authority to dispense epinephrine auto-injectors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 3000-c of the
2 public health law, as amended by chapter 200 of the laws of 2017, is
3 amended to read as follows:
4 (a) "Eligible person or entity" means (i) an ambulance service or
5 advanced life support first response service; a certified first respon-
6 der, emergency medical technician, or advanced emergency medical techni-
7 cian, who is employed by or an enrolled member of any such service; (ii)
8 a children's overnight camp as defined in subdivision one of section
9 thirteen hundred ninety-two of this chapter, a summer day camp as
10 defined in subdivision two of section thirteen hundred ninety-two of
11 this chapter, a traveling summer day camp as defined in subdivision
12 three of section thirteen hundred ninety-two of this chapter or a person
13 employed by such a camp; (iii) a school district, board of cooperative
14 educational services, county vocational education and extension board,
15 charter school, and non-public elementary and secondary school in this
16 state or any person employed by any such entity, or employed by a
17 contractor of such an entity while performing services for the entity;
18 or (iv) a sports, entertainment, amusement, education, government, day
19 care or retail facility; an educational institution, youth organization
20 or sports league; an establishment that serves food; or a person
21 employed by such entity; and (v) any other entity that may be a venue in
22 which an allergic reaction may occur, or any other person or entity
23 designated or approved, or in a category designated or approved pursuant
24 to regulations of the commissioner in consultation with other appropri-
25 ate agencies.
26 § 2. Paragraph (b) of subdivision 3 of section 3000-c of the public
27 health law, as added by chapter 373 of the laws of 2016, is amended to
28 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15605-01-8
S. 8314 2
1 (b) A pharmacist may dispense or distribute, directly or indirectly,
2 an epinephrine auto-injector pursuant to a patient-specific or non-pa-
3 tient-specific prescription under this subdivision, to or for an eligi-
4 ble person or entity.
5 § 3. This act shall take effect immediately.