NY State Senate Bill 2015-S4935A

Senate Bill S4935A

2015-2016 Legislative Session

Establishes the emergency allergy treatment act; authorizes the certification of persons to administer lifesaving treatment to individuals who have severe allergic reactions

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health returned to senate died in assembly
Jun 15, 2015	referred to health delivered to assembly passed senate ordered to third reading cal.1546 committee discharged and committed to rules
May 11, 2015	print number 4935a
May 11, 2015	amend and recommit to health
Apr 24, 2015	referred to health

Votes

- Jun 15, 2015 - Floor Vote
  S4935A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2015
      
      aye (62)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Libous
  Jun 15, 2015 - Rules Committee Vote
  S4935A
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 15, 2015
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young

Bill Amendments

Original

A (Active)

2015-S4935 - Details

See Assembly Version of this Bill:: A7349
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 30-D §§3080 - 3083, Pub Health L

2015-S4935 - Summary

Establishes the emergency allergy treatment act; authorizes the certification of persons to administer lifesaving treatment to individuals who have severe allergic reactions when a physician is not available; allows an authorized entity to acquire and stock a supply of epinephrine auto-injectors with a prescription; includes as authorized entities restaurants, recreation camps, youth sports leagues, theme parks and resorts, entertainment venues and sports arenas.

2015-S4935 - Sponsor Memo

                                BILL NUMBER:S4935

TITLE OF BILL:

An act to amend the public health law, in relation to authorizing
emergency allergy treatment

PURPOSE:

This bill would provide a mechanism for public venues such as
restaurants, recreation camps, youth sports leagues, theme parks,
resorts, entertainment venues and sport arenas, at their option, to
provide epinephrine auto-injectors to patrons who might suffer an
emergency allergic reaction.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 identifies the act as the "Emergency Allergy Treatment Act"

Section 2 adds a new Public Health Law Article 30-D, Emergency Allergy
Treatment.

1. Section 3080 includes definitions for the new article

2. Section 3081 permits the Department of Health to promulgate rules
to administer the article, issue and approve appropriate certificates;

describes appropriate training programs; provides requirements to
issue a certificate of training; and permits an authorized entity to
obtain a supply of prescription epinephrine auto-injectors to have on
hand in the event of an anaphylactic emergency

3. Section 3082 permits emergency administration of epinephrine
auto-injectors under certain conditions.

4. Section 3083 provides that no authorized entity and/or its agents
or employees shall incur legal or financial liability as the result of
injuries sustained caused by reasonable and good faith compliance with
this article.

Section 3 provides that the bill will take effect 180 days after it
shall have become law, but that effective immediately, amendment
and/or repeal of any rule or regulation necessary for the
implementation of the act is authorized to be made.

JUSTIFICATION:

Allergic reaction, particularly to allergens such as food or insect
bites, can sometimes lead to life-threatening anaphylactic shock. In
such a situation, literally every minute counts. Many people with
serious allergies are aware of their peril, and carry an epinephrine
auto-injector device that has been prescribed for them at all times.
However, there is always a first time for an anaphylactic reaction,
and unless the victim receives immediate medical attention, the
results can be fatal. This bill allows, but does not mandate, public
facilities where people gather, to have on hand, under specified
controlled conditions, epinephrine auto-injector devices which will be
available in an emergency. This is certainly not meant to replace


medical care, but these devices can keep a victim alive long enough
for medical personnel to arrive.

These auto-injectors will save lives, just as the AED devices that are
placed in public facilities to treat heart attacks have saved lives.
Placement of these devices would be especially appropriate in outdoor
venues and camps where bees and other stinging insects are likely to
be present, or in locations serving food where a severe allergic
reaction to a food could occur.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The bill will take effect 180 days after it shall have become law, but
that effective immediately, amendment and/or repeal of any rule or
regulation necessary for the implementation of the act is authorized
to be made.

