Provides for the use of glucagon emergency injection kits by persons other than licensed health care professionals; provides for expanded use of epinephrine auto-injector devices in schools in emergency circumstances.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2153
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the public health law, in relation to use of epinephrine
auto-injector devices in schools and authorizing the use of glucagon for
emergency injection kits
PURPOSE:
This bill permits the use of glucagon emergency injection kits, in addi-
tion to epi-pens, by personnel trained in the use of these devices who
have a collaborative agreement with a physician or a hospital.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends Subdivision 2 of Section 3000-a of the public health
law.
Section two amends Section 3000-c of the public health law.
Section three adds a new Section 3000-e to the public health law.
Section four sets forth the effective date.
JUSTIFICATION:
For persons with diabetes, the availability of glucagon for emergency
injection kits can be a matter of life and death. Individuals with
diabetes receive a prescription for glucagon and are told by their
doctors to always carry it with them. Although persons with known cases
of diabetes carry glucagon on their person, they may sometimes find
themselves without it. Moreover, in rare instances persons with unknown
cases of diabetes may suffer hypoglycemia and need immediate glucagon to
prevent diabetic shock, which could lead to death.
In 1999 New York State adopted legislation to permit the use of epi-pens
(emergency injection kits for those suffering a severe allergic
reaction) by personnel trained in the use of the devices who have
collaboration agreement with a physician or hospital. Glucagon
injections are very similar to epi-pens in that they provide emergency
assistance to those suffering a potentially fatal health episode. This
legislation builds upon the 1999 statute by providing similar authori-
zation and Good Samaritan protections for the use of Glucagon emergency
injection kits.
This bill helps to ensure that life saving measures will be taken for
diabetics in need who are past the point of being able to help them-
selves. By adding glucagon for emergency injection kit to the good
Samaritan protections, any liability concerns that may hinder someone
from coming to the aid of an individual in need of a glucagon injection
are alleviated. This legislation helps make glucagon for emergency
injection kits available in settings such as summer camps and schools
while maintaining appropriate medical oversight and patient protections.
LEGISLATIVE HISTORY:
2023-24: A.1061- Referred to Health
2021-22: A.2312 - Referred to Health
2019-20: A.1138 - Referred to Health
2017-18: A.679 - Referred to Health
2015-16: A.197 - Referred to Health
2014-13: A.7041 - Referred to Health; S.4515 - Passed Senate
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This bill shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2153
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 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 use of epinephrine
auto-injector devices in schools and authorizing the use of glucagon
for emergency injection kits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 3000-a of the public health law,
2 as amended by chapter 373 of the laws of 2016, is amended to read as
3 follows:
4 2. (i) Any person or entity that purchases, operates, facilitates
5 implementation or makes available resuscitation equipment that facili-
6 tates first aid, an automated external defibrillator [or], an epineph-
7 rine auto-injector device or a glucagon emergency injection kit as
8 required by or pursuant to law or local law, or that conducts training
9 under section three thousand-c of this article, or (ii) an emergency
10 health care provider under a collaborative agreement pursuant to section
11 three thousand-b of this article with respect to an automated external
12 defibrillator, or (iii) a health care practitioner that prescribes,
13 dispenses or provides an epinephrine auto-injector device under section
14 three thousand-c of this article, or (iv) the emergency health care
15 provider with a collaborative agreement under section three thousand-g
16 of this article with respect to use of a glucagon emergency injection
17 kit, shall not be liable for damages arising either from the use of that
18 equipment by a person who voluntarily and without expectation of mone-
19 tary compensation renders first aid or emergency treatment at the scene
20 of an accident or medical emergency, or from the use of defectively
21 manufactured equipment; provided that this subdivision shall not limit
22 the person's or entity's, the emergency health care provider's, or other
23 health care practitioner's liability for [his] such person's or
24 entity's, [her] emergency health care provider's or [its] other health
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05795-01-5
A. 2153 2
1 care practitioner's own negligence, gross negligence or intentional
2 misconduct.
