NY State Assembly Bill 2025-A5392B

Current Bill Status - On Floor Calendar

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 29, 2025	ordered to third reading rules cal.318 rules report cal.318 reported
May 27, 2025	reported referred to rules
May 21, 2025	print number 5392b
May 21, 2025	amend (t) and recommit to health
May 09, 2025	print number 5392a
May 09, 2025	amend (t) and recommit to health
Feb 13, 2025	referred to health

Bill Amendments

Original

B (Active)

2025-A5392 - Details

See Senate Version of this Bill:: S7807
Law Section:: Public Health Law
Laws Affected:: Amd §§3000-c, 3000-a & 225, Pub Health L; amd §§902-b, 916-a, 921 & 921-a, Ed L; amd §§3216, 3221 & 4303, Ins L

2025-A5392 - Summary

Defines epinephrine device as a single-use device or nasal spray device used for the automatic injection or administration of a premeasured dose of epinephrine into the human body for the purpose of emergency treatment of a person appearing to experience anaphylactic symptoms.

2025-A5392 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5392
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to expanding the definition of epinephrine devices to include epineph-
   rine nasal sprays
 
   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 amended by
 chapter 373 of the laws of 2016,  paragraph  (a)  of  subdivision  1  as
 amended  by chapter 472 of the laws of 2024, and paragraph (f) of subdi-
 vision 2 as amended by chapter 461 of the laws of 2024,  is  amended  to
 read as follows:
   § 3000-c. Epinephrine [auto-injector] devices. 1. Definitions. As used
 in this section:
   (a)  "Eligible  person  or  entity" means: (i) an ambulance service or
 advanced life support first response service; a certified first  respon-
 der,  firefighter in a county, city, town or village having a population
 of less than two million provided such  county  is  not  wholly  located
 within  a  city  with  a  population of more than one million, emergency
 medical technician, 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;
 (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; (iv) a sports, enter-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09090-01-5

 A. 5392                             2
 
 tainment, 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; (v)
 a  police  officer  or  peace officer in a county, city, town or village
 having a population of less than two million provided such county is not
 wholly located within a city with a population of more than one million;
 (vi) forest rangers, park rangers and environmental conservation  police
 officers;  and  (vii) any other person or entity designated or approved,
 or in a category designated or approved pursuant to regulations  of  the
 commissioner in consultation with other appropriate agencies.
   (b)  "Epinephrine  [auto-injector]  device"  means  [a  single-use] AN
 EPINEPHRINE DELIVERY device OR PRODUCT APPROVED BY THE FEDERAL FOOD  AND
 DRUG  ADMINISTRATION  AND  used  for the automatic injection OR ADMINIS-
 TRATION 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] SUCH HEALTH CARE  PRACTITIONER'S
 practice.
   2. Possession and use. (a) Any eligible person or entity may purchase,
 acquire,  possess  and use epinephrine [auto-injector] devices for emer-
 gency treatment of a person appearing to experience  anaphylactic  symp-
 toms, 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] DEVICES acquired
 by the eligible person or entity.
   (c) No one may use an epinephrine [auto-injector] device 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  train-
 ing laypersons in emergency health treatment or by an entity or individ-
 ual  approved by the commissioner, or is directed in a specific instance
 to use an epinephrine [auto-injector] device by a  health  care  practi-
 tioner. 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  administration of an
 epinephrine [auto-injector] DEVICE; and (iv) emergency follow-up  proce-
 dures.
   (d) This section does not prohibit the use of an epinephrine [auto-in-
 jector]  device  (i)  by  a health care practitioner or (ii) by a person
 acting pursuant to a lawful patient-specific prescription.
   (e) Every eligible person 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.
   (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]  DEVICE,  except  as  provided  for in subdivision
 five-d of section two hundred twenty-five of this chapter.
   3. Prescriptions. (a) A health care practitioner who is authorized  to
 prescribe drugs may prescribe, dispense or provide an epinephrine [auto-
 A. 5392                             3