2015-S4935 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4935

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 24, 2015
                               ___________

Introduced  by  Sen.  RANZENHOFER -- 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 authorizing  emer-
  gency allergy treatment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the  "Emergency
Allergy Treatment Act."
  S  2. The public health law is amended by adding a new article 30-D to
read as follows:
                              ARTICLE 30-D
                       EMERGENCY ALLERGY TREATMENT
SECTION 3080. DEFINITIONS.
        3081. EMERGENCY ALLERGY TREATMENT.
        3082. EPINEPHRINE AUTO-INJECTORS; EMERGENCY ADMINISTRATION.
        3083. LIABILITY.
  S 3080. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
  1. "ADMINISTER" MEANS TO DIRECTLY APPLY AN  EPINEPHRINE  AUTO-INJECTOR
TO THE BODY OF AN INDIVIDUAL.
  2.  "AUTHORIZED  ENTITY"  MEANS  AN  ENTITY  OR  ORGANIZATION AT OR IN
CONNECTION WITH WHICH ALLERGENS CAPABLE OF  CAUSING  A  SEVERE  ALLERGIC
REACTION  MAY  BE  PRESENT.  THE  TERM  INCLUDES, BUT IS NOT LIMITED TO,
RESTAURANTS, RECREATION CAMPS, YOUTH SPORTS  LEAGUES,  THEME  PARKS  AND
RESORTS, ENTERTAINMENT VENUES AND SPORTS ARENAS.
  3. "AUTHORIZED HEALTH CARE PRACTITIONER" MEANS A LICENSED PRACTITIONER
AUTHORIZED BY THE LAWS OF THE STATE TO PRESCRIBE DRUGS.
  4. "DEPARTMENT" MEANS THE DEPARTMENT OF HEALTH.
  5.  "EPINEPHRINE AUTO-INJECTOR" MEANS A SINGLE-USE DEVICE USED FOR THE
AUTOMATIC INJECTION OF A PREMEASURED DOSE OF EPINEPHRINE INTO THE  HUMAN
BODY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10584-01-5

