S T A T E O F N E W Y O R K
________________________________________________________________________
8760--A
2017-2018 Regular Sessions
I N A S S E M B L Y
November 3, 2017
___________
Introduced by M. of A. M. L. MILLER -- read once and referred to the
Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law, the county law, the general municipal
law and the public health law, in relation to "Gio's Law"; requiring
members of police departments, sheriff's departments, fire departments
and emergency medical service providers to be trained in the adminis-
tration of emergency anaphylaxis treatment and to carry emergency
anaphylaxis treatment in their vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Gio's Law".
§ 2. The executive law is amended by adding a new section 233 to read
as follows:
§ 233. EMERGENCY ANAPHYLAXIS TREATMENT TRAINING AND USE. 1. AS USED IN
THIS SECTION, THE TERM "EMERGENCY ANAPHYLAXIS TREATMENT" SHALL MEAN AN
EPINEPHRINE AUTO-INJECTOR DEVICE, AS SUCH TERM IS DEFINED IN PARAGRAPH
(B) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH
LAW, OR ANOTHER FORM OF EMERGENCY ANAPHYLAXIS TREATMENT APPROVED BY THE
COMMISSIONER OF HEALTH.
2. ALL MEMBERS OF THE STATE POLICE SHALL BE REQUIRED TO BE TRAINED IN
THE ADMINISTRATION OF EMERGENCY ANAPHYLAXIS TREATMENT AND SHALL CARRY
EMERGENCY ANAPHYLAXIS TREATMENT IN THEIR VEHICLES WHEN ON DUTY.
3. ALL MEMBERS OF THE STATE POLICE SHALL:
(A) COMPLETE AN INITIAL TRAINING PROGRAM ON EMERGENCY ANAPHYLAXIS
TREATMENT;
(B) COMPLETE A REFRESHER TRAINING PROGRAM AT LEAST EVERY TWO YEARS;
(C) CONTACT THE EMERGENCY MEDICAL SYSTEM DURING ANY RESPONSE TO AN
INCIDENT OF SUSPECTED ANAPHYLAXIS AND ADVISE IF EMERGENCY ANAPHYLAXIS
TREATMENT IS BEING USED; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13647-02-7
A. 8760--A 2
(D) COMPLY WITH PROTOCOLS FOR RESPONSE TO INCIDENTS OF SUSPECTED
ANAPHYLAXIS.
§ 3. The county law is amended by adding a new section 663 to read as
follows:
§ 663. EMERGENCY ANAPHYLAXIS TREATMENT TRAINING AND USE. 1. AS USED IN
THIS SECTION, THE TERM "EMERGENCY ANAPHYLAXIS TREATMENT" SHALL MEAN AN
EPINEPHRINE AUTO-INJECTOR DEVICE, AS SUCH TERM IS DEFINED IN PARAGRAPH
(B) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH
LAW, OR ANOTHER FORM OF EMERGENCY ANAPHYLAXIS TREATMENT APPROVED BY THE
COMMISSIONER OF HEALTH.
2. ALL SHERIFFS, UNDERSHERIFFS, AND DEPUTY SHERIFFS SHALL BE REQUIRED
TO BE TRAINED IN THE ADMINISTRATION OF EMERGENCY ANAPHYLAXIS TREATMENT
AND SHALL CARRY EMERGENCY ANAPHYLAXIS TREATMENT IN THEIR VEHICLES WHEN
ON DUTY.
3. ALL SHERIFFS, UNDERSHERIFFS AND DEPUTY SHERIFFS SHALL:
(A) COMPLETE AN INITIAL TRAINING PROGRAM ON EMERGENCY ANAPHYLAXIS
TREATMENT;
(B) COMPLETE A REFRESHER TRAINING PROGRAM AT LEAST EVERY TWO YEARS;
(C) CONTACT THE EMERGENCY MEDICAL SYSTEM DURING ANY RESPONSE TO AN
INCIDENT OF SUSPECTED ANAPHYLAXIS AND ADVISE IF EMERGENCY ANAPHYLAXIS
TREATMENT IS BEING USED; AND
(D) COMPLY WITH PROTOCOLS FOR RESPONSE TO INCIDENTS OF SUSPECTED
ANAPHYLAXIS.
