Requires epinephrine auto-injector devices at children's overnight, summer day and traveling summer day camps.
TITLE OF BILL: An act to amend the public health law, in relation to requiring epinephrine auto-injector devices at children's overnight, summer day and traveling summer camps
PURPOSE OR GENERAL IDEA OF BILL: This bill will require children's overnight, summer day and traveling summer camps to stock epinephrine auto-injector devices.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends paragraph (a) of subdivision 1 of section 3000-c of the public health law, as amended by chapter 350 of the laws of 2001 to delete references to children's summer day camps.
Section two amends the public health law by adding a new section 1392-b that defines "emergency health care provider." The section requires that all entities operating children's summer camps must maintain a collaborative agreement with an emergency health care provide and keep epinephrine auto-injectors on the premises. This section outlines the requirements for this collaborative agreement. Regulations regarding possession and use of epinephrine auto-injector devices are laid out. Use of such devices is considered first aid or emergency treatment for the purpose of any statute relating to liability.
Section three sets out the effective date.
JUSTIFICATION: Over the last 10 years, allergies have reached epidemic proportions. More than 2 million Americans suffer from anaphylaxis. The main causes are insect stings or ingesting food or medication to which someone is allergic. Children can face anaphylactic reactions including hives, swellings, difficulty breathing, coma and death. Unless they are given immediate attention for anaphylactic shock, usually in the form of epinephrine, children can die.
Epinephrine auto-injectors are used to treat anaphylactic shock and their availability in a given situation may be a matter of life and death. They are commonly prescribed to and carried by persons with severe allergies because they can be self-administered and are fast-acting. Epinephrine is a form of adrenaline and is an effective treatment for an anaphylactic reaction. It works rapidly, reducing the swelling in the chest and airways to ease breathing. In most cases, epinephrine fully prevents or reverses an anaphylactic reaction, Governor Pataki signed the Epinephrine Auto-Injector Device Law in 1999. This law permits the possession and use of epinephrine auto-injectors by non-certified and non-licensed personnel (including specially trained staff in children's day, overnight, and traveling camps), as well as health care providers certified at the level that would normally allow for administration of medication. This law's intent was to encourage greater acquisition and use of epinephrine auto-injectors in order to reduce the number of deaths associated with anaphylaxis.
However, children's summer camps currently have only the option of carrying epinephrine auto-injectors. It is not required that they do so. At the same time, children who participate in summer camp activities are exposed to foods and outdoor situation's that may be new to them and that may potentially lead to life-threatening events (such as bee stings or food allergies) and therefore to anaphylaxis. This bill would require summer camps to have epinephrine auto-injectors available in the event of such an emergency.
PRIOR LEGISLATIVE HISTORY: A.1771 of 2011-2012 A9884 of 2010.
FISCAL IMPLICATIONS: none
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be added, amended and/or repealed on or before such date.
STATE OF NEW YORK ________________________________________________________________________ 5159 2013-2014 Regular Sessions IN SENATE May 13, 2013 ___________Introduced by Sen. HOYLMAN -- 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 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: Section 1. 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; OR (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; and all subject to regulations of the commissioner. S 2. The public health law is amended by adding a new section 1392-b to read as follows: S 1392-B. EPINEPHRINE AUTO-INJECTOR DEVICES REQUIRED. 1. DEFINITIONS. AS USED IN THIS SECTION, "EMERGENCY HEALTH CARE PROVIDER" MEANS (A) A PHYSICIAN WITH KNOWLEDGE AND EXPERIENCE IN THE DELIVERY OF EMERGENCY CARE; OR (B) A HOSPITAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER THAT PROVIDES EMERGENCY CARE.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02324-01-3 S. 5159 2
2. COLLABORATIVE AGREEMENT. (A) EVERY PERSON, FIRM, LIMITED LIABILITY COMPANY, ASSOCIATION AND CORPORATION WHICH OPERATES A CHILDREN'S OVER- NIGHT, SUMMER DAY AND TRAVELING SUMMER DAY CAMP, AS DEFINED IN THIS ARTICLE, SHALL MAINTAIN A COLLABORATIVE AGREEMENT WITH AN EMERGENCY HEALTH CARE PROVIDER AND SHALL HAVE ON THE PREMISES AN EPINEPHRINE AUTO-INJECTOR DEVICE. (B) THE COLLABORATIVE AGREEMENT REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION 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, LIMITED LIABILITY COMPANY, ORGANIZATION OR ENTITY OPERATING THE CHIL- DREN'S OVERNIGHT, SUMMER DAY AND TRAVELING SUMMER DAY CAMP SHALL FILE A COPY OF THE COLLABORATIVE AGREEMENT WITH THE DEPARTMENT AND WITH THE APPROPRIATE REGIONAL COUNCIL PRIOR THE USING ANY EPINEPHRINE AUTO-INJEC- TOR DEVICE. 3. POSSESSION AND USE OF EPINEPHRINE AUTO-INJECTOR DEVICES. POSSESSION AND USE OF EPINEPHRINE AUTO-INJECTOR DEVICES SHALL BE LIMITED AS FOLLOWS: (A) NO PERSON SHALL USE AN EPINEPHRINE AUTO-INJECTOR DEVICE UNLESS SUCH PERSON SHALL HAVE SUCCESSFULLY COMPLETED A TRAINING COURSE IN THE USE OF EPINEPHRINE AUTO-INJECTOR DEVICES APPROVED BY THE COMMISSIONER PURSUANT TO THE RULES OF THE DEPARTMENT. THIS SECTION DOES NOT PROHIBIT THE USE OF AN EPINEPHRINE AUTO-INJECTOR DEVICE (I) BY A HEALTH CARE PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCATION 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 EPINEPHRINE AUTO-INJECTOR DEVICES PURSUANT TO THIS SECTION SHALL USE, MAINTAIN AND DISPOSE OF SUCH DEVICES PURSUANT TO REGULATIONS OF THE DEPARTMENT. (C) EVERY USE OF AN EPINEPHRINE AUTO-INJECTOR DEVICE PURSUANT TO THIS SECTION SHALL IMMEDIATELY BE REPORTED TO THE EMERGENCY HEALTH CARE PROVIDER. 4. APPLICATION OF OTHER LAWS. (A) USE OF AN EPINEPHRINE AUTO-INJECTOR DEVICE PURSUANT TO THIS SECTION SHALL BE CONSIDERED FIRST AID OR EMER- GENCY TREATMENT FOR THE PURPOSE OF ANY STATUTE RELATING TO LIABILITY. (B) PURCHASE, ACQUISITION, POSSESSION OR USE OF AN EPINEPHRINE AUTO-INJECTOR DEVICE 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 AN EPINEPHRINE AUTO-INJECTOR DEVICE MAY SELL OR PROVIDE IT TO A PERSON AUTHORIZED TO POSSESS IT PURSUANT TO THIS SECTION. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be added, amended and/or repealed on or before such date.