senate Bill S5019

2013-2014 Legislative Session

Requires the presence of epinephrine auto-injector devices on pre-school premises and on restaurant premises

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
May 06, 2013 referred to health

Co-Sponsors

S5019 - Bill Details

See Assembly Version of this Bill:
A7370
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง3000-c, Pub Health L

S5019 - Bill Texts

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Requires the presence of epinephrine auto-injector devices on pre-school premises and on restaurant premises.

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BILL NUMBER:S5019

TITLE OF BILL: An act to amend the public health law, in relation to
requiring the presence of epinephrine auto-injector devices on
pre-school premises and on restaurant premises

PURPOSE:

To require epinephrine auto-injectors (Epi-Pen) devices at pre-schools
and restaurants.

SUMMARY OF PROVISIONS:

Section One of the bill 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 add pre-schools and restaurants to the list of
entities authorized to keep Epi-Pens on premises.

EXISTING LAW:

Currently, Epi-Pens are not required at pre-school and restaurants.

JUSTIFICATION:

According to the New York State Department of Health (DOH), more than
2 million Americans suffer from anaphylaxis, a severe, potentially
life-threatening allergic reaction the main causes of which are insect
stings or ingesting food or medication to which an individual is
allergic. DOH notes that the allergic individual's best chance of
survival is an immediate injection of the medication epinephrine to
counteract the body's allergic response.

In 1999, Governor Pataki signed the Epinephrine Auto-Injector Device
Law, which allows specially trained staff in children's day,
overnight, and traveling camps to use an epinephrine auto-injector
device in life threatening emergencies. An epinephrine auto-injector
is an easy-to-use, pencil-like needle that injects a premeasured dose
of epinephrine into someone having an anaphylactic reaction.

According to the National Center for Health Statistics, from 1997 to
2007, the prevalence of reported food allergies increased 18% among
children under age 18 years. According ton "Increasing anaphylaxis
hospitalizations in the first 2 decades of life: New York State, 1990
-2006" published in the October 2008, Annals of Allergy, Asthma &
Immunology, "For patients younger than 20 years, the anaphylaxis
hospitalization rate increased by more than 4-fold during the study
period."

Give the increasing prevalence of Americans susceptible to severe food
allergies, it only makes sense to expand the potential availability of
epinephrine auto-injector devices to pre-school facilities and
restaurants, where individuals may inadvertently be exposed to foods
to which they have an anaphylactic reaction.

LEGISLATIVE HISTORY:

New bill


FISCAL IMPLICATIONS:

Minimal

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall become
law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5019

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 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  the
  presence  of  epinephrine auto-injector devices on pre-school premises
  and on restaurant premises

  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;  (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)  PRE-SCHOOL
FACILITIES;  (IV) RESTAURANTS; AND (V) any other person, firm, organiza-
tion or entity designated pursuant to regulations of the commissioner in
consultation with other appropriate agencies; and all subject  to  regu-
lations of the commissioner.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10740-01-3

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