 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] DEVICE
 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-injec-
 tor] device pursuant to this section shall be considered  first  aid  or
 emergency  treatment  for the purpose of any statute relating to liabil-
 ity.
   (b) Purchase, acquisition, possession or use of an epinephrine  [auto-
 injector]  device  pursuant  to  this  section  shall not constitute the
 unlawful 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.
   §  2.  Subdivision  2  of  section 3000-a of the public health law, as
 amended by chapter 373 of the laws  of  2016,  is  amended  to  read  as
 follows:
   2.  (i)  Any  person  or  entity that purchases, operates, facilitates
 implementation or makes available resuscitation equipment  that  facili-
 tates  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 training under section three thousand-c of this arti-
 cle, 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) a  health  care
 practitioner  that  prescribes,  dispenses  or  provides  an epinephrine
 [auto-injector] device under section three thousand-c of  this  article,
 shall  not  be  liable  for  damages arising either from the use of that
 equipment by a person who voluntarily and without expectation  of  mone-
 tary  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 subdivision shall not limit
 the person's or entity's, the emergency health care provider's, or other
 health care practitioner's liability for [his, her  or  its]  THEIR  own
 negligence, gross negligence or intentional misconduct.
   §  3. Subdivision 1 of section 902-b of the education law, as added by
 chapter 423 of the laws of 2014, is amended to read as follows:
   1. (A) Licensed nurses, nurse practitioners, physician assistants,  or
 physicians  employed  by schools are authorized to administer prescribed
 epinephrine pursuant to the scope of practice of the licensed individual
 under title VIII of this chapter, to pupils diagnosed by a physician  or
 other  duly authorized health care provider with an allergy who have the
 written permission of a physician or other duly authorized  health  care
 provider  for  the  administration  of emergency epinephrine and written
 parental consent to carry and use an epinephrine [auto injector]  DEVICE
 pursuant  to  section nine hundred sixteen-a of this article, during the
 school day on school property and at any school function as  such  terms
 are defined, respectively, by subdivisions one and two of section eleven
 of this chapter.
   (B)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  THE TERM "EPINEPHRINE
 DEVICE" SHALL HAVE THE SAME MEANING AS SET FORTH  IN  PARAGRAPH  (B)  OF
 SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
 A. 5392                             4
 
   §  4. Subdivision 1 of section 916-a of the education law, as added by
 chapter 423 of the laws of 2014, is amended to read as follows:
   1.  (A) The board of education or trustees of each school district and
 board of cooperative educational services shall allow  pupils  who  have
 been  diagnosed  by  a  physician  or  other duly authorized health care
 provider with an allergy to carry and use a prescribed epinephrine [auto
 injector] DEVICE for  the  emergency  treatment  of  allergic  reactions
 during  the  school day on school property and at any school function as
 such terms are defined, respectively, by subdivisions  one  and  two  of
 section  eleven of this chapter, with the written permission of a physi-
 cian or other duly authorized  health  provider,  and  written  parental
 consent.  The  written  permission  shall  include an attestation by the
 physician or the health care provider confirming the following: [(a)](I)
 the pupil's diagnosis of an  allergy  for  which  an  epinephrine  [auto
 injector]  DEVICE  is  needed;  and [(b)] (II) that the pupil has demon-
 strated that [he or she] SUCH PUPIL can self-administer  the  prescribed
 epinephrine  [auto  injector] DEVICE effectively. The written permission
 shall also include the circumstances which may warrant the  use  of  the
 epinephrine  [auto  injector]  DEVICE.    A  record  of such consent and
 permission shall  be  maintained  in  the  student's  cumulative  health
 record.  In  addition, upon the written request of a parent or person in
 parental relation, the board  of  education  or  trustees  of  a  school
 district  and board of cooperative educational services shall allow such
 pupils to maintain an extra epinephrine [auto injector] DEVICE  for  the
 emergency  treatment  of allergies in the care and custody of A licensed
 nurse, nurse practitioner, physician assistant, or physician employed by
 such district or board of cooperative educational services, and shall be
 readily accessible to such pupil. Nothing in this section shall  require
 a school district or board of cooperative educational services to retain
 a  licensed nurse, nurse practitioner, physician assistant, or physician
 solely for the purpose of taking custody of a  spare  epinephrine  [auto
 injector]  DEVICE  for the emergency treatment of allergic reactions, or
 require that a licensed nurse, nurse practitioner, physician  assistant,
 or  physician  be available at all times in a school building for taking
 custody of the epinephrine [auto injector] DEVICE.    In  addition,  the
 epinephrine  [auto  injector]  DEVICE provided by the pupil's parents or
 persons in parental relation will be made  available  to  the  pupil  as
 needed  in accordance with the school district's or board of cooperative
 educational services' policy and the orders prescribed  in  the  written
 permission of the physician or other authorized health care provider.
   (B)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  THE TERM "EPINEPHRINE
 DEVICE" SHALL HAVE THE SAME MEANING AS SET FORTH  IN  PARAGRAPH  (B)  OF
 SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
   §  5. Subdivision 1 of section 921 of the education law, as amended by
 chapter 339 of the laws of 2021, is amended to read as follows:
   1. (A) The board of education or trustees of each school district  and
 board  of  cooperative  educational  services  and nonpublic schools are
 authorized, but not obligated to have licensed  registered  professional
 nurses,  nurse practitioners, physician assistants, and physicians train
 unlicensed  school  personnel  to  administer  prescribed  glucagon   or
 epinephrine  [auto  injectors] DEVICES in emergency situations, where an
 appropriately licensed health professional is not available,  to  pupils
 who  have the written permission of a physician or other duly authorized
 health care provider for the administration of glucagon or AN  emergency
 epinephrine [auto injector] DEVICE, along with written parental consent,
 during  the  school day on school property and at any school function as
 A. 5392                             5