S. 4935                             2

  6.  "SELF-ADMINISTRATION" MEANS AN INDIVIDUAL'S DISCRETIONARY ADMINIS-
TRATION OF AN EPINEPHRINE AUTO-INJECTOR ON HERSELF OR HIMSELF.
  S  3081.  EMERGENCY  ALLERGY  TREATMENT.  1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THIS SECTION ALLOWS  FOR  THE  CERTIF-
ICATION OF PERSONS TO ADMINISTER LIFESAVING TREATMENT TO INDIVIDUALS WHO
HAVE  SEVERE  ALLERGIC  REACTIONS  WHEN  A  PHYSICIAN IS NOT IMMEDIATELY
AVAILABLE.
  2. THE DEPARTMENT MAY:
  (A) ADOPT RULES NECESSARY TO ADMINISTER THE PROVISIONS OF  THIS  ARTI-
CLE.
  (B)  CONDUCT EDUCATIONAL TRAINING PROGRAMS AS DESCRIBED IN SUBDIVISION
THREE OF THIS SECTION AND APPROVE PROGRAMS CONDUCTED BY OTHER  ORGANIZA-
TIONS OR GOVERNMENTAL AGENCIES.
  (C)  ISSUE  AND  RENEW  CERTIFICATES  OF  TRAINING TO PERSONS WHO HAVE
COMPLIED WITH THIS SECTION AND THE RULES ADOPTED BY THE DEPARTMENT.
  (D) COLLECT FEES NECESSARY TO ADMINISTER THE PROVISIONS OF THIS  ARTI-
CLE.
  3.  EDUCATIONAL  TRAINING  PROGRAMS  REQUIRED BY THIS SECTION SHALL BE
CONDUCTED BY A NATIONALLY RECOGNIZED ORGANIZATION EXPERIENCED IN  TRAIN-
ING  LAYPERSONS IN EMERGENCY HEALTH TREATMENT OR AN ENTITY OR INDIVIDUAL
APPROVED BY THE DEPARTMENT. THE CURRICULUM MUST INCLUDE AT A MINIMUM:
  (A) RECOGNITION OF THE SYMPTOMS OF SYSTEMIC REACTIONS TO FOOD,  INSECT
STINGS, AND OTHER ALLERGENS; AND
  (B) THE PROPER ADMINISTRATION OF AN EPINEPHRINE AUTO-INJECTOR.
  4. A CERTIFICATE OF TRAINING MAY BE GIVEN TO A PERSON WHO:
  (A) IS EIGHTEEN YEARS OF AGE OR OLDER;
  (B)  HAS, OR REASONABLY EXPECTS TO HAVE, RESPONSIBILITY FOR OR CONTACT
WITH AT LEAST ONE OTHER PERSON AS A RESULT OF HIS OR HER OCCUPATIONAL OR
VOLUNTEER STATUS, INCLUDING, BUT NOT LIMITED TO, A CAMP COUNSELOR, SCOUT
LEADER, FOREST RANGER, TOUR GUIDE, MANAGER, WAIT STAFF OR CHAPERONE; AND
  (C) HAS SUCCESSFULLY COMPLETED  AN  EDUCATIONAL  TRAINING  PROGRAM  AS
DESCRIBED IN SUBDIVISION THREE OF THIS SECTION.
  5. A PERSON WHO SUCCESSFULLY COMPLETES AN EDUCATIONAL TRAINING PROGRAM
MAY OBTAIN A CERTIFICATE UPON APPLICATION TO THE DEPARTMENT ACCORDING TO
SUCH REGULATION AS THE DEPARTMENT MAY PROMULGATE.
  6.  AN AUTHORIZED ENTITY WHICH HAS ONE OR MORE VOLUNTEERS OR EMPLOYEES
WHO HAVE SUCCESSFULLY COMPLETED AN  EDUCATIONAL  PROGRAM  MAY  OBTAIN  A
CERTIFICATE  AUTHORIZING SUCH ENTITY TO OBTAIN A CERTIFICATE AUTHORIZING
THE  HOLDER  TO  RECEIVE,  UPON  PRESENTMENT  OF  THE   CERTIFICATE,   A
PRESCRIPTION  FOR  EPINEPHRINE  AUTO-INJECTORS FROM AN AUTHORIZED HEALTH
CARE PRACTITIONER OR THE DEPARTMENT. THE CERTIFICATE ALSO AUTHORIZES THE
HOLDER, IN AN EMERGENCY SITUATION WHEN A PHYSICIAN  IS  NOT  IMMEDIATELY
AVAILABLE,  TO  POSSESS AND ADMINISTER, OR DELIVER A PRESCRIBED EPINEPH-
RINE AUTO-INJECTOR TO A PERSON EXPERIENCING A SEVERE ALLERGIC REACTION.
  S 3082. EPINEPHRINE AUTO-INJECTORS; EMERGENCY ADMINISTRATION.   1.  AN
AUTHORIZED  HEALTH  CARE PRACTITIONER MAY PRESCRIBE EPINEPHRINE AUTO-IN-
JECTORS IN THE NAME OF AN AUTHORIZED ENTITY FOR USE IN  ACCORDANCE  WITH
THIS  SECTION,  AND  PHARMACISTS MAY DISPENSE EPINEPHRINE AUTO-INJECTORS
PURSUANT TO A PRESCRIPTION ISSUED IN THE NAME OF AN AUTHORIZED ENTITY.
  2. AN AUTHORIZED ENTITY MAY ACQUIRE AND STOCK A SUPPLY OF  EPINEPHRINE
AUTO-INJECTORS PURSUANT TO A PRESCRIPTION ISSUED IN ACCORDANCE WITH THIS
SECTION.    SUCH EPINEPHRINE AUTO-INJECTORS MUST BE STORED IN ACCORDANCE
WITH THE EPINEPHRINE AUTO-INJECTOR'S INSTRUCTIONS FOR USE AND  WITH  ANY
ADDITIONAL  REQUIREMENTS  THAT  MAY BE ESTABLISHED BY THE DEPARTMENT. AN
AUTHORIZED ENTITY SHALL DESIGNATE EMPLOYEES OR AGENTS WHO HOLD A CERTIF-
ICATE ISSUED PURSUANT TO SECTION THREE THOUSAND EIGHTY-ONE OF THIS ARTI-

