S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7499
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2023
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, the tax law and the state finance
   law, in relation to  establishing  the  "first  responder  epinephrine
   preparedness initiative (EPI) act"

   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  the  "first
 responder epinephrine preparedness initiative (EPI) act".
   §  2.  The public health law is amended by adding a new section 3000-f
 to read as follows:
   § 3000-F. FIRST RESPONDER EPINEPHRINE ACCESS PROGRAM.  1. DEFINITIONS.
 AS USED IN THIS SECTION THE FOLLOWING TERMS  SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "ELIGIBLE ENTITY" MEANS ANY ENTITY DESIGNATED AS SUCH BY SUBPARA-
 GRAPH (I), (V), (VI), OR (VII) OF PARAGRAPH (A) OF  SUBDIVISION  ONE  OF
 SECTION  THREE  THOUSAND-C  OF THIS ARTICLE, OR THAT IS OTHERWISE DESIG-
 NATED AS SUCH BY THE COMMISSIONER.
   (B) "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.
   (D) "SYRINGE EPINEPHRINE KIT" MEANS A  KIT  CONTAINING  THE  MATERIALS
 USED  TO  PROVIDE  AN  INTRAMUSCULAR  INJECTION  OF  EPINEPHRINE FOR THE
 PURPOSE OF EMERGENCY TREATMENT  OF  A  PERSON  APPEARING  TO  EXPERIENCE
 ANAPHYLACTIC SYMPTOMS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11084-01-3
              

 S. 7499                             2
 
   (E)  "PARTICIPATING ENTITIES" MEANS ANY ELIGIBLE ENTITIES INCLUDING AN
 AMBULANCE SERVICE; VOLUNTARY AMBULANCE SERVICE OR ADVANCED LIFE  SUPPORT
 FIRST  RESPONSE  SERVICE  EMPLOYING  EMERGENCY  MEDICAL  TECHNICIANS, OR
 ADVANCED EMERGENCY MEDICAL TECHNICIANS, OR VOLUNTEER  EMERGENCY  MEDICAL
 TECHNICIANS; GOVERNMENTAL AGENCIES EMPLOYING CERTIFIED FIRST RESPONDERS;
 POLICE  DEPARTMENTS EMPLOYING POLICE OR PEACE OFFICERS; AND FIRE DEPART-
 MENTS EMPLOYING FIREFIGHTERS OR VOLUNTEER FIREFIGHTERS.
   (F) "PROGRAM" MEANS THE FIRST  RESPONDER  EPINEPHRINE  ACCESS  PROGRAM
 ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   (G)  "RELEVANT  EMPLOYEE" MEANS AN EMPLOYEE, VOLUNTEER, CONTRACTOR, OR
 ANY OTHER DESIGNEE OF AN ELIGIBLE ENTITY WHO IS DESIGNATED  OR  APPROVED
 BY  SUCH  ELIGIBLE ENTITY TO PROVIDE OR ASSIST IN THE PROVISION OF FIRST
 AID OR EMERGENCY TREATMENT IN THE COURSE OF THEIR DUTIES.
   2. FIRST RESPONDER EPINEPHRINE ACCESS PROGRAM. (A) THE COMMISSIONER IS
 HEREBY DIRECTED TO ESTABLISH  THE  FIRST  RESPONDER  EPINEPHRINE  ACCESS
 PROGRAM.  UNDER  SUCH PROGRAM, ELIGIBLE ENTITIES UNDER SUBDIVISION THREE
 OF THIS SECTION SHALL BE REQUIRED TO:
   (I) TRAIN RELEVANT EMPLOYEES OF SUCH ENTITIES IN THE USE  OF  EPINEPH-
 RINE  AUTO-INJECTORS CONSISTENT WITH PARAGRAPH (C) OF SUBDIVISION TWO OF
 SECTION THREE THOUSAND-C OF THIS ARTICLE, AND/OR IN THE USE  OF  SYRINGE
 EPINEPHRINE  KITS ACCORDING TO STANDARDS DESIGNATED BY THE COMMISSIONER;
 AND
   (II) EQUIP RELEVANT EMPLOYEES WITH EPINEPHRINE  AUTO-INJECTORS  AND/OR
 SYRINGE EPINEPHRINE KITS FOR THE PURPOSE OF RENDERING AID TO INDIVIDUALS
 APPEARING TO EXPERIENCE ANAPHYLACTIC SYMPTOMS.
   (B)  THE  COMMISSIONER  MAY  IDENTIFY  ANY OTHER TRAINING OR EQUIPMENT
 NECESSARY FOR PARTICIPATING IN THE PROGRAM, PROVIDED HOWEVER THAT  ENTI-
 TIES  PARTICIPATING  IN  THE PROGRAM SHALL RECEIVE SUFFICIENT FUNDING TO
 TRAIN AND EQUIP RELEVANT EMPLOYEES ACCORDINGLY.