 such terms are defined, respectively, by subdivisions  one  and  two  of
 section eleven of this chapter. Training must be provided by a physician
 or  other  duly authorized licensed health care professional in a compe-
 tent manner and must be completed in a form and manner prescribed by the
 commissioner in regulation.
   (B)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  THE TERM "EPINEPHRINE
 DEVICE" SHALL HAVE THE SAME MEANING AS SET FORTH  IN  PARAGRAPH  (B)  OF
 SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
   §  6. Section 921-a of the education law, as amended by chapter 200 of
 the laws of 2017, subdivision 3 as added by chapter 422 of the  laws  of
 2023, is amended to read as follows:
   §   921-a.  On-site  epinephrine  [auto-injector]  DEVICE.  1.  School
 districts, boards of cooperative educational services, county vocational
 education and extension boards, charter schools, and non-public  elemen-
 tary  and  secondary  schools  in  this  state  may provide and maintain
 on-site in each instructional school facility  epinephrine  [auto-injec-
 tors]  DEVICES  in  quantities  and types deemed by the commissioner, in
 consultation with the commissioner of health, to be adequate  to  ensure
 ready  and  appropriate access for use during emergencies to any student
 or staff having anaphylactic symptoms whether or not there is a previous
 history of severe allergic reaction.
   2. School districts, boards of cooperative educational services, coun-
 ty vocational education and extension boards, charter schools, and  non-
 public  elementary  and  secondary  schools  in  this  state, any person
 employed by any such entity, or employed by  a  contractor  of  such  an
 entity  while performing services for the entity may administer epineph-
 rine [auto-injectors] DEVICES in the event of an emergency  pursuant  to
 the requirements of section three thousand-c of the public health law.
   3. School districts, boards of cooperative educational services, coun-
 ty  vocational education and extension boards, charter schools, and non-
 public elementary and secondary schools in this state that  are  author-
 ized  to  provide  and  maintain  epinephrine  [auto-injectors]  DEVICES
 on-site pursuant to this section shall provide all teachers with written
 informational material on the  use  of  an  epinephrine  [auto-injector]
 DEVICE that has been created and approved by the commissioner of health.
   4.  FOR  THE  PURPOSES  OF THIS SECTION, THE TERM "EPINEPHRINE DEVICE"
 SHALL HAVE THE SAME MEANING AS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION
 ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
   § 7. This act shall take effect immediately.

