S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5002
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  requiring  that
   functional  epinephrine  auto-injector  devices  be  made available in
   places of public assembly and that at least one employee or  volunteer
   of  such  place  of public assembly be trained in its proper operation
   and use and be present at each facility function
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 225 of the public health law is amended by adding a
 new subdivision 5-d to read as follows:
   5-D.  PLACES  OF  PUBLIC  ASSEMBLY  ON-SITE  EPINEPHRINE AUTO-INJECTOR
 DEVICES.
   (A) NOTWITHSTANDING THE PROVISIONS OF  PARAGRAPH  (R)  OF  SUBDIVISION
 FIVE  OF  THIS SECTION AND SECTION THREE THOUSAND-C OF THIS CHAPTER, THE
 SANITARY CODE SHALL PROVIDE THAT EACH PLACE OF PUBLIC ASSEMBLY AS SPECI-
 FIED IN THIS SECTION SHALL BE REQUIRED TO MAINTAIN  AND  MAKE  AVAILABLE
 ON-SITE  EPINEPHRINE  AUTO-INJECTOR DEVICES, AS DEFINED IN PARAGRAPH (B)
 OF SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THIS CHAPTER, IN QUAN-
 TITIES AND TYPES DEEMED BY THE COMMISSIONER TO  BE  ADEQUATE  TO  ENSURE
 READY AND APPROPRIATE ACCESS FOR USE DURING EMERGENCIES.
   (B)  WHENEVER PLACES OF PUBLIC ASSEMBLY ARE USED FOR PUBLIC OR PRIVATE
 SPONSORED EVENTS OR ACTIVITIES THE OWNERS, OPERATORS AND  ADMINISTRATORS
 RESPONSIBLE  FOR SUCH PLACE OF PUBLIC ASSEMBLY SHALL ENSURE THE PRESENCE
 OF AT LEAST ONE STAFF PERSON OR VOLUNTEER WHO IS  TRAINED,  PURSUANT  TO
 PARAGRAPH  (C)  OF  SUBDIVISION  TWO OF SECTION THREE THOUSAND-C OF THIS
 CHAPTER, IN THE  OPERATION  AND  USE  OF  AN  EPINEPHRINE  AUTO-INJECTOR
 DEVICE.
   (C)  FOR THE PURPOSES OF THIS SUBDIVISION, "PLACES OF PUBLIC ASSEMBLY"
 SHALL MEAN THOSE WITH AN OCCUPANCY CAPACITY OF  AT  LEAST  ONE  THOUSAND
 PEOPLE AND SHALL INCLUDE: (I) ALL STADIUMS, BALLPARKS, GYMNASIUMS, FIELD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02816-01-3
              

 A. 5002                             2
 
 HOUSES,  ARENAS,  CIVIC  CENTERS  AND  SIMILAR  FACILITIES  USED FOR THE
 CONDUCT OF SPORTING EVENTS; AND (II) CONCERT HALLS, RECITAL HALLS, THEA-
 TRES, INDOOR AND OUTDOOR AMPHITHEATERS OR OTHER AUDITORIUMS USED FOR THE
 PRESENTATION  OF MUSICAL RENDITIONS OR CONCERTS. PLACES OF PUBLIC ASSEM-
 BLY SHALL NOT INCLUDE HALLS OWNED BY CHURCHES, RELIGIOUS  ORGANIZATIONS,
 GRANGES,  PUBLIC  ASSOCIATIONS,  OR FREE LIBRARIES AS DEFINED BY SECTION
 TWO HUNDRED FIFTY-THREE OF THE EDUCATION LAW.
   (D) PLACES OF PUBLIC ASSEMBLY AND STAFF PURSUANT TO PARAGRAPHS (A) AND
 (B) OF THIS SUBDIVISION SHALL BE SUBJECT TO THE REQUIREMENTS AND LIMITA-
 TIONS OF SECTION THREE THOUSAND-C OF THIS CHAPTER.
   (E) PURSUANT TO SECTIONS THREE THOUSAND-A AND THREE THOUSAND-C OF THIS
 CHAPTER, ANY PUBLIC ACCESS EPINEPHRINE AUTO-INJECTOR DEVICE PROVIDER, OR
 ANY EMPLOYEE OR OTHER AGENT OF THE PROVIDER WHO, IN ACCORDANCE WITH  THE
 PROVISIONS OF THIS SECTION, VOLUNTARILY AND WITHOUT EXPECTATION OF MONE-
 TARY COMPENSATION RENDERS EMERGENCY MEDICAL OR FIRST AID TREATMENT USING
 AN EPINEPHRINE AUTO-INJECTOR DEVICE WHICH HAS BEEN MADE AVAILABLE PURSU-
 ANT  TO  THIS  SECTION,  TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED,
 SHALL BE LIABLE ONLY PURSUANT TO SECTION THREE THOUSAND-A OF THIS  CHAP-
 TER.
   (F) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT A POLI-
 TICAL  SUBDIVISION OF THE STATE FROM CONTINUING TO IMPLEMENT AND ENFORCE
 ANY LOCAL LAW OR REGULATION RELATED  TO  THE  PLACEMENT  OF  EPINEPHRINE
 AUTO-INJECTOR  DEVICES  IN  PLACES OF PUBLIC ASSEMBLY AS DEFINED IN THIS
 SUBDIVISION, IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS  SUBDIVISION.
 WHERE  A  POLITICAL  SUBDIVISION  HAS A LOCAL LAW IN EFFECT PRIOR TO THE
 EFFECTIVE DATE OF THIS SUBDIVISION, THE PROVISIONS OF  THIS  SUBDIVISION
 SHALL HAVE NO FORCE AND EFFECT UNTIL SUCH TIME AS THE POLITICAL SUBDIVI-
 SION REPEALS ITS LOCAL LAW.
   §  2.  Paragraph  (f) of subdivision 2 of section 3000-c of the public
 health law, as added by chapter 373 of the laws of 2016, is  amended  to
 read as follows:
   (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,  EXCEPT  AS  PROVIDED  FOR IN SUBDIVISION FIVE-D OF
 SECTION TWO HUNDRED TWENTY-FIVE OF THIS CHAPTER.
   § 3. This act shall take effect immediately.