Bill Text: NY A03927 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to epinephrine injector devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to health [A03927 Detail]

Download: New_York-2021-A03927-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3927

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 29, 2021
                                       ___________

        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01732-01-1
        A. 3927                             2

     1  village having a population of less than one million; and (vi) any other
     2  person  or entity designated or approved, or in a category designated or
     3  approved pursuant to regulations of  the  commissioner  in  consultation
     4  with other appropriate agencies.
     5    (b)  "Epinephrine  [auto-injector] injector device" means a single-use
     6  device used for the [automatic]  injection  of  a  premeasured  dose  of
     7  epinephrine  into  the human body for the purpose of emergency treatment
     8  of a person appearing to experience anaphylactic  symptoms  approved  by
     9  the food and drug administration.
    10    (c)  "Health  care  practitioner"  means  a  health  care practitioner
    11  licensed, certified, or authorized to practice under title eight of  the
    12  education  law who is authorized thereby to administer drugs, and who is
    13  acting within the scope of his or her practice.
    14    2. Possession and use. (a) Any eligible person or entity may purchase,
    15  acquire, possess and use epinephrine  [auto-injector]  injector  devices
    16  for emergency treatment of a person appearing to experience anaphylactic
    17  symptoms, under this section.
    18    (b)  An eligible person or entity shall designate one or more individ-
    19  uals who have completed the training required by paragraph (c)  of  this
    20  subdivision to be responsible for the storage, maintenance, control, and
    21  general  oversight of the epinephrine [auto-injectors] injector acquired
    22  by the eligible person or entity.
    23    (c) No one may use an epinephrine [auto-injector] injector  device  on
    24  behalf of an eligible person or entity unless he or she has successfully
    25  completed  a  training  course in the use of epinephrine [auto-injector]
    26  injector devices conducted by a nationally recognized organization expe-
    27  rienced in training laypersons in emergency health treatment  or  by  an
    28  entity  or  individual approved by the commissioner, or is directed in a
    29  specific instance to use an epinephrine [auto-injector] injector  device
    30  by  a  health care practitioner. The training required by this paragraph
    31  shall include (i) how to recognize signs and symptoms of severe allergic
    32  reactions, including anaphylaxis; (ii) recommended dosage for adults and
    33  children; (iii) standards and procedures for the  storage  and  adminis-
    34  tration  of  an epinephrine [auto-injector] injector; and (iv) emergency
    35  follow-up procedures.
    36    (d) This section does not prohibit the use of an epinephrine [auto-in-
    37  jector] injector device (i) by a health care practitioner or (ii)  by  a
    38  person acting pursuant to a lawful patient-specific prescription.
    39    (e)  Every  eligible  person  and entity authorized to possess and use
    40  epinephrine [auto-injector] injector devices pursuant  to  this  section
    41  shall  use, maintain and dispose of such devices pursuant to regulations
    42  of the department.
    43    (f) Nothing in this section shall require any eligible person or enti-
    44  ty to acquire, possess, store, make available, or administer an epineph-
    45  rine [auto-injector] injector.
    46    3. Prescriptions. (a) A health care practitioner who is authorized  to
    47  prescribe drugs may prescribe, dispense or provide an epinephrine [auto-
    48  injector]  injector  device  to or for an eligible person or entity by a
    49  non-patient-specific prescription.
    50    (b) A pharmacist may dispense an epinephrine [auto-injector]  injector
    51  pursuant to a non-patient-specific prescription under this subdivision.
    52    (c)  This subdivision does not limit any other authority a health care
    53  practitioner or pharmacist has to prescribe, dispense, provide or admin-
    54  ister an epinephrine [auto-injector] injector device.
    55    4. Application of other laws. (a) Use of an  epinephrine  [auto-injec-
    56  tor]  injector device pursuant to this section shall be considered first
        A. 3927                             3

     1  aid or emergency treatment for the purpose of any  statute  relating  to
     2  liability.
     3    (b)  Purchase, acquisition, possession or use of an epinephrine [auto-
     4  injector] injector device pursuant to this section shall not  constitute
     5  the  unlawful  practice  of  a profession or other violation under title
     6  eight of the education law or article thirty-three of this chapter.
     7    (c) Any person otherwise authorized to sell or provide an  epinephrine
     8  [auto-injector]  injector  device  may sell or provide it to a person or
     9  entity authorized to possess it pursuant to this section.
    10    § 2. This act shall take effect immediately.