STATE OF NEW YORK
________________________________________________________________________
8038
IN SENATE
March 11, 2020
___________
Introduced by Sen. RIVERA -- 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 epinephrine injec-
tor 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 amended by
2 chapter 373 of the laws of 2016, paragraph (a) of subdivision 1 as
3 amended by chapter 633 of the laws of 2019, is amended to read as
4 follows:
5 § 3000-c. Epinephrine [auto-injector] injector devices. 1. Defi-
6 nitions. As used in this section:
7 (a) "Eligible person or entity" means: (i) an ambulance service or
8 advanced life support first response service; a certified first respon-
9 der, firefighter in a city, town or village having a population of less
10 than one million, emergency medical technician, or advanced emergency
11 medical technician, who is employed by or an enrolled member of any such
12 service; (ii) a children's overnight camp as defined in subdivision one
13 of section thirteen hundred ninety-two of this chapter, a summer day
14 camp as defined in subdivision two of section thirteen hundred ninety-
15 two of this chapter, a traveling summer day camp as defined in subdivi-
16 sion three of section thirteen hundred ninety-two of this chapter or a
17 person employed by such a camp; (iii) a school district, board of coop-
18 erative educational services, county vocational education and extension
19 board, charter school, and non-public elementary and secondary school in
20 this state or any person employed by any such entity, or employed by a
21 contractor of such an entity while performing services for the entity;
22 (iv) a sports, entertainment, amusement, education, government, day care
23 or retail facility; an educational institution, youth organization or
24 sports league; an establishment that serves food; or a person employed
25 by such entity; (v) a police officer or peace officer in a city, town or
26 village having a population of less than one million; and (vi) any other
27 person or entity designated or approved, or in a category designated or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15543-01-0
S. 8038 2
1 approved pursuant to regulations of the commissioner in consultation
2 with other appropriate agencies.
3 (b) "Epinephrine [auto-injector] injector device" means a single-use
4 device used for the [automatic] injection of a premeasured dose of
5 epinephrine into the human body for the purpose of emergency treatment
6 of a person appearing to experience anaphylactic symptoms approved by
7 the food and drug administration.
8 (c) "Health care practitioner" means a health care practitioner
9 licensed, certified, or authorized to practice under title eight of the
10 education law who is authorized thereby to administer drugs, and who is
11 acting within the scope of his or her practice.
12 2. Possession and use. (a) Any eligible person or entity may purchase,
13 acquire, possess and use epinephrine [auto-injector] injector devices
14 for emergency treatment of a person appearing to experience anaphylactic
15 symptoms, under this section.
16 (b) An eligible person or entity shall designate one or more individ-
17 uals who have completed the training required by paragraph (c) of this
18 subdivision to be responsible for the storage, maintenance, control, and
19 general oversight of the epinephrine [auto-injectors] injector acquired
20 by the eligible person or entity.
21 (c) No one may use an epinephrine [auto-injector] injector device on
22 behalf of an eligible person or entity unless he or she has successfully
23 completed a training course in the use of epinephrine [auto-injector]
24 injector devices conducted by a nationally recognized organization expe-
25 rienced in training laypersons in emergency health treatment or by an
26 entity or individual approved by the commissioner, or is directed in a
27 specific instance to use an epinephrine [auto-injector] injector device
28 by a health care practitioner. The training required by this paragraph
29 shall include (i) how to recognize signs and symptoms of severe allergic
30 reactions, including anaphylaxis; (ii) recommended dosage for adults and
31 children; (iii) standards and procedures for the storage and adminis-
32 tration of an epinephrine [auto-injector] injector; and (iv) emergency
33 follow-up procedures.
34 (d) This section does not prohibit the use of an epinephrine [auto-in-
35 jector] injector device (i) by a health care practitioner or (ii) by a
36 person acting pursuant to a lawful patient-specific prescription.
37 (e) Every eligible person and entity authorized to possess and use
38 epinephrine [auto-injector] injector devices pursuant to this section
39 shall use, maintain and dispose of such devices pursuant to regulations
40 of the department.
41 (f) Nothing in this section shall require any eligible person or enti-
42 ty to acquire, possess, store, make available, or administer an epineph-
43 rine [auto-injector] injector.
44 3. Prescriptions. (a) A health care practitioner who is authorized to
45 prescribe drugs may prescribe, dispense or provide an epinephrine [auto-
46 injector] injector device to or for an eligible person or entity by a
47 non-patient-specific prescription.
48 (b) A pharmacist may dispense an epinephrine [auto-injector] injector
49 pursuant to a non-patient-specific prescription under this subdivision.
50 (c) This subdivision does not limit any other authority a health care
51 practitioner or pharmacist has to prescribe, dispense, provide or admin-
52 ister an epinephrine [auto-injector] injector device.
53 4. Application of other laws. (a) Use of an epinephrine [auto-injec-
54 tor] injector device pursuant to this section shall be considered first
55 aid or emergency treatment for the purpose of any statute relating to
56 liability.
S. 8038 3
1 (b) Purchase, acquisition, possession or use of an epinephrine [auto-
2 injector] injector device pursuant to this section shall not constitute
3 the unlawful practice of a profession or other violation under title
4 eight of the education law or article thirty-three of this chapter.
5 (c) Any person otherwise authorized to sell or provide an epinephrine
6 [auto-injector] injector device may sell or provide it to a person or
7 entity authorized to possess it pursuant to this section.
8 § 2. This act shall take effect immediately.