3 § 2. Subdivision 3 of section 3000-c of the public health law is
4 amended by adding a new paragraph (d) to read as follows:
5 (d) Every school district that designates any person or persons as an
6 eligible person shall immediately notify the commissioner of education
7 and ensure that all such persons immediately successfully complete the
8 training required by paragraph (a) of subdivision three of section three
9 thousand-g of this article.
10 § 3. The public health law is amended by adding a new section 3000-g
11 to read as follows:
12 § 3000-g. Glucagon emergency injection kits. 1. Definitions. As used
13 in this section:
14 (a) "Eligible person, firm, organization, or other entity" means, (i)
15 an ambulance service or advanced life support first response service; a
16 certified first responder, emergency medical technician, or advanced
17 emergency medical technician, who is employed by or an enrolled member
18 of any such service; (ii) a children's overnight camp as defined in
19 subdivision one of section thirteen hundred ninety-two of this chapter,
20 a summer day camp as defined in subdivision two of section thirteen
21 hundred ninety-two of this chapter, a traveling summer day camp as
22 defined in subdivision three of section thirteen hundred ninety-two of
23 this chapter or a person employed by such a camp; (iii) any other
24 person, firm, organization or entity designated pursuant to regulations
25 of the commissioner in consultation with other appropriate agencies; or
26 (iv) a school district or any person employed by a school district who
27 is designated as such; and all subject to regulations of the commission-
28 er.
29 (b) "Emergency health care provider" means (i) a physician with know-
30 ledge and experience in the delivery of emergency care; or (ii) a hospi-
31 tal licensed under article twenty-eight of this chapter that provides
32 emergency care.
33 2. Collaborative agreement. Any eligible person, firm, organization or
34 other entity may purchase, acquire, possess and use glucagon for emer-
35 gency injection kits pursuant to a collaborative agreement with an emer-
36 gency health care provider. The collaborative agreement shall include a
37 written agreement that incorporates written practice protocols, and
38 policies and procedures that shall ensure compliance with the provisions
39 of this section. The person, firm, organization or entity shall file a
40 copy of the collaborative agreement with the department and with appro-
41 priate regional council prior to using any glucagon for emergency
42 injection kits.
43 3. Possession and use of glucagon emergency injection kits. Possession
44 and use of glucagon emergency injection kits shall be limited as
45 follows:
46 (a) No person shall use a glucagon emergency injection kit unless such
47 person shall have successfully completed a training course in the use of
48 glucagon emergency injection kits approved by the commissioner pursuant
49 to the rules of the department. This section shall not be deemed to
50 prohibit the use of a glucagon emergency injection kit (i) by a health
51 care practitioner licensed or certified under title eight of the educa-
52 tion law acting within the scope of such health care practitioner's
53 practice, or (ii) by a person acting pursuant to a lawful prescription.
54 (b) Every person, firm, organization and entity authorized to possess
55 and use glucagon emergency injection kits pursuant to this section shall
A. 2153 3
1 use, maintain and dispose of such kits pursuant to regulations of the
2 department.
3 (c) Every use of a glucagon emergency injection kit pursuant to this
4 section shall immediately be reported to the emergency health care
5 provider.
6 (d) Every school district that designates any person or persons as an
7 eligible person shall immediately notify the commissioner of education
8 and ensure that all persons immediately successfully complete the train-
9 ing required by paragraph (a) of this subdivision.
10 4. Application of other laws. (a) Use of a glucagon emergency
11 injection kit pursuant to this section shall be considered first aid or
12 emergency treatment for the purpose of any statute relating to liabil-
13 ity.
14 (b) Purchase, acquisition, possession or use of a glucagon emergency
15 injection kit pursuant to this section shall not constitute the unlawful
16 practice of a profession or other violation under title eight of the
17 education law or article thirty-three of this chapter.
18 (c) Any person otherwise authorized to sell or provide a glucagon for
19 emergency injection kit may sell or provide it to a person authorized to
20 possess it pursuant to this section.
21 § 4. This act shall take effect immediately.
