senate Bill S5159

2013-2014 Legislative Session

Requires epinephrine auto-injector devices at children's overnight, summer day and traveling summer camps

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
May 13, 2013 referred to health

S5159 - Bill Details

See Assembly Version of this Bill:
A262
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §3000-c, add §1392-b, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A1771
2009-2010: A9884

S5159 - Bill Texts

view summary

Requires epinephrine auto-injector devices at children's overnight, summer day and traveling summer day camps.

view sponsor memo
BILL NUMBER:S5159

TITLE OF BILL: An act to amend the public health law, in relation to
requiring epinephrine auto-injector devices at children's overnight,
summer day and traveling summer camps

PURPOSE OR GENERAL IDEA OF BILL: This bill will require children's
overnight, summer day and traveling summer camps to stock epinephrine
auto-injector devices.

SUMMARY OF SPECIFIC PROVISIONS:

Section one 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 delete references to children's summer day camps.

Section two amends the public health law by adding a new section
1392-b that defines "emergency health care provider." The section
requires that all entities operating children's summer camps must
maintain a collaborative agreement with an emergency health care
provide and keep epinephrine auto-injectors on the premises. This
section outlines the requirements for this collaborative agreement.
Regulations regarding possession and use of epinephrine auto-injector
devices are laid out. Use of such devices is considered first aid or
emergency treatment for the purpose of any statute relating to
liability.

Section three sets out the effective date.

JUSTIFICATION: Over the last 10 years, allergies have reached
epidemic proportions. More than 2 million Americans suffer from
anaphylaxis. The main causes are insect stings or ingesting food or
medication to which someone is allergic. Children can face
anaphylactic reactions including hives, swellings, difficulty
breathing, coma and death. Unless they are given immediate attention
for anaphylactic shock, usually in the form of epinephrine, children
can die.

Epinephrine auto-injectors are used to treat anaphylactic shock and
their availability in a given situation may be a matter of life and
death. They are commonly prescribed to and carried by persons with
severe allergies because they can be self-administered and are
fast-acting. Epinephrine is a form of adrenaline and is an effective
treatment for an anaphylactic reaction. It works rapidly, reducing the
swelling in the chest and airways to ease breathing. In most cases,
epinephrine fully prevents or reverses an anaphylactic reaction,
Governor Pataki signed the Epinephrine Auto-Injector Device Law in
1999. This law permits the possession and use of epinephrine
auto-injectors by non-certified and non-licensed personnel (including
specially trained staff in children's day, overnight, and traveling
camps), as well as health care providers certified at the level that
would normally allow for administration of medication. This law's
intent was to encourage greater acquisition and use of epinephrine
auto-injectors in order to reduce the number of deaths associated with
anaphylaxis.


However, children's summer camps currently have only the option of
carrying epinephrine auto-injectors. It is not required that they do
so. At the same time, children who participate in summer camp
activities are exposed to foods and outdoor situation's that may be
new to them and that may potentially lead to life-threatening events
(such as bee stings or food allergies) and therefore to anaphylaxis.
This bill would require summer camps to have epinephrine
auto-injectors available in the event of such an emergency.

PRIOR LEGISLATIVE HISTORY: A.1771 of 2011-2012 A9884 of 2010.

FISCAL IMPLICATIONS: none

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law; provided that any
rules and regulations necessary to implement the provisions of this
act on its effective date are authorized and directed to be added,
amended and/or repealed on or before such date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5159

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 13, 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 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:

  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; OR (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)] any other
person, firm, organization or entity designated pursuant to  regulations
of the commissioner in consultation with other appropriate agencies; and
all subject to regulations of the commissioner.
  S  2.  The public health law is amended by adding a new section 1392-b
to read as follows:
  S 1392-B. EPINEPHRINE AUTO-INJECTOR DEVICES REQUIRED. 1.  DEFINITIONS.
AS USED IN THIS SECTION, "EMERGENCY HEALTH CARE PROVIDER"  MEANS  (A)  A
PHYSICIAN  WITH  KNOWLEDGE  AND  EXPERIENCE IN THE DELIVERY OF EMERGENCY
CARE; OR (B) A HOSPITAL LICENSED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THIS
CHAPTER THAT PROVIDES EMERGENCY CARE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02324-01-3