S. 4935                             3

CLE TO BE RESPONSIBLE FOR THE STORAGE, MAINTENANCE,  AND  GENERAL  OVER-
SIGHT OF EPINEPHRINE AUTO-INJECTORS ACQUIRED BY THE AUTHORIZED ENTITY.
  3.  AN  INDIVIDUAL  WHO HOLDS A CERTIFICATE ISSUED PURSUANT TO SECTION
THREE THOUSAND EIGHTY-ONE OF THIS ARTICLE MAY, ON THE PREMISES OF OR  IN
CONNECTION  WITH  THE  AUTHORIZED ENTITY, USE EPINEPHRINE AUTO-INJECTORS
PRESCRIBED PURSUANT TO SUBDIVISION ONE OF THIS SECTION TO:
  (A) PROVIDE AN EPINEPHRINE AUTO-INJECTOR TO A PERSON WHO THE CERTIFIED
INDIVIDUAL IN GOOD FAITH BELIEVES  IS  EXPERIENCING  A  SEVERE  ALLERGIC
REACTION  FOR THAT PERSON'S IMMEDIATE SELF-ADMINISTRATION, REGARDLESS OF
WHETHER THE PERSON HAS A PRESCRIPTION FOR AN  EPINEPHRINE  AUTO-INJECTOR
OR HAS PREVIOUSLY BEEN DIAGNOSED WITH AN ALLERGY.
  (B) ADMINISTER AN EPINEPHRINE AUTO-INJECTOR TO A PERSON WHO THE CERTI-
FIED INDIVIDUAL IN GOOD FAITH BELIEVES IS EXPERIENCING A SEVERE ALLERGIC
REACTION,  REGARDLESS  OF  WHETHER  THE PERSON HAS A PRESCRIPTION FOR AN
EPINEPHRINE AUTO-INJECTOR OR  HAS  PREVIOUSLY  BEEN  DIAGNOSED  WITH  AN
ALLERGY.
  4.  AN  AUTHORIZED  ENTITY THAT ACQUIRES A STOCK SUPPLY OF EPINEPHRINE
AUTO-INJECTORS PURSUANT TO A PRESCRIPTION ISSUED BY AN AUTHORIZED HEALTH
CARE PRACTITIONER IN ACCORDANCE WITH THIS SECTION MAY MAKE THE  AUTO-IN-
JECTORS  AVAILABLE TO INDIVIDUALS OTHER THAN CERTIFIED INDIVIDUALS IDEN-
TIFIED IN SUBDIVISION THREE OF  THIS  SECTION  WHO  MAY  ADMINISTER  THE
AUTO-INJECTOR  TO  A  PERSON BELIEVED IN GOOD FAITH TO BE EXPERIENCING A
SEVERE ALLERGIC REACTION IF THE EPINEPHRINE AUTO-INJECTORS ARE STORED IN
A LOCKED, SECURE CONTAINER AND  ARE  MADE  AVAILABLE  ONLY  UPON  REMOTE
AUTHORIZATION  BY AN AUTHORIZED HEALTH CARE PRACTITIONER AFTER CONSULTA-
TION WITH THE AUTHORIZED HEALTH CARE PRACTITIONER BY  AUDIO,  TELEVIDEO,
OR OTHER SIMILAR MEANS OF ELECTRONIC COMMUNICATION. CONSULTATION WITH AN
AUTHORIZED  HEALTH  CARE PRACTITIONER FOR THIS PURPOSE IS NOT CONSIDERED
THE PRACTICE OF TELEMEDICINE OR OTHERWISE CONSTRUED AS VIOLATING ANY LAW
OR RULE REGULATING THE AUTHORIZED  HEALTH  CARE  PRACTITIONER'S  PROFES-
SIONAL PRACTICE.
  S 3083. LIABILITY. AN AUTHORIZED ENTITY AND/OR ITS AGENTS OR EMPLOYEES
SHALL  INCUR  NO LEGAL OR FINANCIAL LIABILITY AS A RESULT OF ANY HARM OR
INJURY SUSTAINED BY A PERSON CAUSED BY REASONABLE AND GOOD FAITH COMPLI-
ANCE WITH THIS ARTICLE.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made and completed
on or before such effective date.