   (C) NO EMPLOYEE OF A PARTICIPATING ENTITY  SHALL  USE  AN  EPINEPHRINE
 AUTO-INJECTOR  OR  SYRINGE  EPINEPHRINE KIT PROVIDED THROUGH THE PROGRAM
 UNLESS SUCH EMPLOYEE HAS FIRST PARTICIPATED  IN  THE  TRAINING  OUTLINED
 UNDER  SUBPARAGRAPH  (I)  OF  PARAGRAPH  (A) OF THIS SUBDIVISION, EXCEPT
 WHERE DIRECTED IN A SPECIFIC INSTANCE TO USE A SYRINGE  EPINEPHRINE  KIT
 BY A HEALTH CARE PRACTITIONER.
   3.  PARTICIPATION.  PARTICIPATION  IN THE PROGRAM BY ELIGIBLE ENTITIES
 SHALL BE REQUIRED, UNLESS THE COMMISSIONER GRANTS AN ELIGIBLE  ENTITY  A
 WAIVER AS DESCRIBED IN SUBDIVISION TEN OF THIS SECTION.
   4.  PROTECTION  FROM  LIABILITY.  USE  OF AN EPINEPHRINE AUTO-INJECTOR
 DEVICE OR A SYRINGE EPINEPHRINE KIT PURSUANT TO THIS  SECTION  SHALL  BE
 CONSIDERED FIRST AID OR EMERGENCY TREATMENT FOR THE PURPOSE OF ANY STAT-
 UTE RELATING TO LIABILITY.
   5.  EXCLUSION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO FOR-PRO-
 FIT ENTITY SHALL BE ELIGIBLE FOR PARTICIPATION IN THE PROGRAM.
   6. REPORTING BY PARTICIPATING ENTITIES. (A) EACH PARTICIPATING  ENTITY
 SHALL  SUBMIT DATA FROM THE PAST TWELVE MONTHS TO THE COMMISSIONER ON OR
 BEFORE OCTOBER FIRST OF EACH YEAR CONTAINING:
   (I) THE NUMBER OF EPINEPHRINE AUTO-INJECTORS AND  SYRINGE  EPINEPHRINE
 KITS THAT WERE RECEIVED THROUGH THE PROGRAM AND SUBSEQUENTLY USED IN THE
 COURSE OF OFFICIAL DUTIES;
   (II)  THE NUMBER OF EPINEPHRINE AUTO-INJECTORS AND/OR SYRINGE EPINEPH-
 RINE KITS RECEIVED THROUGH THE PROGRAM  WHICH  WERE  SUBSEQUENTLY  LOST,
 RENDERED UNUSABLE, OR EXPIRED;
   (III)  THE  NUMBER  OF  EMPLOYEES  WHO RECEIVED TRAINING IN THE USE OF
 EPINEPHRINE AUTO-INJECTORS AND/OR SYRINGE EPINEPHRINE KITS  PURSUANT  TO
 THIS  SECTION,  AND THE NUMBER OF SUCH EMPLOYEES WHO USED AN EPINEPHRINE
 S. 7499                             3
 
 AUTO-INJECTOR AND/OR SYRINGE EPINEPHRINE KIT  IN  THE  COURSE  OF  THEIR
 OFFICIAL DUTIES;
   (IV)  THE ACTUAL OR ESTIMATED INCURRED COSTS OF TRAINING AND EQUIPPING
 SUCH ENTITY'S RELEVANT EMPLOYEES PURSUANT TO  SUBDIVISION  TWO  OF  THIS
 SECTION,  PROVIDED  HOWEVER  THAT THE REPORT SHALL IDENTIFY WHETHER SUCH
 COSTS ARE ACTUAL OR ESTIMATED;
   (V) THE ACTUAL OR ESTIMATED INCURRED COST OF COMPLYING WITH ANY  ADDI-
 TIONAL RULES OR REGULATIONS ISSUED PURSUANT TO SUBDIVISION SEVEN OF THIS
 SECTION,  PROVIDED  HOWEVER  THAT THE REPORT SHALL IDENTIFY WHETHER SUCH
 COSTS ARE ACTUAL OR ESTIMATED; AND
   (VI) OTHER RELEVANT INFORMATION AS DEEMED NECESSARY BY THE COMMISSION-
 ER.
