Bill Text: NY A00184 | 2025-2026 | General Assembly | Introduced

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Bill Title: Requires epinephrine devices at children's overnight, summer day and traveling summer day camps.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-08 - referred to health [A00184 Detail]

Download: New_York-2025-A00184-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           184

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Health

        AN ACT to amend the public health law, in relation to requiring epineph-
          rine 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:

     1    Section 1. Paragraph (a) of subdivision 1 of  section  3000-c  of  the
     2  public  health  law,  as  amended by chapter 472 of the laws of 2024, is
     3  amended to read as follows:
     4    (a) "Eligible person or entity" means: (i)  an  ambulance  service  or
     5  advanced  life support first response service; a certified first respon-
     6  der, firefighter in a county, city, town or village having a  population
     7  of  less  than  two  million  provided such county is not wholly located
     8  within a city with a population of  more  than  one  million,  emergency
     9  medical  technician,  or  advanced  emergency medical technician, who is
    10  employed by or an enrolled member of any such  service;  (ii)  [a  chil-
    11  dren's  overnight camp as defined in subdivision one of section thirteen
    12  hundred ninety-two of this chapter, a summer  day  camp  as  defined  in
    13  subdivision  two of section thirteen hundred ninety-two of this chapter,
    14  a traveling summer day camp as defined in subdivision three  of  section
    15  thirteen hundred ninety-two of this chapter or a person employed by such
    16  a  camp;  (iii)]  a  school  district,  board of cooperative educational
    17  services, county  vocational  education  and  extension  board,  charter
    18  school,  and non-public elementary and secondary school in this state or
    19  any person employed by any such entity, or employed by a  contractor  of
    20  such  an entity while performing services for the entity; [(iv)] (iii) a
    21  sports, entertainment, amusement, education,  government,  day  care  or
    22  retail  facility;  an  educational  institution,  youth  organization or
    23  sports league; an establishment that serves food; or a  person  employed
    24  by  such entity; [(v)] (iv) a police officer or peace officer in a coun-
    25  ty, city, town or village having a population of less than  two  million
    26  provided  such  county  is not wholly located within a city with a popu-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00948-01-5
        A. 184                              2

     1  lation of more than one million; [(vi)] (v) forest rangers, park rangers
     2  and environmental conservation police officers; [and (vii)] or (vi)  any
     3  other  person  or entity designated or approved, or in a category desig-
     4  nated or approved pursuant to regulations of the commissioner in consul-
     5  tation with other appropriate agencies.
     6    §  2.  The public health law is amended by adding a new section 1392-b
     7  to read as follows:
     8    § 1392-b. Epinephrine devices required. 1.   Definitions. As  used  in
     9  this  section,  "emergency  health  care provider" means (a) a physician
    10  with knowledge and experience in the delivery of emergency care; or  (b)
    11  a  hospital  licensed  under  article  twenty-eight of this chapter that
    12  provides emergency care.
    13    2. Collaborative agreement. (a) Every person, firm, limited  liability
    14  company,  association  and corporation which operates a children's over-
    15  night, summer day and traveling summer day  camp,  as  defined  in  this
    16  article,  shall  maintain  a  collaborative  agreement with an emergency
    17  health care provider and shall  have  on  the  premises  an  epinephrine
    18  device.
    19    (b)  The collaborative agreement required pursuant to paragraph (a) of
    20  this subdivision shall include a  written  agreement  that  incorporates
    21  written  practice  protocols,  and  policies  and  procedures that shall
    22  ensure compliance with the provisions of this section. The person, firm,
    23  limited liability company, organization or entity  operating  the  chil-
    24  dren's  overnight, summer day and traveling summer day camp shall file a
    25  copy of the collaborative agreement with the  department  and  with  the
    26  appropriate regional council prior to using any epinephrine device.
    27    3.  Possession  and  use of epinephrine devices. Possession and use of
    28  epinephrine devices shall be limited as follows:
    29    (a) No person shall use an epinephrine device unless such person shall
    30  have successfully completed a training course in the use of  epinephrine
    31  devices  approved  by  the  commissioner  pursuant  to  the rules of the
    32  department. This section does not prohibit the  use  of  an  epinephrine
    33  device  (i)  by  a  health care practitioner licensed or certified under
    34  title eight of the education law acting within the scope of such practi-
    35  tioner's practice, or (ii) by a  person  acting  pursuant  to  a  lawful
    36  prescription.
    37    (b)  Every person, firm, organization and entity authorized to possess
    38  and use epinephrine devices pursuant to this section shall use, maintain
    39  and dispose of such devices pursuant to regulations of the department.
    40    (c) Every use of an epinephrine device pursuant to this section  shall
    41  immediately be reported to the emergency health care provider.
    42    4.  Application of other laws. (a) Use of an epinephrine device pursu-
    43  ant to this section shall be considered first aid or emergency treatment
    44  for the purpose of any statute relating to liability.
    45    (b) Purchase, acquisition, possession or use of an epinephrine  device
    46  pursuant to this section shall not constitute the unlawful practice of a
    47  profession  or other violation under title eight of the education law or
    48  article thirty-three of this chapter.
    49    (c) Any person otherwise authorized to sell or provide an  epinephrine
    50  device  may  sell  or  provide  it  to a person authorized to possess it
    51  pursuant to this section.
    52    § 3. This act shall take effect on the one hundred eightieth day after
    53  it shall have become a law.  Effective immediately, the addition, amend-
    54  ment and/or repeal of any rule or regulation necessary for the implemen-
    55  tation of this act on its effective date are authorized to be  made  and
    56  completed on or before such effective date.