NY State Senate Bill S6800

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 29, 2016	signed chap.373
Sep 20, 2016	delivered to governor
May 24, 2016	returned to senate passed assembly ordered to third reading cal.696 substituted for a9357
Mar 28, 2016	referred to health delivered to assembly passed senate
Mar 07, 2016	advanced to third reading
Mar 02, 2016	2nd report cal.
Mar 01, 2016	1st report cal.287
Feb 23, 2016	referred to health

Votes

Co-Sponsors

S6800 (ACTIVE) - Details

See Assembly Version of this Bill:: A9357
Law Section:: Public Health Law
Laws Affected:: Amd §§3000-c & 3000-a, Pub Health L

S6800 (ACTIVE) - Summary

Relates to the use of epinephrine auto-injector devices.

S6800 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S6800

 TITLE OF BILL :

An act to amend the public health law, in relation to the use of
epinephrine auto-injector devices

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would authorize, but not mandate, public venues such as
restaurants, youth organizations, sports leagues, theme parks, sport
arenas, day care and educational facilities to stock and administer
epinephrine auto-injectors in an emergency to individuals who appear
to experience anaphylactic symptoms.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends public health law Section 3000-c as
follows:

1. To include in the definition of eligible person or entity a sports,
entertainment, amusement, education, government, day care or retail
facility; an educational institution, youth organization or sports
league; an establishment that serves food; or a person employed by
such entity; and any other person, entity or entity in a category
approved or designated by the commissioner;

2. to add and define epinephrine auto-injector device and health care
practitioner and delete the term emergency health care provider;

3. to authorize an eligible person or entity to purchase, acquire,
possess and use epinephrine auto-injector devices for emergency
treatment of a person appearing to experience anaphylactic symptoms,
in accordance with this section; and designate one or more persons who
have completed the training required in subsection (c) to be
responsible for the storage, maintenance, control and general
oversight of the epinephrine auto-injectors acquired by the eligible
person or entity;

4. to authorize an eligible person to use an epinephrine auto-injector
device if such eligible person has successfully completed the training
course required in this section, or if directed in a specific instance
to use the device by a health care practitioner;

5. to require that the training be conducted by a nationally
recognized organization experienced in training laypersons in
emergency health treatment or by an entity or individual approved by
the commissioner;

6. to require that the training include: (i) how to recognize signs
and symptoms of severe allergic reactions, including anaphylaxis; (ii)
recommended dosage for adults and children; (iii) standards and
procedures for the storage and administration of an epinephrine
auto-injector; and (iv) emergency follow-up procedures;

7. to specify that nothing in this section shall require any eligible
person or entity to acquire, possess, store, make available, or
administer an epinephrine auto-injector;

8. to authorize a health care practitioner who is authorized to
prescribe drugs to prescribe epinephrine auto-injectors to or for an
eligible entity by a non-patient-specific prescription;

9. to authorize a pharmacist to dispense an epinephrine auto-injector
pursuant to a nonpatient-specific prescription; and

10. to eliminate the requirement for a collaborative agreement to
purchase, acquire, possess and use epinephrine auto-injector devices.

Section 2 amends public health law section 3000-a (2) to include in
the liability protections provided in that section any person that
conducts the required training under section 3000-c of the public
health law and a health care practitioner that prescribes, dispenses
or provides an epinephrine auto-injector device.

Section 3 is the effective date.

 JUSTIFICATION :

Anaphylaxis is a growing health concern in the United States.
According to an Asthma and Allergy Foundation of America study printed
in the Journal of Allergy and Clinical Immunology in 2014, severe
allergic reactions occur in approximately one in 50 Americans. These
allergic reactions, particularly to allergens such as food or insect
bites, can sometimes lead to life-threatening anaphylactic shock.
Epinephrine is indicated as the first-line treatment for anaphylaxis,
and must be administered promptly at the first sign of a severe
allergic reaction.

While many people with serious allergies are aware of the need to be
prepared for a severe allergic reaction and carry an epinephrine
auto-injector device prescribed for them, others are not aware they
have an allergy and can, for the first time, experience a severe
allergic reaction including anaphylaxis. Without immediate medical
attention, the results can be fatal.

In 2014, the Legislature authorized and the Governor signed into law a
bill to authorize schools to stock and administer epinephrine in an
emergency situation without a prescription. This bill will expand this
authorization, at their option, to a number of public entities,
facilities, organizations, institutions and food service
establishments. The bill will require the auto-injectors be maintained
under specified controlled conditions and be administered by a person
trained as set forth in the bill. Notably, 17 states currently have
laws that authorize entities to stock and administer epinephrine
auto-injectors for emergency use.

Access to epinephrine auto-injectors in public places and facilities
will help address the emergency medical needs of those who experience
a severe allergic reaction for the first time, or do not have an
epinephrine auto-injector with them. These auto-injectors will save
lives, just as the AED devices that are placed in public facilities to
treat heart attacks have saved lives.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect 180 days after it shall have become law,
provided that effective immediately, the commissioner of health shall
make regulations and take other actions necessary to implement this
act on that date.