2025-A5392A - Details

See Senate Version of this Bill:: S7807
Law Section:: Public Health Law
Laws Affected:: Amd §§3000-c, 3000-a & 225, Pub Health L; amd §§902-b, 916-a, 921 & 921-a, Ed L; amd §§3216, 3221 & 4303, Ins L

2025-A5392A - Summary

2025-A5392A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5392--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Health -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law and the education law, in relation
   to expanding the definition of epinephrine devices to include epineph-
   rine nasal sprays
 
   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  amended  by
 chapter  373  of  the  laws  of  2016, paragraph (a) of subdivision 1 as
 amended by chapter 472 of the laws of 2024, and paragraph (f) of  subdi-
 vision  2  as  amended by chapter 373 of the laws of 2016, is amended to
 read as follows:
   § 3000-c. Epinephrine [auto-injector] devices. 1. Definitions. As used
 in this section:
   (a) "Eligible person or entity" means: (i)  an  ambulance  service  or
 advanced  life support first response service; a certified first respon-
 der, firefighter in a county, city, town or village having a  population
 of  less  than  two  million  provided such county is not wholly located
 within a city with a population of  more  than  one  million,  emergency
 medical  technician,  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;
 (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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09090-02-5

 A. 5392--A                          2
 
 entity while performing services for the entity; (iv) a  sports,  enter-
 tainment, 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; (v)
 a  police  officer  or  peace officer in a county, city, town or village
 having a population of less than two million provided such county is not
 wholly located within a city with a population of more than one million;
 (vi) forest rangers, park rangers and environmental conservation  police
 officers;  and  (vii) any other person or entity designated or approved,
 or in a category designated or approved pursuant to regulations  of  the
 commissioner in consultation with other appropriate agencies.
   (b)  "Epinephrine  [auto-injector]  device"  means  [a  single-use] AN
 EPINEPHRINE DELIVERY device OR PRODUCT APPROVED BY THE FEDERAL FOOD  AND
 DRUG  ADMINISTRATION  AND  used  for the automatic injection OR ADMINIS-
 TRATION 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] SUCH HEALTH CARE  PRACTITIONER'S
 practice.
   2. Possession and use. (a) Any eligible person or entity may purchase,
 acquire,  possess  and use epinephrine [auto-injector] devices for emer-
 gency treatment of a person appearing to experience  anaphylactic  symp-
 toms, 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] DEVICES acquired
 by the eligible person or entity.
   (c) No one may use an epinephrine [auto-injector] device on behalf  of
 an  eligible  person or entity unless [he or she has] THEY HAVE success-
 fully completed a training course in the use of epinephrine [auto-injec-
 tor] devices conducted by a nationally recognized  organization  experi-
 enced  in  training  laypersons  in  emergency health treatment or by an
 entity or individual approved by the commissioner, 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] DEVICE; 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 or  (ii)  by  a  person
 acting pursuant to a lawful patient-specific prescription.
   (e)  Every  eligible  person  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.
   (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] DEVICE.
   3. Prescriptions. (a) A health care practitioner who is authorized  to
 prescribe drugs may prescribe, dispense or provide an epinephrine [auto-
 A. 5392--A                          3