co-Sponsors

2015-S4935A (ACTIVE) - Details

See Assembly Version of this Bill:: A7349
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 30-D §§3080 - 3083, Pub Health L

2015-S4935A (ACTIVE) - Summary

2015-S4935A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4935A

TITLE OF BILL:  An act to amend the public health law, in relation to
authorizing emergency allergy treatment

PURPOSE: This bill would provide a mechanism for public venues such as
restaurants, recreation camps, youth sports leagues, theme parks,
resorts, entertainment venues and sport arenas, at their option, to
provide epinephrine auto-injectors to patrons who might suffer an emer-
gency allergic reaction.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 identifies the act as the
"Emergency Allergy Treatment Act"

Section 2 adds a new Public Health Law Article 30-D, Emergency Allergy
Treatment.

1. Section 3080 includes definitions for the new article

2. Section 3081 permits the Department of Health to promulgate rules to
administer the article, issue and approve appropriate certificates;
describes appropriate training programs; provides requirements to issue
a certificate of training; and permits an authorized entity to obtain a
supply of prescription epinephrine auto-injectors to have on hand in the
event of an anaphylactic emergency

3. Section 3082 permits emergency administration of epinephrine auto-in-
jectors under certain conditions.

4. Section 3083 provides that no authorized entity and/or its agents or
employees shall incur legal or financial liability as the result of
injuries sustained caused by reasonable and good faith compliance with
this article.

Section 3 provides that the bill will take effect 180 days after it
shall have become law, but that effective immediately, amendment and/or
repeal of any rule or regulation necessary for the implementation of the
act is authorized to be made.

JUSTIFICATION: Allergic reaction, particularly to allergens such as food
or insect bites, can sometimes lead to life-threatening anaphylactic
shock. In such a situation, literally every minute counts. Many people
with serious allergies are aware of their peril, and carry an epineph-
rine auto-injector device that has been prescribed for them at all
times.  However, there is always a first time for an anaphylactic
reaction, and unless the victim receives immediate medical attention,
the results can be fatal. This bill allows, but does not mandate, public
facilities where people gather, to have on hand, under specified
controlled conditions, epinephrine auto-injector devices which will be
available in an emergency. This is certainly not meant to replace
medical care, but these devices can keep a victim alive long enough for
medical personnel to arrive.

These auto-injectors will save lives, just as the AED devices that are
placed in public facilities to treat heart attacks have saved lives.
Placement of these devices would be especially appropriate in outdoor
venues and camps where bees and other stinging insects are likely to be
present, or in locations serving food where a severe allergic reaction
to a food could occur.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The bill will take effect 180 days after it shall have
become law, but that effective immediately, amendment and/or repeal of
any rule or regulation necessary for the implementation of the act is
authorized to be made.

2015-S4935A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4935--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 24, 2015
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the public health law, in relation to authorizing emer-
  gency allergy treatment