S6800 (ACTIVE) - Bill Text download pdf

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

                                  6800

                            I N  S E N A T E

                            February 23, 2016
                               ___________

Introduced  by  Sen.  HANNON -- 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  the  use  of
  epinephrine auto-injector devices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3000-c of the public health law, as added by  chap-
ter  578  of the laws of 1999, paragraph (a) of subdivision 1 as amended
by chapter 424 of the laws of 2014, is amended to read as follows:
  S 3000-c. Epinephrine auto-injector devices. 1. Definitions.  As  used
in this section:
  (a)  "Eligible  person[,  firm,  organization,  or  other]  OR entity"
means[,] (i)  an  ambulance  service  or  advanced  life  support  first
response service; a certified first responder, emergency medical techni-
cian, 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) A school
[districts, boards] DISTRICT, BOARD of cooperative educational services,
county  vocational  education  and  extension  [boards]  BOARD,  charter
[schools] SCHOOL, and  non-public  elementary  and  secondary  [schools]
SCHOOL  in this state or any person employed by any such entity; or (iv)
A SPORTS, ENTERTAINMENT, AMUSEMENT, EDUCATION, GOVERNMENT, DAY  CARE  OR
RETAIL  FACILITY;  AN  EDUCATIONAL  INSTITUTION,  YOUTH  ORGANIZATION OR
SPORTS LEAGUE; AN ESTABLISHMENT THAT SERVES FOOD; OR A  PERSON  EMPLOYED
BY SUCH ENTITY; AND (V) any other person[, firm, organization] or entity
designated OR APPROVED, OR IN A CATEGORY DESIGNATED OR APPROVED pursuant
to  regulations of the commissioner in consultation with other appropri-
ate agencies[; and all subject to regulations of the commissioner].
  (b) ["Emergency health care provider" means (i) a physician with know-
ledge and experience in the delivery of emergency care; or (ii) a hospi-

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

                                                           LBD14085-04-6

S. 6800                             2

tal licensed under article twenty-eight of this  chapter  that  provides
emergency  care.]  "EPINEPHRINE AUTO-INJECTOR DEVICE" MEANS A SINGLE-USE
DEVICE USED FOR  THE  AUTOMATIC  INJECTION  OF  A  PREMEASURED  DOSE  OF
EPINEPHRINE  INTO  THE HUMAN BODY FOR THE PURPOSE OF EMERGENCY TREATMENT
OF A PERSON APPEARING TO EXPERIENCE ANAPHYLACTIC  SYMPTOMS  APPROVED  BY
THE FOOD AND DRUG ADMINISTRATION.
  (C)  "HEALTH  CARE  PRACTITIONER"  MEANS  A  HEALTH  CARE PRACTITIONER
LICENSED, CERTIFIED, OR AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF  THE
EDUCATION  LAW WHO IS AUTHORIZED THEREBY TO ADMINISTER DRUGS, AND WHO IS
ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE.
  2. [Collaborative agreement.] POSSESSION AND  USE.  (A)  Any  eligible
person[,  firm,  organization]  or [other] entity may purchase, acquire,
possess and use epinephrine auto-injector devices [pursuant to a  colla-
borative agreement with an emergency health care provider] FOR EMERGENCY
TREATMENT  OF  A  PERSON  APPEARING TO EXPERIENCE ANAPHYLACTIC SYMPTOMS,
UNDER THIS SECTION.
  (B) AN ELIGIBLE PERSON OR ENTITY SHALL DESIGNATE ONE OR MORE  INDIVID-
UALS  WHO  HAVE COMPLETED THE TRAINING REQUIRED BY PARAGRAPH (C) OF THIS
SUBDIVISION TO BE RESPONSIBLE FOR THE STORAGE, MAINTENANCE, CONTROL, AND
GENERAL OVERSIGHT OF THE  EPINEPHRINE  AUTO-INJECTORS  ACQUIRED  BY  THE
ELIGIBLE  PERSON OR ENTITY. [The collaborative agreement 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, organization or entity shall file a
copy of the collaborative agreement with the  department  and  with  the
appropriate  regional council prior to 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)]  (C) [No person shall] NO ONE MAY use an epinephrine auto-injec-
tor device [unless such person shall have]  ON  BEHALF  OF  AN  ELIGIBLE
PERSON  OR ENTITY UNLESS HE OR SHE HAS successfully completed a training
course in the use of epinephrine auto-injector devices  CONDUCTED  BY  A
NATIONALLY RECOGNIZED ORGANIZATION EXPERIENCED IN TRAINING LAYPERSONS IN
EMERGENCY HEALTH TREATMENT OR BY AN ENTITY OR INDIVIDUAL approved by the
commissioner  [pursuant  to the rules of the department], OR IS DIRECTED
IN A SPECIFIC INSTANCE TO USE AN EPINEPHRINE AUTO-INJECTOR DEVICE  BY  A
HEALTH  CARE PRACTITIONER. THE TRAINING REQUIRED BY THIS PARAGRAPH SHALL
INCLUDE (I) HOW TO RECOGNIZE  SIGNS  AND  SYMPTOMS  OF  SEVERE  ALLERGIC
REACTIONS, INCLUDING ANAPHYLAXIS; (II) RECOMMENDED DOSAGE FOR ADULTS AND
CHILDREN;  (III)  STANDARDS  AND PROCEDURES FOR THE STORAGE AND ADMINIS-
TRATION OF AN EPINEPHRINE AUTO-INJECTOR; AND  (IV)  EMERGENCY  FOLLOW-UP
PROCEDURES.
  (D)  This section does not prohibit the use of an epinephrine auto-in-
jector 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 PATIENT-
SPECIFIC prescription.
  [(b)] (E) Every  ELIGIBLE  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.]