   (B) EACH YEAR THE COMMISSIONER  SHALL  REVIEW  THE  DATA  REPORTED  BY
 PARTICIPATING  ENTITIES  PURSUANT  TO  THIS  SUBDIVISION, ALONG WITH ANY
 OTHER RELEVANT DATA, TO DETERMINE:
   (I) THE AMOUNT OF FUNDING NEEDED TO COVER THE COST OF TRAINING, EQUIP-
 MENT, AND COMPLIANCE COSTS PURSUANT TO THIS SUBDIVISION; AND
   (II) STATUTORY OR REGULATORY CHANGES  WHICH  THE  COMMISSIONER  DETER-
 MINES,  IN  HIS  OR  HER  PROFESSIONAL  JUDGEMENT, ARE LIKELY TO IMPROVE
 HEALTH OUTCOMES FOR NEW YORKERS, INCREASE THE EFFICIENCY OF THE PROGRAM,
 OR OTHERWISE MEET THE GOALS OF THE STATE AND ITS POLITICAL SUBDIVISIONS,
 ELIGIBLE ENTITIES PARTICIPATING  IN  THE  PROGRAM,  AND/OR  THE  GENERAL
 PUBLIC.
   (C)  THE  COMMISSIONER  SHALL  COMPILE AND PUBLISH A REPORT CONTAINING
 THEIR FINDINGS NO LATER THAN DECEMBER FIRST OF EACH YEAR.
   7. THE COMMISSIONER MAY PROMULGATE ADDITIONAL RULES OR REGULATIONS  AS
 DEEMED  NECESSARY  FOR  THE  PROGRAM, PROVIDED HOWEVER THAT ANY RULES OR
 REGULATIONS WHICH IMPOSE A COST UPON  PARTICIPATING  ENTITIES  SHALL  BE
 CONTINGENT UPON THE PROVISION OF FUNDING SUFFICIENT TO COVER THE COST OF
 COMPLIANCE.
   8.  ANY  ELIGIBLE ENTITY WHICH IS PARTICIPATING IN THE PROGRAM AND HAS
 RECEIVED FUNDING PURSUANT TO THIS SECTION SHALL  NOT  USE  SUCH  FUNDING
 EXCEPT IN ACCORDANCE WITH THIS SECTION.
   9.  FUNDING.  THE  COMMISSIONER  SHALL  BE  AUTHORIZED  TO  USE  FUNDS
 COLLECTED ACCORDING TO SECTION TWO HUNDRED SIX OF THIS CHAPTER AND  HELD
 IN  THE  MUNICIPAL  EPINEPHRINE BULK PURCHASE PROGRAM TO ASSIST ELIGIBLE
 ENTITIES IN PURCHASING EPINEPHRINE AUTO-INJECTOR DEVICES AND/OR  SYRINGE
 EPINEPHRINE KITS.
   10. WAIVER. (A) PARTICIPATION IN THE PROGRAM BY AN ELIGIBLE ENTITY MAY
 BE  WAIVED BY THE COMMISSIONER UPON AN APPLICATION MADE BY SUCH ELIGIBLE
 ENTITY. SUCH APPLICATION SHALL INCLUDE A REQUEST FOR WAIVER, AND REASONS
 TO SUPPORT SUCH REQUEST. WAIVERS SHALL ONLY  BE  GRANTED  BASED  UPON  A
 SHOWING  OF  IMPRACTICABILITY  TO FUND THE PROGRAM BASED ON THE ELIGIBLE
 ENTITY'S BUDGET.
   (B) SUCH REQUEST FOR WAIVER SHALL BE MADE ANNUALLY,  AND  THE  COMMIS-
 SIONER SHALL RE-CONSIDER SUCH REQUEST ANNUALLY.
   §  3.  Section 206 of the public health law is amended by adding a new
 subdivision 32 to read as follows:
   32. THE COMMISSIONER SHALL BE AUTHORIZED TO APPROVE  AND  IMPLEMENT  A
 MUNICIPAL  EPINEPHRINE  BULK PURCHASE PROGRAM DESIGNED TO ASSIST MUNICI-
 PALITIES TO MAKE BULK  PURCHASE  OF  EPINEPHRINE  FOR  USE  BY  ENTITIES
 PARTICIPATING  IN  THE  FIRST RESPONDER EPINEPHRINE ACCESS PROGRAM UNDER
 SECTION THREE THOUSAND-F OF THIS CHAPTER.
