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.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
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: To permit the use of glucagon emergency injection kits, in addition 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 PROVISIONS: Section one amends Subdivision 2 of Section 3000-a of the Public Health Law adding the use of glucagon emergency injection kits to the good samaritan protections under Section 3000-a of the Public Health Law.
Section two amends Section 3000-c of the Public Health Law by adding a school district or any designated school district employee as an eligible person or organization that may possess and use epinephrine auto-injector devices or glucagon emergency injection kits. Said eligibility is contingent on the individual or entity completing appropriate training and having a collaborative agreement with a physician or hospital.
Section three adds a new paragraph (d) to Subdivision 3 of Section 3000-c of the Public Health Law. Paragraph (d) states that any school district that designates a person or persons to possess and use epinephrine auto-injector devices or glucagon emergency injection kits to notify the Commissioner of Education and ensure that those named complete the required training.
Section four adds a new Section 3000-e to the Public Health Law setting out the specifics of the glucagon emergency injection kits. In this section, eligible persons and organizations are defined, and emergency health care provider is also defined. The section also establishes the collaborative agreement procedures, and it sets the limits of how and when glucagon emergency injection kits may be Used. The last part of this section provides for the application of this legislation in regard to other pertinent laws.
Section five states that this legislation shall take effect immediately.
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 authorization 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 themselves. 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: Passed Senate in 2005 as S 2559
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 4515 2013-2014 Regular Sessions IN SENATE April 5, 2013 ___________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 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: Section 1. Subdivision 2 of section 3000-a of the public health law, as amended by chapter 243 of the laws of 2010, is amended to read as follows: 2. (i) Any person who, or entity, partnership, corporation, firm or society that, purchases, operates, facilitates implementation or makes available resuscitation equipment that facilitates first aid, an auto- mated external defibrillator
[or], an epinephrine auto-injector device OR A GLUCAGON EMERGENCY INJECTION KIT as required by or pursuant to law or local law, or (ii) an emergency health care provider under a collabo- rative agreement pursuant to section three thousand-b of this article with respect to an automated external defibrillator, or (iii) the emer- gency health care provider with a collaborative agreement under section three thousand-c of this article with respect to use of an epinephrine auto-injector device, OR (IV) THE EMERGENCY HEALTH CARE PROVIDER WITH A COLLABORATIVE AGREEMENT UNDER SECTION THREE THOUSAND-E OF THIS ARTICLE WITH RESPECT TO USE OF A GLUCAGON EMERGENCY INJECTION KIT, shall not be liable for damages arising either from the use of that equipment by a person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or medical emergency, or from the use of defectively manufactured equip- ment; provided that this subdivision shall not limit the person's or entity's, partnership's, corporation's, firm's, society's or the emer- gency health care provider's liability for his, her or its own negli- gence, gross negligence or intentional misconduct.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10175-01-3 S. 4515 2
S 2. Paragraph (a) of subdivision 1 of section 3000-c of the public health law, as amended by chapter 350 of the laws of 2001, is amended to read as follows: (a) "Eligible person, firm, organization, or other entity" means, (i) an ambulance service or advanced life support first response service; a certified first responder, emergency medical technician, or advanced emergency medical technician, who is employed by or an enrolled member of any such service; (ii) a children's overnight camp as defined in subdivision one of section thirteen hundred ninety-two of this chapter, a summer day camp as defined in subdivision two of section thirteen hundred ninety-two of this chapter, a traveling summer day camp as defined in subdivision three of section thirteen hundred ninety-two of this chapter or a person employed by such a camp;