S. 6800                             3

  (F) NOTHING IN THIS SECTION SHALL REQUIRE ANY ELIGIBLE PERSON OR ENTI-
TY TO ACQUIRE, POSSESS, STORE, MAKE AVAILABLE, OR ADMINISTER AN EPINEPH-
RINE AUTO-INJECTOR.
  3.  PRESCRIPTIONS. (A) A HEALTH CARE PRACTITIONER WHO IS AUTHORIZED TO
PRESCRIBE DRUGS MAY PRESCRIBE, DISPENSE OR PROVIDE AN EPINEPHRINE  AUTO-
INJECTOR  DEVICE  TO  OR  FOR  AN ELIGIBLE PERSON OR ENTITY BY A NON-PA-
TIENT-SPECIFIC PRESCRIPTION.
  (B) A PHARMACIST MAY DISPENSE AN EPINEPHRINE AUTO-INJECTOR PURSUANT TO
A NON-PATIENT-SPECIFIC PRESCRIPTION UNDER THIS SUBDIVISION.
  (C) THIS SUBDIVISION DOES NOT LIMIT ANY OTHER AUTHORITY A HEALTH  CARE
PRACTITIONER OR PHARMACIST HAS TO PRESCRIBE, DISPENSE, PROVIDE OR ADMIN-
ISTER AN EPINEPHRINE AUTO-INJECTOR DEVICE.
  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 unlaw-
ful 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 OR ENTITY
authorized to possess it pursuant to this section.
  S 2. Subdivision 2 of section 3000-a of  the  public  health  law,  as
amended  by  chapter  243  of  the  laws  of 2010, is amended to read as
follows:
  2. (i) Any person [who,] or entity[, partnership, corporation, firm or
society] that[,]  purchases,  operates,  facilitates  implementation  or
makes  available  resuscitation equipment that facilitates first aid, an
automated external defibrillator or an epinephrine auto-injector  device
as  required by or pursuant to law or local law, OR THAT CONDUCTS TRAIN-
ING UNDER SECTION THREE THOUSAND-C OF THIS ARTICLE, or (ii) an emergency
health care provider under a collaborative agreement pursuant to section
three thousand-b of this article with respect to an  automated  external
defibrillator,  or  (iii)  [the  emergency  health  care provider with a
collaborative agreement] A HEALTH  CARE  PRACTITIONER  THAT  PRESCRIBES,
DISPENSES  OR PROVIDES AN EPINEPHRINE AUTO-INJECTOR DEVICE under section
three thousand-c of this article [with respect to use of an  epinephrine
auto-injector  device],  shall  not be liable for damages arising either
from the use of that equipment by a person who voluntarily  and  without
expectation  of  monetary  compensation  renders  first aid or emergency
treatment at the scene of an accident or medical emergency, or from  the
use  of  defectively manufactured equipment; provided that this subdivi-
sion shall not limit the person's or  entity's,  [partnership's,  corpo-
ration's, firm's, society's or] the emergency health care provider's, OR
OTHER  HEALTH  CARE  PRACTITIONER'S  liability  for  his, her or its own
negligence, gross negligence or intentional misconduct.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that,  effective  immediately,  the
commissioner  of  health  shall  make regulations and take other actions
necessary to implement this act on such effective date.

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The New York State Senate

senate Bill S6800

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Mar 28, 2016 - floor Vote

Floor Vote: Mar 28, 2016

Mar 1, 2016 - Health committee Vote

Health Committee Vote: Mar 1, 2016

Co-Sponsors

S6800 (ACTIVE) - Details

S6800 (ACTIVE) - Summary

S6800 (ACTIVE) - Sponsor Memo

S6800 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6800

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Mar 28, 2016 - floor Vote

Floor Vote: Mar 28, 2016

Mar 1, 2016 - Health committee Vote

Health Committee Vote: Mar 1, 2016

Co-Sponsors

George A. Amedore, Jr.

David Carlucci

Michael H. Ranzenhofer

S6800 (ACTIVE) - Details

S6800 (ACTIVE) - Summary

S6800 (ACTIVE) - Sponsor Memo

S6800 (ACTIVE) - Bill Text download pdf

Comments