 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] DEVICE
 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-injec-
 tor] device pursuant to this section shall be considered  first  aid  or
 emergency  treatment  for the purpose of any statute relating to liabil-
 ity.
   (b) Purchase, acquisition, possession or use of an epinephrine  [auto-
 injector]  device  pursuant  to  this  section  shall not constitute the
 unlawful 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.
   §  2.  Paragraph  (f) of subdivision 2 of section 3000-c of the public
 health law, as amended by chapter 22 of the laws of 2025, 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]  DEVICE,  except  as  provided  for in subdivision
 five-e of section two hundred twenty-five of this chapter.
   § 3. Subdivision 2 of section 3000-a of  the  public  health  law,  as
 amended  by  chapter  373  of  the  laws  of 2016, is amended to read as
 follows:
   2. (i) Any person or  entity  that  purchases,  operates,  facilitates
 implementation  or  makes available resuscitation equipment that facili-
 tates 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 training under section three thousand-c of  this  arti-
 cle,  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) a health care
 practitioner that  prescribes,  dispenses  or  provides  an  epinephrine
 [auto-injector]  device  under section three thousand-c of this article,
 shall not be liable for damages arising either  from  the  use  of  that
 equipment  by  a person who voluntarily and without expectation of mone-
 tary 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 subdivision shall  not  limit
 the person's or entity's, the emergency health care provider's, or other
 health  care  practitioner's  liability  for [his, her or its] THEIR own
 negligence, gross negligence or intentional misconduct.
   § 4. Subdivision 5-e of section 225 of the public health law, as added
 by chapter 461 of the laws of 2024 and as renumbered by  chapter  22  of
 the laws of 2025, is amended to read as follows:
   5-e.  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)
 A. 5392--A                          4
 
 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
 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
 monetary compensation renders emergency medical or first  aid  treatment
 using  an  epinephrine [auto-injector] device which has been made avail-
 able pursuant to this section, to a person who is  unconscious,  ill  or
 injured,  shall  be  liable only pursuant to section three thousand-a of
 this chapter.
   (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.
   (g) (i) Operation of an epinephrine [auto-injector] device pursuant to
 this section shall be considered first aid or  emergency  treatment  for
 the purpose of any statute relating to liability.
   (ii)  Operation  of  an epinephrine [auto-injector] device pursuant to
 this section shall not constitute the unlawful practice of a  profession
 under title eight of the education law.
   §  5. Subdivision 1 of section 902-b of the education law, as added by
 chapter 423 of the laws of 2014, is amended to read as follows:
   1. (A) Licensed nurses, nurse practitioners, physician assistants,  or
 physicians  employed  by schools are authorized to administer prescribed
 epinephrine pursuant to the scope of practice of the licensed individual
 under title VIII of this chapter, to pupils diagnosed by a physician  or
 other  duly authorized health care provider with an allergy who have the
 written permission of a physician or other duly authorized  health  care
 provider  for  the  administration  of emergency epinephrine and written
 A. 5392--A                          5
 
 parental consent to carry and use an epinephrine [auto injector]  DEVICE
 pursuant  to  section nine hundred sixteen-a of this article, during the
 school day on school property and at any school function as  such  terms
 are defined, respectively, by subdivisions one and two of section eleven
 of this chapter.
   (B)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  THE TERM "EPINEPHRINE
 DEVICE" SHALL HAVE THE SAME MEANING AS SET FORTH  IN  PARAGRAPH  (B)  OF
 SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
   §  6. Subdivision 1 of section 916-a of the education law, as added by
 chapter 423 of the laws of 2014, is amended to read as follows:
   1. (A) The board of education or trustees of each school district  and
 board  of  cooperative  educational services shall allow pupils who have
 been diagnosed by a physician  or  other  duly  authorized  health  care
 provider with an allergy to carry and use a prescribed epinephrine [auto
 injector]  DEVICE  for  the  emergency  treatment  of allergic reactions
 during the school day on school property and at any school  function  as
 such  terms  are  defined,  respectively, by subdivisions one and two of
 section eleven of this chapter, with the written permission of a  physi-
 cian  or  other  duly  authorized  health provider, and written parental
 consent. The written permission shall  include  an  attestation  by  the
 physician or the health care provider confirming the following: [(a)](I)
 the  pupil's  diagnosis  of  an  allergy  for which an epinephrine [auto
 injector] DEVICE is needed; and [(b)] (II) that  the  pupil  has  demon-
 strated  that  [he or she] SUCH PUPIL can self-administer the prescribed
 epinephrine [auto injector] DEVICE effectively. The  written  permission
 shall  also  include  the circumstances which may warrant the use of the
 epinephrine [auto injector] DEVICE.    A  record  of  such  consent  and
 permission  shall  be  maintained  in  the  student's  cumulative health
 record. In addition, upon the written request of a parent or  person  in
 parental  relation,  the  board  of  education  or  trustees of a school
 district and board of cooperative educational services shall allow  such
 pupils  to  maintain an extra epinephrine [auto injector] DEVICE for the
 emergency treatment of allergies in the care and custody of  A  licensed
 nurse, nurse practitioner, physician assistant, or physician employed by
 such district or board of cooperative educational services, and shall be
 readily  accessible to such pupil. Nothing in this section shall require
 a school district or board of cooperative educational services to retain
 a licensed nurse, nurse practitioner, physician assistant, or  physician
 solely  for  the  purpose of taking custody of a spare epinephrine [auto
 injector] DEVICE for the emergency treatment of allergic  reactions,  or
 require  that a licensed nurse, nurse practitioner, physician assistant,
 or physician be available at all times in a school building  for  taking
 custody  of  the  epinephrine [auto injector] DEVICE.   In addition, the
 epinephrine [auto injector] DEVICE provided by the  pupil's  parents  or
 persons  in  parental  relation  will  be made available to the pupil as
 needed in accordance with the school district's or board of  cooperative
 educational  services'  policy  and the orders prescribed in the written
 permission of the physician or other authorized health care provider.
   (B) FOR THE  PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM  "EPINEPHRINE
 DEVICE"  SHALL  HAVE  THE  SAME MEANING AS SET FORTH IN PARAGRAPH (B) OF
 SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
   § 7. Subdivision 1 of section 921 of the education law, as amended  by
 chapter 339 of the laws of 2021, is amended to read as follows:
   1.  (A) The board of education or trustees of each school district and
 board of cooperative educational  services  and  nonpublic  schools  are
 authorized,  but  not obligated to have licensed registered professional
 A. 5392--A                          6
 