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. This act shall be known and may be cited as the "Emergency
Allergy Treatment Act."
  S 2. The public health law is amended by adding a new article 30-D  to
read as follows:
                              ARTICLE 30-D
                       EMERGENCY ALLERGY TREATMENT
SECTION 3080. DEFINITIONS.
        3081. EMERGENCY ALLERGY TREATMENT.
        3082. EPINEPHRINE AUTO-INJECTORS; EMERGENCY ADMINISTRATION.
        3083. LIABILITY.
  S 3080. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
  1.  "ADMINISTER"  MEANS TO DIRECTLY APPLY AN EPINEPHRINE AUTO-INJECTOR
TO THE BODY OF AN INDIVIDUAL.
  2. "AUTHORIZED ENTITY" MEANS  AN  ENTITY  OR  ORGANIZATION  AT  OR  IN
CONNECTION  WITH  WHICH  ALLERGENS  CAPABLE OF CAUSING A SEVERE ALLERGIC
REACTION MAY BE PRESENT. THE TERM  INCLUDES,  BUT  IS  NOT  LIMITED  TO,
RESTAURANTS,  RECREATION  CAMPS,  YOUTH  SPORTS LEAGUES, THEME PARKS AND
RESORTS, ENTERTAINMENT VENUES AND SPORTS ARENAS.
  3. "AUTHORIZED HEALTH CARE PRACTITIONER" MEANS A LICENSED PRACTITIONER
AUTHORIZED BY THE LAWS OF THE STATE TO PRESCRIBE DRUGS.
  4. "DEPARTMENT" MEANS THE DEPARTMENT OF HEALTH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10584-02-5