   § 4. The tax law is amended by adding a new section 209-Q to  read  as
 follows:
 S. 7499                             4
 
   §  209-Q. GIFT FOR MUNICIPAL EPINEPHRINE BULK PURCHASES. A TAXPAYER IN
 ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE MUNICIPAL
 EPINEPHRINE BULK PURCHASE FUND ESTABLISHED PURSUANT TO  SECTION  NINETY-
 SEVEN-UUUU  OF  THE STATE FINANCE LAW. SUCH CONTRIBUTION SHALL BE IN ANY
 WHOLE  DOLLAR  AMOUNT  AND  SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX
 OWED BY SUCH TAXPAYER. THE  COMMISSIONER  SHALL  INCLUDE  SPACE  ON  THE
 CORPORATE  INCOME  TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIB-
 UTION.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL   REVENUES
 COLLECTED  PURSUANT  TO  THIS SECTION SHALL BE CREDITED TO THE MUNICIPAL
 EPINEPHRINE BULK PURCHASE FUND ESTABLISHED PURSUANT TO  SECTION  NINETY-
 SEVEN-UUUU  OF  THE  STATE FINANCE LAW, AND SHALL BE USED ONLY FOR THOSE
 PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-UUUU OF  THE  STATE  FINANCE
 LAW.
   §  5.  The tax law is amended by adding a new section 630-l to read as
 follows:
   § 630-L. GIFT FOR MUNICIPAL EPINEPHRINE BULK PURCHASES. AN  INDIVIDUAL
 IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE MUNICIPAL EPINEPHRINE
 BULK  PURCHASE FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-UUUU OF
 THE STATE FINANCE LAW. SUCH CONTRIBUTION SHALL BE IN  ANY  WHOLE  DOLLAR
 AMOUNT  AND  SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDI-
 VIDUAL. THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME  TAX
 RETURN  TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION.  NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, ALL  REVENUES  COLLECTED  PURSUANT  TO  THIS
 SECTION  SHALL  BE  CREDITED  TO THE MUNICIPAL EPINEPHRINE BULK PURCHASE
 FUND ESTABLISHED PURSUANT TO  SECTION  NINETY-SEVEN-UUUU  OF  THE  STATE
 FINANCE LAW AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINE-
 TY-SEVEN-UUUU OF THE STATE FINANCE LAW.
   §  6. The state finance law is amended by adding a new section 97-uuuu
 to read as follows:
   § 97-UUUU. MUNICIPAL EPINEPHRINE BULK PURCHASE FUND. 1. THERE IS HERE-
 BY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION  AND
 FINANCE  AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "MUNICI-
 PAL EPINEPHRINE BULK PURCHASE FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
 OF  TAXATION  AND  FINANCE,  PURSUANT  TO  THE PROVISIONS OF SECTION TWO
 HUNDRED NINE-Q AND SECTION SIX HUNDRED THIRTY-L OF THE TAX LAW, AND  ALL
 OTHER  MONEYS  APPROPRIATED,  CREDITED  OR  TRANSFERRED THERETO FROM ANY
 OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS  SECTION
 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE FUND ACCORDING TO LAW.
   3.  MONIES  OF  THE FUND SHALL BE EXPENDED TO PROVIDE PRICE REDUCTIONS
 FOR  MUNICIPALITIES  PURCHASING  EPINEPHRINE  FOR  THE  FIRST  RESPONDER
 EPINEPHRINE  ACCESS  PROGRAM  ESTABLISHED  BY THE COMMISSIONER OF HEALTH
 PURSUANT TO SECTION THREE THOUSAND-F OF THE PUBLIC  HEALTH  LAW,  WITHIN
 SUCH  MUNICIPALITIES PURSUANT TO THE MUNICIPAL EPINEPHRINE BULK PURCHASE
 PROGRAM ESTABLISHED BY THE COMMISSIONER OF HEALTH PURSUANT  TO  SUBDIVI-
 SION THIRTY-TWO OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF HEALTH.
   5.  TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE
 THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO  THE
 END OF THAT FISCAL YEAR.
   6.  ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
 OF HEALTH SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY  PRESIDENT  OF
 S. 7499                             5
 
 THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMIT-
 TEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE
 COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY HEALTH COMMITTEE, STATE COMP-
 TROLLER  AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONIES OF THE
 FUND WERE  UTILIZED  DURING  THE  PRECEDING  CALENDAR  YEAR,  AND  SHALL
 INCLUDE:  (A)  THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD
 PROCESS USED FOR SUCH DISBURSEMENTS; (B) RECIPIENTS OF AWARDS  FROM  THE
 FUND;  (C)  THE  AMOUNT  AWARDED TO EACH RECIPIENT; (D) THE PURPOSES FOR
 WHICH SUCH AWARDS WERE GRANTED; AND (E) A  SUMMARY  FINANCIAL  PLAN  FOR
 SUCH  MONIES  WHICH  SHALL  INCLUDE  ESTIMATES  OF  ALL RECEIPTS AND ALL
 DISBURSEMENTS FOR THE CURRENT AND SUCCEEDING FISCAL  YEARS,  ALONG  WITH
 THE ACTUAL RESULTS FROM THE PRIOR FISCAL YEAR.
   §  7.  This  act shall take effect on the ninetieth 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 effective date.