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S06800 Summary:

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S06800 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6800
 
                    IN SENATE
 
                                    February 23, 2016
                                       ___________
 
        Introduced  by  Sen.  HANNON -- 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  the  use  of
          epinephrine auto-injector devices
 
          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 424 of the laws of 2014, is amended to read as follows:
     4    § 3000-c. Epinephrine auto-injector devices. 1. Definitions.  As  used
     5  in this section:
     6    (a)  "Eligible  person[,  firm,  organization,  or  other]  or entity"
     7  means[,] (i)  an  ambulance  service  or  advanced  life  support  first
     8  response service; a certified first responder, emergency medical techni-
     9  cian, or advanced emergency medical technician, who is employed by or an
    10  enrolled member of any such service; (ii) a children's overnight camp as
    11  defined  in  subdivision  one  of section thirteen hundred ninety-two of
    12  this chapter, a summer day camp as defined in subdivision two of section
    13  thirteen hundred ninety-two of this chapter, a traveling summer day camp
    14  as defined in subdivision three of section thirteen  hundred  ninety-two
    15  of this chapter or a person employed by such a camp; [or] (iii) a school
    16  [districts, boards] district, board of cooperative educational services,
    17  county  vocational  education  and  extension  [boards]  board,  charter
    18  [schools] school, and  non-public  elementary  and  secondary  [schools]
    19  school  in this state or any person employed by any such entity; or (iv)
    20  a sports, entertainment, amusement, education, government, day  care  or
    21  retail  facility;  an  educational  institution,  youth  organization or
    22  sports league; an establishment that serves food; or a  person  employed
    23  by such entity; and (v) any other person[, firm, organization] or entity
    24  designated or approved, or in a category designated or approved pursuant
    25  to  regulations of the commissioner in consultation with other appropri-
    26  ate agencies[; and all subject to regulations of the commissioner].
    27    (b) ["Emergency health care provider" means (i) a physician with know-
    28  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.
                                                                   LBD14085-04-6
        S. 6800                             2

     1  tal licensed under article twenty-eight of this  chapter  that  provides
     2  emergency  care.]  "Epinephrine auto-injector device" means a single-use
     3  device used for  the  automatic  injection  of  a  premeasured  dose  of
     4  epinephrine  into  the human body for the purpose of emergency treatment
     5  of a person appearing to experience anaphylactic  symptoms  approved  by
     6  the food and drug administration.
     7    (c)  "Health  care  practitioner"  means  a  health  care practitioner
     8  licensed, certified, or authorized to practice under title eight of  the
     9  education  law who is authorized thereby to administer drugs, and who is
    10  acting within the scope of his or her practice.
    11    2. [Collaborative agreement.] Possession and  use.  (a)  Any  eligible
    12  person[,  firm,  organization]  or [other] entity may purchase, acquire,
    13  possess and use epinephrine auto-injector devices [pursuant to a  colla-
    14  borative agreement with an emergency health care provider] for emergency
    15  treatment  of  a  person  appearing to experience anaphylactic symptoms,
    16  under this section.
    17    (b) An eligible person or entity shall designate one or more  individ-
    18  uals  who  have completed the training required by paragraph (c) of this
    19  subdivision to be responsible for the storage, maintenance, control, and
    20  general oversight of the  epinephrine  auto-injectors  acquired  by  the
    21  eligible  person or entity. [The collaborative agreement shall include a
    22  written agreement that  incorporates  written  practice  protocols,  and
    23  policies and procedures that shall ensure compliance with the provisions
    24  of  this  section. The person, firm, organization or entity shall file a
    25  copy of the collaborative agreement with the  department  and  with  the
    26  appropriate  regional council prior to using any epinephrine auto-injec-
    27  tor device.
    28    3. Possession and use of epinephrine auto-injector devices. Possession
    29  and use  of  epinephrine  auto-injector  devices  shall  be  limited  as
    30  follows:]
    31    [(a)]  (c) [No person shall] No one may use an epinephrine auto-injec-
    32  tor device [unless such person shall have]  on  behalf  of  an  eligible
    33  person  or entity unless he or she has successfully completed a training
    34  course in the use of epinephrine auto-injector devices  conducted  by  a
    35  nationally recognized organization experienced in training laypersons in
    36  emergency health treatment or by an entity or individual approved by the
    37  commissioner  [pursuant  to the rules of the department], or is directed
    38  in a specific instance to use an epinephrine auto-injector device  by  a
    39  health  care practitioner. The training required by this paragraph shall
    40  include (i) how to recognize  signs  and  symptoms  of  severe  allergic
    41  reactions, including anaphylaxis; (ii) recommended dosage for adults and
    42  children;  (iii)  standards  and procedures for the storage and adminis-
    43  tration of an epinephrine auto-injector; and  (iv)  emergency  follow-up
    44  procedures.
    45    (d)  This section does not prohibit the use of an epinephrine auto-in-
    46  jector device (i) by a health care practitioner [licensed  or  certified
    47  under title eight of the education law acting within the scope of his or
    48  her  practice,] or (ii) by a person acting pursuant to a lawful patient-
    49  specific prescription.
    50    [(b)] (e) Every  eligible  person[,  firm,  organization]  and  entity
    51  authorized to possess and use epinephrine auto-injector devices pursuant
    52  to this section shall use, maintain and dispose of such devices pursuant
    53  to regulations of the department.
    54    [(c) Every use of an epinephrine auto-injector device pursuant to this
    55  section  shall  immediately  be  reported  to  the emergency health care
    56  provider.]
        S. 6800                             3
 