§ 4. The general municipal law is amended by adding a new section
209-gg to read as follows:
§ 209-GG. EMERGENCY ANAPHYLAXIS TREATMENT TRAINING AND USE. 1. AS USED
IN THIS SECTION, THE TERM "EMERGENCY ANAPHYLAXIS TREATMENT" SHALL MEAN
AN EPINEPHRINE AUTO-INJECTOR DEVICE, AS SUCH TERM IS DEFINED IN PARA-
GRAPH (B) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC
HEALTH LAW, OR ANOTHER FORM OF EMERGENCY ANAPHYLAXIS TREATMENT APPROVED
BY THE COMMISSIONER OF HEALTH.
2. ALL MEMBERS OF A POLICE OR FIRE DEPARTMENT ORGANIZED AT THE COUNTY,
CITY, VILLAGE, TOWN, OR DISTRICT LEVEL SHALL BE REQUIRED TO BE TRAINED
IN THE ADMINISTRATION OF EMERGENCY ANAPHYLAXIS TREATMENT AND SHALL CARRY
EMERGENCY ANAPHYLAXIS TREATMENT IN THEIR VEHICLES WHEN ON DUTY.
3. ALL MEMBERS OF A POLICE OR FIRE DEPARTMENT ORGANIZED AT THE COUNTY,
CITY, VILLAGE, TOWN, OR DISTRICT LEVEL SHALL:
(A) COMPLETE AN INITIAL TRAINING PROGRAM ON EMERGENCY ANAPHYLAXIS
TREATMENT;
(B) COMPLETE A REFRESHER TRAINING PROGRAM AT LEAST EVERY TWO YEARS;
(C) CONTACT THE EMERGENCY MEDICAL SYSTEM DURING ANY RESPONSE TO AN
INCIDENT OF SUSPECTED ANAPHYLAXIS AND ADVISE IF EMERGENCY ANAPHYLAXIS
TREATMENT IS BEING USED; AND
(D) COMPLY WITH PROTOCOLS FOR RESPONSE TO INCIDENTS OF SUSPECTED
ANAPHYLAXIS.
§ 5. The public health law is amended by adding a new section 3000-e
to read as follows:
§ 3000-E. EMERGENCY ANAPHYLAXIS TREATMENT TRAINING AND USE. 1. AS USED
IN THIS SECTION, THE TERM "EMERGENCY ANAPHYLAXIS TREATMENT" SHALL MEAN
AN EPINEPHRINE AUTO-INJECTOR DEVICE, AS SUCH TERM IS DEFINED IN PARA-
GRAPH (B) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THIS ARTI-
CLE, OR ANOTHER FORM OF EMERGENCY ANAPHYLAXIS TREATMENT APPROVED BY THE
COMMISSIONER.
2. ANYONE WHO PROVIDES EMERGENCY MEDICAL SERVICES SHALL BE REQUIRED TO
BE TRAINED IN THE ADMINISTRATION OF EMERGENCY ANAPHYLAXIS TREATMENT AND
A. 8760--A 3
SHALL CARRY EMERGENCY ANAPHYLAXIS TREATMENT IN THEIR VEHICLE WHEN ON
DUTY.
3. ANYONE WHO PROVIDES EMERGENCY MEDICAL SERVICES SHALL:
(A) COMPLETE AN INITIAL TRAINING PROGRAM ON EMERGENCY ANAPHYLAXIS
TREATMENT;
(B) COMPLETE A REFRESHER TRAINING PROGRAM AT LEAST EVERY TWO YEARS;
(C) CONTACT THE EMERGENCY MEDICAL SYSTEM DURING ANY RESPONSE TO AN
INCIDENT OF SUSPECTED ANAPHYLAXIS AND ADVISE IF EMERGENCY ANAPHYLAXIS
TREATMENT IS BEING USED; AND
(D) COMPLY WITH PROTOCOLS FOR RESPONSE TO INCIDENTS OF SUSPECTED
ANAPHYLAXIS.
§ 6. This act shall take effect one year after it shall have become a
law.