STATE OF NEW YORK
________________________________________________________________________
1828
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to requiring epineph-
rine auto-injector 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:
1 Section 1. Paragraph (a) of subdivision 1 of section 3000-c of the
2 public health law, as amended by chapter 194 of the laws of 2021, 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, firefighter in a city, town or village having a population of less
7 than one million, emergency medical technician, or advanced emergency
8 medical technician, who is employed by or an enrolled member of any such
9 service; (ii) [a children's overnight camp as defined in subdivision one
10 of section thirteen hundred ninety-two of this chapter, a summer day
11 camp as defined in subdivision two of section thirteen hundred ninety-
12 two of this chapter, a traveling summer day camp as defined in subdivi-
13 sion three of section thirteen hundred ninety-two of this chapter or a
14 person employed by such a camp; (iii)] a school district, board of coop-
15 erative educational services, county vocational education and extension
16 board, charter school, and non-public elementary and secondary school in
17 this state or any person employed by any such entity, or employed by a
18 contractor of such an entity while performing services for the entity;
19 [(iv)] (iii) a sports, entertainment, amusement, education, government,
20 day care or retail facility; an educational institution, youth organiza-
21 tion or sports league; an establishment that serves food; or a person
22 employed by such entity; [(v)] (iv) a police officer or peace officer in
23 a city, town or village having a population of less than one million;
24 [(vi)] (v) forest rangers, park rangers and environmental conservation
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06693-01-3
A. 1828 2
1 police officers; [and (vii)] or (vi) any other person or entity desig-
2 nated or approved, or in a category designated or approved pursuant to
3 regulations of the commissioner in consultation with other appropriate
4 agencies.
5 § 2. The public health law is amended by adding a new section 1392-b
6 to read as follows:
7 § 1392-b. Epinephrine auto-injector devices required. 1. Definitions.
8 As used in this section, "emergency health care provider" means (a) a
9 physician with knowledge and experience in the delivery of emergency
10 care; or (b) a hospital licensed under article twenty-eight of this
11 chapter that provides emergency care.
12 2. Collaborative agreement. (a) Every person, firm, limited liability
13 company, association and corporation which operates a children's over-
14 night, summer day and traveling summer day camp, as defined in this
15 article, shall maintain a collaborative agreement with an emergency
16 health care provider and shall have on the premises an epinephrine auto-
17 injector device.
18 (b) The collaborative agreement required pursuant to paragraph (a) of
19 this subdivision shall include a written agreement that incorporates
20 written practice protocols, and policies and procedures that shall
21 ensure compliance with the provisions of this section. The person, firm,
22 limited liability company, organization or entity operating the chil-
23 dren's overnight, summer day and traveling summer day camp shall file a
24 copy of the collaborative agreement with the department and with the
25 appropriate regional council prior to using any epinephrine auto-injec-
26 tor device.
27 3. Possession and use of epinephrine auto-injector devices. Possession
28 and use of epinephrine auto-injector devices shall be limited as
29 follows:
30 (a) No person shall use an epinephrine auto-injector device unless
31 such person shall have successfully completed a training course in the
32 use of epinephrine auto-injector devices approved by the commissioner
33 pursuant to the rules of the department. This section does not prohibit
34 the use of an epinephrine auto-injector device (i) by a health care
35 practitioner licensed or certified under title eight of the education
36 law acting within the scope of his or her practice, or (ii) by a person
37 acting pursuant to a lawful prescription.
38 (b) Every person, firm, organization and entity authorized to possess
39 and use epinephrine auto-injector devices pursuant to this section shall
40 use, maintain and dispose of such devices pursuant to regulations of the
41 department.
42 (c) Every use of an epinephrine auto-injector device pursuant to this
43 section shall immediately be reported to the emergency health care
44 provider.
45 4. Application of other laws. (a) Use of an epinephrine auto-injector
46 device pursuant to this section shall be considered first aid or emer-
47 gency treatment for the purpose of any statute relating to liability.
48 (b) Purchase, acquisition, possession or use of an epinephrine auto-
49 injector device pursuant to this section shall not constitute the unlaw-
50 ful practice of a profession or other violation under title eight of the
51 education law or article thirty-three of this chapter.
52 (c) Any person otherwise authorized to sell or provide an epinephrine
53 auto-injector device may sell or provide it to a person authorized to
54 possess it pursuant to this section.
55 § 3. This act shall take effect on the one hundred eightieth day after
56 it shall have become a law. Effective immediately, the addition, amend-
A. 1828 3
1 ment and/or repeal of any rule or regulation necessary for the implemen-
2 tation of this act on its effective date are authorized to be made and
3 completed on or before such effective date.