     1    (f) Nothing in this section shall require any eligible person or enti-
     2  ty to acquire, possess, store, make available, or administer an epineph-
     3  rine auto-injector.
     4    3.  Prescriptions. (a) A health care practitioner who is authorized to
     5  prescribe drugs may prescribe, dispense or provide an epinephrine  auto-
     6  injector  device  to  or  for  an eligible person or entity by a non-pa-
     7  tient-specific prescription.
     8    (b) A pharmacist may dispense an epinephrine auto-injector pursuant to
     9  a non-patient-specific prescription under this subdivision.
    10    (c) This subdivision does not limit any other authority a health  care
    11  practitioner or pharmacist has to prescribe, dispense, provide or admin-
    12  ister an epinephrine auto-injector device.
    13    4.  Application of other laws. (a) Use of an epinephrine auto-injector
    14  device pursuant to this section shall be considered first aid  or  emer-
    15  gency treatment for the purpose of any statute relating to liability.
    16    (b)  Purchase,  acquisition, possession or use of an epinephrine auto-
    17  injector device pursuant to this section shall not constitute the unlaw-
    18  ful practice of a profession or other violation under title eight of the
    19  education law or article thirty-three of this chapter.
    20    (c) Any person otherwise authorized to sell or provide an  epinephrine
    21  auto-injector  device  may  sell  or  provide  it  to a person or entity
    22  authorized to possess it pursuant to this section.
    23    § 2. Subdivision 2 of section 3000-a of  the  public  health  law,  as
    24  amended  by  chapter  243  of  the  laws  of 2010, is amended to read as
    25  follows:
    26    2. (i) Any person [who,] or entity[, partnership, corporation, firm or
    27  society] that[,]  purchases,  operates,  facilitates  implementation  or
    28  makes  available  resuscitation equipment that facilitates first aid, an
    29  automated external defibrillator or an epinephrine auto-injector  device
    30  as  required by or pursuant to law or local law, or that conducts train-
    31  ing under section three thousand-c of this article, or (ii) an emergency
    32  health care provider under a collaborative agreement pursuant to section
    33  three thousand-b of this article with respect to an  automated  external
    34  defibrillator,  or  (iii)  [the  emergency  health  care provider with a
    35  collaborative agreement] a health  care  practitioner  that  prescribes,
    36  dispenses  or provides an epinephrine auto-injector device under section
    37  three thousand-c of this article [with respect to use of an  epinephrine
    38  auto-injector  device],  shall  not be liable for damages arising either
    39  from the use of that equipment by a person who voluntarily  and  without
    40  expectation  of  monetary  compensation  renders  first aid or emergency
    41  treatment at the scene of an accident or medical emergency, or from  the
    42  use  of  defectively manufactured equipment; provided that this subdivi-
    43  sion shall not limit the person's or  entity's,  [partnership's,  corpo-
    44  ration's, firm's, society's or] the emergency health care provider's, or
    45  other  health  care  practitioner's  liability  for  his, her or its own
    46  negligence, gross negligence or intentional misconduct.
    47    § 3. This act shall take effect on the one hundred eightieth day after
    48  it shall have become a law; provided that,  effective  immediately,  the
    49  commissioner  of  health  shall  make regulations and take other actions
    50  necessary to implement this act on such effective date.