S. 4935--A                          2

  5. "EPINEPHRINE AUTO-INJECTOR" MEANS A SINGLE-USE DEVICE USED FOR  THE
AUTOMATIC  INJECTION OF A PREMEASURED DOSE OF EPINEPHRINE INTO THE HUMAN
BODY.
  6.  "SELF-ADMINISTRATION" MEANS AN INDIVIDUAL'S DISCRETIONARY ADMINIS-
TRATION OF AN EPINEPHRINE AUTO-INJECTOR ON HERSELF OR HIMSELF.
  S 3081. EMERGENCY ALLERGY  TREATMENT.  1.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW  TO THE CONTRARY, THIS SECTION ALLOWS FOR THE CERTIF-
ICATION OF PERSONS TO ADMINISTER LIFESAVING TREATMENT TO INDIVIDUALS WHO
HAVE SEVERE ALLERGIC REACTIONS  WHEN  A  PHYSICIAN  IS  NOT  IMMEDIATELY
AVAILABLE.
  2. THE DEPARTMENT MAY:
  (A)  ADOPT  RULES NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTI-
CLE.
  (B) CONDUCT EDUCATIONAL TRAINING PROGRAMS AS DESCRIBED IN  SUBDIVISION
THREE  OF THIS SECTION AND APPROVE PROGRAMS CONDUCTED BY OTHER ORGANIZA-
TIONS OR GOVERNMENTAL AGENCIES.
  (C) ISSUE AND RENEW CERTIFICATES  OF  TRAINING  TO  PERSONS  WHO  HAVE
COMPLIED WITH THIS SECTION AND THE RULES ADOPTED BY THE DEPARTMENT.
  (D)  COLLECT FEES NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTI-
CLE.
  3. EDUCATIONAL TRAINING PROGRAMS REQUIRED BY  THIS  SECTION  SHALL  BE
CONDUCTED  BY A NATIONALLY RECOGNIZED ORGANIZATION EXPERIENCED IN TRAIN-
ING LAYPERSONS IN EMERGENCY HEALTH TREATMENT OR AN ENTITY OR  INDIVIDUAL
APPROVED BY THE DEPARTMENT. THE CURRICULUM MUST INCLUDE AT A MINIMUM:
  (A)  RECOGNITION OF THE SYMPTOMS OF SYSTEMIC REACTIONS TO FOOD, INSECT
STINGS, AND OTHER ALLERGENS; AND
  (B) THE PROPER ADMINISTRATION OF AN EPINEPHRINE AUTO-INJECTOR.
  4. A CERTIFICATE OF TRAINING MAY BE GIVEN TO A PERSON WHO:
  (A) IS EIGHTEEN YEARS OF AGE OR OLDER;
  (B) HAS, OR REASONABLY EXPECTS TO HAVE, RESPONSIBILITY FOR OR  CONTACT
WITH AT LEAST ONE OTHER PERSON AS A RESULT OF HIS OR HER OCCUPATIONAL OR
VOLUNTEER STATUS, INCLUDING, BUT NOT LIMITED TO, A CAMP COUNSELOR, SCOUT
LEADER, FOREST RANGER, TOUR GUIDE, MANAGER, WAIT STAFF OR CHAPERONE; AND
  (C)  HAS  SUCCESSFULLY  COMPLETED  AN  EDUCATIONAL TRAINING PROGRAM AS
DESCRIBED IN SUBDIVISION THREE OF THIS SECTION.
  5. A PERSON WHO SUCCESSFULLY COMPLETES AN EDUCATIONAL TRAINING PROGRAM
MAY OBTAIN A CERTIFICATE UPON APPLICATION TO THE DEPARTMENT ACCORDING TO
SUCH REGULATION AS THE DEPARTMENT MAY PROMULGATE.
  6. AN AUTHORIZED ENTITY WHICH HAS ONE OR MORE VOLUNTEERS OR  EMPLOYEES
WHO  HAVE  SUCCESSFULLY  COMPLETED  AN  EDUCATIONAL PROGRAM MAY OBTAIN A
CERTIFICATE AUTHORIZING SUCH ENTITY TO OBTAIN A CERTIFICATE  AUTHORIZING
THE   HOLDER   TO  RECEIVE,  UPON  PRESENTMENT  OF  THE  CERTIFICATE,  A
PRESCRIPTION FOR EPINEPHRINE AUTO-INJECTORS FROM  AN  AUTHORIZED  HEALTH
CARE PRACTITIONER OR THE DEPARTMENT. THE CERTIFICATE ALSO AUTHORIZES THE
HOLDER,  IN  AN  EMERGENCY SITUATION WHEN A PHYSICIAN IS NOT IMMEDIATELY
AVAILABLE, TO POSSESS AND ADMINISTER, OR DELIVER A  PRESCRIBED  EPINEPH-
RINE AUTO-INJECTOR TO A PERSON EXPERIENCING A SEVERE ALLERGIC REACTION.
  S  3082.  EPINEPHRINE AUTO-INJECTORS; EMERGENCY ADMINISTRATION.  1. AN
AUTHORIZED HEALTH CARE PRACTITIONER MAY PRESCRIBE  EPINEPHRINE  AUTO-IN-
JECTORS  IN  THE NAME OF AN AUTHORIZED ENTITY FOR USE IN ACCORDANCE WITH
THIS SECTION, AND PHARMACISTS MAY  DISPENSE  EPINEPHRINE  AUTO-INJECTORS
PURSUANT TO A PRESCRIPTION ISSUED IN THE NAME OF AN AUTHORIZED ENTITY.
  2.  AN AUTHORIZED ENTITY MAY ACQUIRE AND STOCK A SUPPLY OF EPINEPHRINE
AUTO-INJECTORS PURSUANT TO A PRESCRIPTION ISSUED IN ACCORDANCE WITH THIS
SECTION.  SUCH EPINEPHRINE AUTO-INJECTORS MUST BE STORED  IN  ACCORDANCE
WITH  THE  EPINEPHRINE AUTO-INJECTOR'S INSTRUCTIONS FOR USE AND WITH ANY