[or](iii) any other person, firm, organization or entity designated pursuant to regulations of the commissioner in consultation with other appropriate agencies; OR (IV) A SCHOOL DISTRICT OR ANY PERSON EMPLOYED BY A SCHOOL DISTRICT WHO IS DESIGNATED AS SUCH; and all subject to regulations of the commission- er. S 3. Subdivision 3 of section 3000-c of the public health law is amended by adding a new paragraph (d) to read as follows: (D) EVERY SCHOOL DISTRICT THAT DESIGNATES ANY PERSON OR PERSONS AS AN ELIGIBLE PERSON SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF EDUCATION AND ENSURE THAT ALL SUCH PERSONS IMMEDIATELY SUCCESSFULLY COMPLETE THE TRAINING REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION. S 4. The public health law is amended by adding a new section 3000-e to read as follows: S 3000-E. GLUCAGON EMERGENCY INJECTION KITS. 1. DEFINITIONS. AS USED IN THIS SECTION: (A) "ELIGIBLE PERSON, FIRM, ORGANIZATION, OR OTHER ENTITY" MEANS, (I) AN AMBULANCE SERVICE OR ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICE; A CERTIFIED FIRST RESPONDER, EMERGENCY MEDICAL TECHNICIAN, OR ADVANCED EMERGENCY MEDICAL TECHNICIAN, WHO IS EMPLOYED BY OR AN ENROLLED MEMBER OF ANY SUCH SERVICE; (II) A CHILDREN'S OVERNIGHT CAMP AS DEFINED IN SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED NINETY-TWO OF THIS CHAPTER, A SUMMER DAY CAMP AS DEFINED IN SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED NINETY-TWO OF THIS CHAPTER, A TRAVELING SUMMER DAY CAMP AS DEFINED IN SUBDIVISION THREE OF SECTION THIRTEEN HUNDRED NINETY-TWO OF THIS CHAPTER OR A PERSON EMPLOYED BY SUCH A CAMP; (III) ANY OTHER PERSON, FIRM, ORGANIZATION OR ENTITY DESIGNATED PURSUANT TO REGULATIONS OF THE COMMISSIONER IN CONSULTATION WITH OTHER APPROPRIATE AGENCIES; OR (IV) A SCHOOL DISTRICT OR ANY PERSON EMPLOYED BY A SCHOOL DISTRICT WHO IS DESIGNATED AS SUCH; AND ALL SUBJECT TO REGULATIONS OF THE COMMISSION- ER. (B) "EMERGENCY HEALTH CARE PROVIDER" MEANS (I) A PHYSICIAN WITH KNOW- LEDGE AND EXPERIENCE IN THE DELIVERY OF EMERGENCY CARE; OR (II) A HOSPI- TAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER THAT PROVIDES EMERGENCY CARE. 2. COLLABORATIVE AGREEMENT. ANY ELIGIBLE PERSON, FIRM, ORGANIZATION OR OTHER ENTITY MAY PURCHASE, ACQUIRE, POSSESS AND USE GLUCAGON FOR EMER- GENCY INJECTION KITS PURSUANT TO A COLLABORATIVE AGREEMENT WITH AN EMER- GENCY HEALTH CARE PROVIDER. THE COLLABORATIVE AGREEMENT SHALL INCLUDE A WRITTEN AGREEMENT THAT INCORPORATES WRITTEN PRACTICE PROTOCOLS, AND POLICIES AND PROCEDURES THAT SHALL ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. THE PERSON, FIRM, ORGANIZATION OR ENTITY SHALL FILE A COPY OF THE COLLABORATIVE AGREEMENT WITH THE DEPARTMENT AND WITH APPRO-S. 4515 3
PRIATE REGIONAL COUNCIL PRIOR TO USING ANY GLUCAGON FOR EMERGENCY INJECTION KITS. 3. POSSESSION AND USE OF GLUCAGON EMERGENCY INJECTION KITS. POSSESSION AND USE OF GLUCAGON EMERGENCY INJECTION KITS SHALL BE LIMITED AS FOLLOWS: (A) NO PERSON SHALL USE A GLUCAGON EMERGENCY INJECTION KIT UNLESS SUCH PERSON SHALL HAVE SUCCESSFULLY COMPLETED A TRAINING COURSE IN THE USE OF GLUCAGON EMERGENCY INJECTION KITS APPROVED BY THE COMMISSIONER PURSUANT TO THE RULES OF THE DEPARTMENT. THIS SECTION SHALL NOT BE DEEMED TO PROHIBIT THE USE OF A GLUCAGON EMERGENCY INJECTION KIT (I) BY A HEALTH CARE PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCA- TION LAW ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE, OR (II) BY A PERSON ACTING PURSUANT TO A LAWFUL PRESCRIPTION. (B) EVERY PERSON, FIRM, ORGANIZATION AND ENTITY AUTHORIZED TO POSSESS AND USE GLUCAGON EMERGENCY INJECTION KITS PURSUANT TO THIS SECTION SHALL USE, MAINTAIN AND DISPOSE OF SUCH KITS PURSUANT TO REGULATIONS OF THE DEPARTMENT. (C) EVERY USE OF A GLUCAGON EMERGENCY INJECTION KIT PURSUANT TO THIS SECTION SHALL IMMEDIATELY BE REPORTED TO THE EMERGENCY HEALTH CARE PROVIDER. (D) EVERY SCHOOL DISTRICT THAT DESIGNATES ANY PERSON OR PERSONS AS AN ELIGIBLE PERSON SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF EDUCATION AND ENSURE THAT ALL PERSONS IMMEDIATELY SUCCESSFULLY COMPLETE THE TRAIN- ING REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION. 4. APPLICATION OF OTHER LAWS. (A) USE OF A GLUCAGON EMERGENCY INJECTION KIT PURSUANT TO THIS SECTION SHALL BE CONSIDERED FIRST AID OR EMERGENCY TREATMENT FOR THE PURPOSE OF ANY STATUTE RELATING TO LIABIL- ITY. (B) PURCHASE, ACQUISITION, POSSESSION OR USE OF A GLUCAGON EMERGENCY INJECTION KIT PURSUANT TO THIS SECTION SHALL NOT CONSTITUTE THE UNLAWFUL PRACTICE OF A PROFESSION OR OTHER VIOLATION UNDER TITLE EIGHT OF THE EDUCATION LAW OR ARTICLE THIRTY-THREE OF THIS CHAPTER. (C) ANY PERSON OTHERWISE AUTHORIZED TO SELL OR PROVIDE A GLUCAGON FOR EMERGENCY INJECTION KIT MAY SELL OR PROVIDE IT TO A PERSON AUTHORIZED TO POSSESS IT PURSUANT TO THIS SECTION. S 5. This act shall take effect immediately.