NY State Senate Bill 2019-S761

Senate Bill S761

2019-2020 Legislative Session

Authorizes certain law enforcement officers and firefighters to possess and administer epinephrine by use of an epinephrine auto-injector device

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Jan 09, 2019	referred to health

2019-S761 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3000-c, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S9153

2019-S761 (ACTIVE) - Summary

Authorizes certain law enforcement officers and firefighters to possess and administer epinephrine by use of an epinephrine auto-injector device.

2019-S761 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S761

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the public health law, in relation to authorizing law
enforcement officers to possess and administer epinephrine by use of an
epinephrine auto-injector device

 
SUMMARY OF PROVISIONS:

Section 1 amends Public Health Law section 3000-c to amend the defi-
nition of an "eligible person or entity" in terms of those authorized to
administer epinephrine, to include "a firefighter and a police office or
peace officer."

Section 2 provides the effective date.

 
JUSTIFICATION:

Epinephrine injectors, also known as "epipens" are used to reverse the

effects of severe allergic reactions, or anaphylaxis, from bee stings,
drug reactions, food allergies, or exercise-induced shock.  Currently,
in the event of such an allergic reaction, or any situation otherwise
where a life could be saved by administering epinephrine to a person in
danger, law enforcement officers are not authorized to carry the injec-
tor pen, or to administer the epinephrine. However, in many cases,
police officers are the first, or only, emergency responders on the
scene.

The list of authorized individuals includes emergency medical techni-
cians (EMTs), children's overnight camp and summer day camp employees,
school district officials or employees, sports venues, entertainment
venues, amusement venues, daycare or retail venues or their employees
are all authorized carriers and administrators. While it is vital that
these certified emergency service providers are available at a moment's
notice, restricting police officers from carrying the simple injection
device is inconsistent with the list of professionals currently author-
ized, contradictory to law enforcement's mission of keeping citizens
safe, and outright dangerous as it significantly increases the likeli-
hood that anaphylaxis will lead to death.

Our police officers, and other law enforcement agents, along with our
firefighters are highly trained and capable of administering epineph-
rine, and should be allowed to both carry and administer these devices
in order to save lives.

 
LEGISLATIVE HISTORY:

08/17/18: S.9153 REFERRED TO RULES
10/31/18: S.9153 AMEND (T) AND RECOMMIT TO RULES
10/31/18: S.9153 PRINT NUMBER 9153A

 
FISCAL IMPLICATIONS:

None to the State.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2019-S761 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    761
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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  authorizing  law
   enforcement  officers  to possess and administer epinephrine by use of
   an epinephrine auto-injector device
 
   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 200 of the  laws  of  2017,  is
 amended to read as follows:
   (a)  "Eligible  person  or  entity" means: (i) an ambulance service or
 advanced life support first response service; a certified first  respon-
 der, emergency medical technician, or advanced emergency medical techni-
 cian, 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; (iii) a school district, board of cooperative
 educational services, county vocational education and  extension  board,
 charter  school,  and non-public elementary and secondary school in this
 state or any person employed by  any  such  entity,  or  employed  by  a
 contractor  of  such an entity while performing services for the 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) A LAW ENFORCEMENT OFFICER;  AND  (VI)
 any  other  person  or  entity  designated or approved, or in a category
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01840-03-9

 S. 761                              2
 
 designated or approved pursuant to regulations of  the  commissioner  in
 consultation with other appropriate agencies.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such date.

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