S. 4935--A                          3

ADDITIONAL REQUIREMENTS THAT MAY BE ESTABLISHED BY  THE  DEPARTMENT.  AN
AUTHORIZED ENTITY SHALL DESIGNATE EMPLOYEES OR AGENTS WHO HOLD A CERTIF-
ICATE ISSUED PURSUANT TO SECTION THREE THOUSAND EIGHTY-ONE OF THIS ARTI-
CLE  TO  BE  RESPONSIBLE FOR THE STORAGE, MAINTENANCE, AND GENERAL OVER-
SIGHT OF EPINEPHRINE AUTO-INJECTORS ACQUIRED BY THE AUTHORIZED ENTITY.
  3. AN INDIVIDUAL WHO HOLDS A CERTIFICATE ISSUED  PURSUANT  TO  SECTION
THREE  THOUSAND EIGHTY-ONE OF THIS ARTICLE MAY, ON THE PREMISES OF OR IN
CONNECTION WITH THE AUTHORIZED ENTITY,  USE  EPINEPHRINE  AUTO-INJECTORS
PRESCRIBED PURSUANT TO SUBDIVISION ONE OF THIS SECTION TO:
  (A) PROVIDE AN EPINEPHRINE AUTO-INJECTOR TO A PERSON WHO THE CERTIFIED
INDIVIDUAL  IN  GOOD  FAITH  BELIEVES  IS EXPERIENCING A SEVERE ALLERGIC
REACTION FOR THAT PERSON'S IMMEDIATE SELF-ADMINISTRATION, REGARDLESS  OF
WHETHER  THE  PERSON HAS A PRESCRIPTION FOR AN EPINEPHRINE AUTO-INJECTOR
OR HAS PREVIOUSLY BEEN DIAGNOSED WITH AN ALLERGY.
  (B) ADMINISTER AN EPINEPHRINE AUTO-INJECTOR TO A PERSON WHO THE CERTI-
FIED INDIVIDUAL IN GOOD FAITH BELIEVES IS EXPERIENCING A SEVERE ALLERGIC
REACTION, REGARDLESS OF WHETHER THE PERSON HAS  A  PRESCRIPTION  FOR  AN
EPINEPHRINE  AUTO-INJECTOR  OR  HAS  PREVIOUSLY  BEEN  DIAGNOSED WITH AN
ALLERGY.
  4. AN AUTHORIZED ENTITY THAT ACQUIRES A STOCK  SUPPLY  OF  EPINEPHRINE
AUTO-INJECTORS PURSUANT TO A PRESCRIPTION ISSUED BY AN AUTHORIZED HEALTH
CARE  PRACTITIONER IN ACCORDANCE WITH THIS SECTION MAY MAKE THE AUTO-IN-
JECTORS AVAILABLE TO INDIVIDUALS OTHER THAN CERTIFIED INDIVIDUALS  IDEN-
TIFIED  IN  SUBDIVISION  THREE  OF  THIS  SECTION WHO MAY ADMINISTER THE
AUTO-INJECTOR TO A PERSON BELIEVED IN GOOD FAITH TO  BE  EXPERIENCING  A
SEVERE ALLERGIC REACTION IF THE EPINEPHRINE AUTO-INJECTORS ARE STORED IN
A  SECURE LOCATION AND ARE MADE AVAILABLE ONLY UPON REMOTE AUTHORIZATION
BY AN AUTHORIZED ENTITY, A 911 EMERGENCY REPRESENTATIVE, A PERSON  HOLD-
ING A CURRENT CERTIFICATE OF TRAINING OR AN AUTHORIZED HEALTH CARE PRAC-
TITIONER AFTER CONSULTATION WITH THE AUTHORIZED HEALTH CARE PRACTITIONER
BY  AUDIO, OR OTHER MEANS OF ELECTRONIC COMMUNICATION. CONSULTATION WITH
AN AUTHORIZED HEALTH CARE PRACTITIONER FOR THIS PURPOSE IS  NOT  CONSID-
ERED  THE  PRACTICE  OF TELEMEDICINE OR OTHERWISE CONSTRUED AS VIOLATING
ANY LAW OR RULE REGULATING THE  AUTHORIZED  HEALTH  CARE  PRACTITIONER'S
PROFESSIONAL PRACTICE.
  S 3083. LIABILITY. AN AUTHORIZED ENTITY AND/OR ITS AGENTS OR EMPLOYEES
SHALL  INCUR  NO LEGAL OR FINANCIAL LIABILITY AS A RESULT OF ANY HARM OR
INJURY SUSTAINED BY A PERSON CAUSED BY REASONABLE AND GOOD FAITH COMPLI-
ANCE WITH THIS ARTICLE.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made and completed
on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.