STATE OF NEW YORK ________________________________________________________________________ 1828 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred 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: 1 Section 1. Paragraph (a) of subdivision 1 of section 3000-c of the 2 public health law, as amended by chapter 194 of the laws of 2021, 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 city, town or village having a population of less 7 than one million, emergency medical technician, or advanced emergency 8 medical technician, who is employed by or an enrolled member of any such 9 service; (ii) [a children's overnight camp as defined in subdivision one 10 of section thirteen hundred ninety-two of this chapter, a summer day 11 camp as defined in subdivision two of section thirteen hundred ninety- 12 two of this chapter, a traveling summer day camp as defined in subdivi- 13 sion three of section thirteen hundred ninety-two of this chapter or a 14 person employed by such a camp; (iii)] a school district, board of coop- 15 erative educational services, county vocational education and extension 16 board, charter school, and non-public elementary and secondary school in 17 this state or any person employed by any such entity, or employed by a 18 contractor of such an entity while performing services for the entity; 19 [(iv)] (iii) a sports, entertainment, amusement, education, government, 20 day care or retail facility; an educational institution, youth organiza- 21 tion or sports league; an establishment that serves food; or a person 22 employed by such entity; [(v)] (iv) a police officer or peace officer in 23 a city, town or village having a population of less than one million; 24 [(vi)] (v) forest rangers, park rangers and environmental conservation EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06693-01-3
A. 1828 2 1 police officers; [and (vii)] or (vi) any other person or entity desig- 2 nated or approved, or in a category designated or approved pursuant to 3 regulations of the commissioner in consultation with other appropriate 4 agencies. 5 § 2. The public health law is amended by adding a new section 1392-b 6 to read as follows: 7 § 1392-b. Epinephrine auto-injector devices required. 1. Definitions. 8 As used in this section, "emergency health care provider" means (a) a 9 physician with knowledge and experience in the delivery of emergency 10 care; or (b) a hospital licensed under article twenty-eight of this 11 chapter that provides emergency care. 12 2. Collaborative agreement. (a) Every person, firm, limited liability 13 company, association and corporation which operates a children's over- 14 night, summer day and traveling summer day camp, as defined in this 15 article, shall maintain a collaborative agreement with an emergency 16 health care provider and shall have on the premises an epinephrine auto- 17 injector device. 18 (b) The collaborative agreement required pursuant to paragraph (a) of 19 this subdivision shall include a written agreement that incorporates 20 written practice protocols, and policies and procedures that shall 21 ensure compliance with the provisions of this section. The person, firm, 22 limited liability company, organization or entity operating the chil- 23 dren's overnight, summer day and traveling summer day camp shall file a 24 copy of the collaborative agreement with the department and with the 25 appropriate regional council prior to using any epinephrine auto-injec- 26 tor device. 27 3. Possession and use of epinephrine auto-injector devices. Possession 28 and use of epinephrine auto-injector devices shall be limited as 29 follows: 30 (a) No person shall use an epinephrine auto-injector device unless 31 such person shall have successfully completed a training course in the 32 use of epinephrine auto-injector devices approved by the commissioner 33 pursuant to the rules of the department. This section does not prohibit 34 the use of an epinephrine auto-injector device (i) by a health care 35 practitioner licensed or certified under title eight of the education 36 law acting within the scope of his or her practice, or (ii) by a person 37 acting pursuant to a lawful prescription. 38 (b) Every person, firm, organization and entity authorized to possess 39 and use epinephrine auto-injector devices pursuant to this section shall 40 use, maintain and dispose of such devices pursuant to regulations of the 41 department. 42 (c) Every use of an epinephrine auto-injector device pursuant to this 43 section shall immediately be reported to the emergency health care 44 provider. 45 4. Application of other laws. (a) Use of an epinephrine auto-injector 46 device pursuant to this section shall be considered first aid or emer- 47 gency treatment for the purpose of any statute relating to liability. 48 (b) Purchase, acquisition, possession or use of an epinephrine auto- 49 injector device pursuant to this section shall not constitute the unlaw- 50 ful practice of a profession or other violation under title eight of the 51 education law or article thirty-three of this chapter. 52 (c) Any person otherwise authorized to sell or provide an epinephrine 53 auto-injector device may sell or provide it to a person authorized to 54 possess it pursuant to this section. 55 § 3. This act shall take effect on the one hundred eightieth day after 56 it shall have become a law. Effective immediately, the addition, amend-
A. 1828 3 1 ment and/or repeal of any rule or regulation necessary for the implemen- 2 tation of this act on its effective date are authorized to be made and 3 completed on or before such effective date.