S. 5159                             2

  2.  COLLABORATIVE AGREEMENT. (A) EVERY PERSON, FIRM, LIMITED LIABILITY
COMPANY, ASSOCIATION AND CORPORATION WHICH OPERATES A  CHILDREN'S  OVER-
NIGHT,  SUMMER  DAY  AND  TRAVELING  SUMMER DAY CAMP, AS DEFINED IN THIS
ARTICLE, SHALL MAINTAIN A  COLLABORATIVE  AGREEMENT  WITH  AN  EMERGENCY
HEALTH  CARE  PROVIDER  AND  SHALL  HAVE  ON THE PREMISES AN EPINEPHRINE
AUTO-INJECTOR DEVICE.
  (B) THE COLLABORATIVE AGREEMENT REQUIRED PURSUANT TO PARAGRAPH (A)  OF
THIS  SUBDIVISION  SHALL  INCLUDE  A WRITTEN AGREEMENT THAT INCORPORATES
WRITTEN PRACTICE PROTOCOLS,  AND  POLICIES  AND  PROCEDURES  THAT  SHALL
ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. THE PERSON, FIRM,
LIMITED  LIABILITY  COMPANY,  ORGANIZATION OR ENTITY OPERATING THE CHIL-
DREN'S OVERNIGHT, SUMMER DAY AND TRAVELING SUMMER DAY CAMP SHALL FILE  A
COPY  OF  THE  COLLABORATIVE  AGREEMENT WITH THE DEPARTMENT AND WITH THE
APPROPRIATE REGIONAL COUNCIL PRIOR THE USING ANY EPINEPHRINE AUTO-INJEC-
TOR DEVICE.
  3. POSSESSION AND USE OF EPINEPHRINE AUTO-INJECTOR DEVICES. POSSESSION
AND USE  OF  EPINEPHRINE  AUTO-INJECTOR  DEVICES  SHALL  BE  LIMITED  AS
FOLLOWS:
  (A)  NO  PERSON  SHALL  USE AN EPINEPHRINE AUTO-INJECTOR DEVICE UNLESS
SUCH PERSON SHALL HAVE SUCCESSFULLY COMPLETED A TRAINING COURSE  IN  THE
USE  OF  EPINEPHRINE  AUTO-INJECTOR DEVICES APPROVED BY THE COMMISSIONER
PURSUANT TO THE RULES OF THE DEPARTMENT. THIS SECTION DOES NOT  PROHIBIT
THE  USE  OF  AN  EPINEPHRINE  AUTO-INJECTOR DEVICE (I) BY A HEALTH CARE
PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE EIGHT  OF  THE  EDUCATION
LAW  ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE, OR (II) BY A PERSON
ACTING PURSUANT TO A LAWFUL PRESCRIPTION.
  (B) EVERY PERSON, FIRM, ORGANIZATION AND ENTITY AUTHORIZED TO  POSSESS
AND USE EPINEPHRINE AUTO-INJECTOR DEVICES PURSUANT TO THIS SECTION SHALL
USE, MAINTAIN AND DISPOSE OF SUCH DEVICES PURSUANT TO REGULATIONS OF THE
DEPARTMENT.
  (C)  EVERY USE OF AN EPINEPHRINE AUTO-INJECTOR DEVICE PURSUANT TO THIS
SECTION SHALL IMMEDIATELY BE  REPORTED  TO  THE  EMERGENCY  HEALTH  CARE
PROVIDER.
  4.  APPLICATION OF OTHER LAWS. (A) USE OF AN EPINEPHRINE AUTO-INJECTOR
DEVICE PURSUANT TO THIS SECTION SHALL BE CONSIDERED FIRST AID  OR  EMER-
GENCY TREATMENT FOR THE PURPOSE OF ANY STATUTE RELATING TO LIABILITY.
  (B)  PURCHASE,  ACQUISITION,  POSSESSION  OR  USE  OF  AN  EPINEPHRINE
AUTO-INJECTOR DEVICE PURSUANT TO THIS SECTION SHALL NOT  CONSTITUTE  THE
UNLAWFUL  PRACTICE  OF A PROFESSION OR OTHER VIOLATION UNDER TITLE EIGHT
OF THE EDUCATION LAW OR ARTICLE THIRTY-THREE OF THIS CHAPTER.
  (C) ANY PERSON OTHERWISE AUTHORIZED TO SELL OR PROVIDE AN  EPINEPHRINE
AUTO-INJECTOR  DEVICE  MAY  SELL OR PROVIDE IT TO A PERSON AUTHORIZED TO
POSSESS IT PURSUANT TO THIS SECTION.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided  that  any  rules  and  regulations
necessary  to implement the provisions of this act on its effective date
are authorized and directed to be added, amended and/or repealed  on  or
before such date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.