Bill Text: NY S01078 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires that functional epinephrine auto-injector devices be made available in places of public assembly and that at least one employee or volunteer of such place of public assembly be trained in its proper operation and use and be present at each facility function.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2024-05-29 - SUBSTITUTED BY A2885A [S01078 Detail]

Download: New_York-2023-S01078-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1078

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 10, 2023
                                       ___________

        Introduced by Sen. GOUNARDES -- 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 that
          functional epinephrine auto-injector  devices  be  made  available  in
          places  of public assembly and that at least one employee or volunteer
          of such place of public assembly be trained in  its  proper  operation
          and use and be present at each facility function

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 225 of the public health law is amended by adding a
     2  new subdivision 5-d to read as follows:
     3    5-d. Places  of  public  assembly  on-site  epinephrine  auto-injector
     4  devices.
     5    (a)  Notwithstanding  the  provisions  of paragraph (r) of subdivision
     6  five of this section and section three thousand-c of this  chapter,  the
     7  sanitary code shall provide that each place of public assembly as speci-
     8  fied  in  this  section shall be required to maintain and make available
     9  on-site epinephrine auto-injector devices, as defined in  paragraph  (b)
    10  of subdivision one of section three thousand-c of this chapter, in quan-
    11  tities  and  types  deemed  by the commissioner to be adequate to ensure
    12  ready and appropriate access for use during emergencies.
    13    (b) Whenever places of public assembly are used for public or  private
    14  sponsored  events or activities the owners, operators and administrators
    15  responsible for such place of public assembly shall ensure the  presence
    16  of  at  least  one staff person or volunteer who is trained, pursuant to
    17  paragraph (c) of subdivision two of section  three  thousand-c  of  this
    18  chapter,  in  the  operation  and  use  of  an epinephrine auto-injector
    19  device.
    20    (c) For the purposes of this subdivision, "places of public  assembly"
    21  shall  mean  those  with  an occupancy capacity of at least one thousand
    22  people and shall include: (i) all stadiums, ballparks, gymnasiums, field

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02696-01-3
        S. 1078                             2

     1  houses, arenas, civic  centers  and  similar  facilities  used  for  the
     2  conduct of sporting events; and (ii) concert halls, recital halls, thea-
     3  tres, indoor and outdoor amphitheaters or other auditoriums used for the
     4  presentation  of musical renditions or concerts. Places of public assem-
     5  bly shall not include halls owned by churches, religious  organizations,
     6  granges,  public  associations,  or free libraries as defined by section
     7  two hundred fifty-three of the education law.
     8    (d) Places of public assembly and staff pursuant to paragraphs (a) and
     9  (b) of this subdivision shall be subject to the requirements and limita-
    10  tions of section three thousand-c of this chapter.
    11    (e) Pursuant to sections three thousand-a and three thousand-c of this
    12  chapter, any public access epinephrine auto-injector device provider, or
    13  any employee or other agent of the provider who, in accordance with  the
    14  provisions of this section, voluntarily and without expectation of mone-
    15  tary compensation renders emergency medical or first aid treatment using
    16  an epinephrine auto-injector device which has been made available pursu-
    17  ant  to  this  section,  to a person who is unconscious, ill or injured,
    18  shall be liable only pursuant to section three thousand-a of this  chap-
    19  ter.
    20    (f) Nothing in this subdivision shall be construed to prohibit a poli-
    21  tical  subdivision of the state from continuing to implement and enforce
    22  any local law or regulation related  to  the  placement  of  epinephrine
    23  auto-injector  devices  in  places of public assembly as defined in this
    24  subdivision, in effect prior to the effective date of this  subdivision.
    25  Where  a  political  subdivision  has a local law in effect prior to the
    26  effective date of this subdivision, the provisions of  this  subdivision
    27  shall have no force and effect until such time as the political subdivi-
    28  sion repeals its local law.
    29    §  2.  Paragraph  (f) of subdivision 2 of section 3000-c of the public
    30  health law, as added by chapter 373 of the laws of 2016, is  amended  to
    31  read as follows:
    32    (f) Nothing in this section shall require any eligible person or enti-
    33  ty to acquire, possess, store, make available, or administer an epineph-
    34  rine  auto-injector,  except  as  provided  for in subdivision five-d of
    35  section two hundred twenty-five of this chapter.
    36    § 3. This act shall take effect immediately.