 nurses, nurse practitioners, physician assistants, and physicians  train
 unlicensed   school  personnel  to  administer  prescribed  glucagon  or
 epinephrine [auto injectors] DEVICES in emergency situations,  where  an
 appropriately  licensed  health professional is not available, to pupils
 who have the written permission of a physician or other duly  authorized
 health  care provider for the administration of glucagon or AN emergency
 epinephrine [auto injector] DEVICE, along with written parental consent,
 during the school day on school property and at any school  function  as
 such  terms  are  defined,  respectively, by subdivisions one and two of
 section eleven of this chapter. Training must be provided by a physician
 or other duly authorized licensed health care professional in  a  compe-
 tent manner and must be completed in a form and manner prescribed by the
 commissioner in regulation.
   (B)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  THE TERM "EPINEPHRINE
 DEVICE" SHALL HAVE THE SAME MEANING AS SET FORTH  IN  PARAGRAPH  (B)  OF
 SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
   §  8. Section 921-a of the education law, as amended by chapter 200 of
 the laws of 2017, subdivision 3 as added by chapter 422 of the  laws  of
 2023, is amended to read as follows:
   §   921-a.  On-site  epinephrine  [auto-injector]  DEVICE.  1.  School
 districts, boards of cooperative educational services, county vocational
 education and extension boards, charter schools, and non-public  elemen-
 tary  and  secondary  schools  in  this  state  may provide and maintain
 on-site in each instructional school facility  epinephrine  [auto-injec-
 tors]  DEVICES  in  quantities  and types deemed by the commissioner, in
 consultation with the commissioner of health, to be adequate  to  ensure
 ready  and  appropriate access for use during emergencies to any student
 or staff having anaphylactic symptoms whether or not there is a previous
 history of severe allergic reaction.
   2. School districts, boards of cooperative educational services, coun-
 ty vocational education and extension boards, charter schools, and  non-
 public  elementary  and  secondary  schools  in  this  state, any person
 employed by any such entity, or employed by  a  contractor  of  such  an
 entity  while performing services for the entity may administer epineph-
 rine [auto-injectors] DEVICES in the event of an emergency  pursuant  to
 the requirements of section three thousand-c of the public health law.
   3. School districts, boards of cooperative educational services, coun-
 ty  vocational education and extension boards, charter schools, and non-
 public elementary and secondary schools in this state that  are  author-
 ized  to  provide  and  maintain  epinephrine  [auto-injectors]  DEVICES
 on-site pursuant to this section shall provide all teachers with written
 informational material on the  use  of  an  epinephrine  [auto-injector]
 DEVICE that has been created and approved by the commissioner of health.
   4.  FOR  THE  PURPOSES  OF THIS SECTION, THE TERM "EPINEPHRINE DEVICE"
 SHALL HAVE THE SAME MEANING AS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION
 ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
   § 9. This act shall take effect immediately; provided,  however,  that
 sections two and four of this act shall take effect on the same date and
 in the same manner as chapter 461 of the laws of 2024, as amended, takes
 effect.

co-Sponsors

2025-A5392B (ACTIVE) - Details

See Senate Version of this Bill:: S7807
Law Section:: Public Health Law
Laws Affected:: Amd §§3000-c, 3000-a & 225, Pub Health L; amd §§902-b, 916-a, 921 & 921-a, Ed L; amd §§3216, 3221 & 4303, Ins L

2025-A5392B (ACTIVE) - Summary

2025-A5392B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5392--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Health -- committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the public health law, the education law and the  insur-
   ance  law,  in  relation  to  expanding  the definition of epinephrine
   devices to include epinephrine nasal sprays
 
   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 amended by
 chapter 373 of the laws of 2016,  paragraph  (a)  of  subdivision  1  as
 amended  by chapter 472 of the laws of 2024, and paragraph (f) of subdi-
 vision 2 as amended by chapter 373 of the laws of 2016,  is  amended  to
 read as follows:
   § 3000-c. Epinephrine [auto-injector] devices. 1. Definitions. As used
 in this section:
   (a)  "Eligible  person  or  entity" means: (i) an ambulance service or
 advanced life support first response service; a certified first  respon-
 der,  firefighter in a county, city, town or village having a population
 of less than two million provided such  county  is  not  wholly  located
 within  a  city  with  a  population of more than one million, emergency
 medical technician, 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;
 (iii)  a  school  district,  board  of cooperative educational services,
 county vocational education and extension  board,  charter  school,  and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09090-04-5

 A. 5392--B                          2
 
 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; (iv) a sports, enter-
 tainment, 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; (v)
 a police officer or peace officer in a county,  city,  town  or  village
 having a population of less than two million provided such county is not
 wholly located within a city with a population of more than one million;
 (vi)  forest rangers, park rangers and environmental conservation police
 officers; and (vii) any other person or entity designated  or  approved,
 or  in  a category designated or approved pursuant to regulations of the
 commissioner in consultation with other appropriate agencies.
   (b) "Epinephrine  [auto-injector]  device"  means  [a  single-use]  AN
 EPINEPHRINE  DELIVERY device OR PRODUCT APPROVED BY THE FEDERAL FOOD AND
 DRUG ADMINISTRATION AND used for the  automatic  injection  OR  ADMINIS-
 TRATION 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] SUCH HEALTH CARE PRACTITIONER'S
 practice.
   2. Possession and use. (a) Any eligible person or entity may purchase,
 acquire, possess and use epinephrine [auto-injector] devices  for  emer-
 gency  treatment  of a person appearing to experience anaphylactic symp-
 toms, 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]  DEVICES  acquired
 by the eligible person or entity.
   (c)  No one may use an epinephrine [auto-injector] device on behalf of
 an eligible person or entity unless [he or she has] THEY  HAVE  success-
 fully completed a training course in the use of epinephrine [auto-injec-
 tor]  devices  conducted by a nationally recognized organization experi-
 enced in training laypersons in emergency  health  treatment  or  by  an
 entity  or  individual approved by the commissioner, 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]  DEVICE;  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 or (ii) by a person
 acting pursuant to a lawful patient-specific prescription.
   (e) Every eligible person 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.
   (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] DEVICE.
 A. 5392--B                          3
 
   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] DEVICE
 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-injec-
 tor] device pursuant to this section shall be considered  first  aid  or
 emergency  treatment  for the purpose of any statute relating to liabil-
 ity.
   (b) Purchase, acquisition, possession or use of an epinephrine  [auto-
 injector]  device  pursuant  to  this  section  shall not constitute the
 unlawful 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.
   §  2.  Paragraph  (f) of subdivision 2 of section 3000-c of the public
 health law, as amended by chapter 22 of the laws of 2025, 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]  DEVICE,  except  as  provided  for in subdivision
 five-e of section two hundred twenty-five of this chapter.
   § 3. Subdivision 2 of section 3000-a of  the  public  health  law,  as
 amended  by  chapter  373  of  the  laws  of 2016, is amended to read as
 follows:
   2. (i) Any person or  entity  that  purchases,  operates,  facilitates
 implementation  or  makes available resuscitation equipment that facili-
 tates 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 training under section three thousand-c of  this  arti-
 cle,  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) a health care
 practitioner that  prescribes,  dispenses  or  provides  an  epinephrine
 [auto-injector]  device  under section three thousand-c of this article,
 shall not be liable for damages arising either  from  the  use  of  that
 equipment  by  a person who voluntarily and without expectation of mone-
 tary 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 subdivision shall  not  limit
 the person's or entity's, the emergency health care provider's, or other
 health  care  practitioner's  liability  for [his, her or its] THEIR own
 negligence, gross negligence or intentional misconduct.
   § 4. Subdivision 5-e of section 225 of the public health law, as added
 by chapter 461 of the laws of 2024 and as renumbered by  chapter  22  of
 the laws of 2025, is amended to read as follows:
   5-e.  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-
 A. 5392--B                          4
 
 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
 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
 monetary  compensation  renders emergency medical or first aid treatment
 using an epinephrine [auto-injector] device which has been  made  avail-
 able  pursuant  to  this section, to a person who is unconscious, ill or
 injured, shall be liable only pursuant to section  three  thousand-a  of
 this chapter.
   (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.
   (g) (i) Operation of an epinephrine [auto-injector] device pursuant to
 this  section  shall  be considered first aid or emergency treatment for
 the purpose of any statute relating to liability.
   (ii) Operation of an epinephrine [auto-injector]  device  pursuant  to
 this  section shall not constitute the unlawful practice of a profession
 under title eight of the education law.
   § 5. Subdivision 1 of section 902-b of the education law, as added  by
 chapter 423 of the laws of 2014, is amended to read as follows:
   1.  (A) Licensed nurses, nurse practitioners, physician assistants, or
 physicians employed by schools are authorized to  administer  prescribed
 epinephrine pursuant to the scope of practice of the licensed individual
 under  title VIII of this chapter, to pupils diagnosed by a physician or
 other duly authorized health care provider with an allergy who have  the
 A. 5392--B                          5
 
 written  permission  of a physician or other duly authorized health care
 provider for the administration of  emergency  epinephrine  and  written
 parental  consent to carry and use an epinephrine [auto injector] DEVICE
 pursuant  to  section nine hundred sixteen-a of this article, during the
 school day on school property and at any school function as  such  terms
 are defined, respectively, by subdivisions one and two of section eleven
 of this chapter.
   (B)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  THE TERM "EPINEPHRINE
 DEVICE" SHALL HAVE THE SAME MEANING AS SET FORTH  IN  PARAGRAPH  (B)  OF
 SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
   §  6. Subdivision 1 of section 916-a of the education law, as added by
 chapter 423 of the laws of 2014, is amended to read as follows:
   1. (A) The board of education or trustees of each school district  and
 board  of  cooperative  educational services shall allow pupils who have
 been diagnosed by a physician  or  other  duly  authorized  health  care
 provider with an allergy to carry and use a prescribed epinephrine [auto
 injector]  DEVICE  for  the  emergency  treatment  of allergic reactions
 during the school day on school property and at any school  function  as
 such  terms  are  defined,  respectively, by subdivisions one and two of
 section eleven of this chapter, with the written permission of a  physi-
 cian  or  other  duly  authorized  health provider, and written parental
 consent. The written permission shall  include  an  attestation  by  the
 physician or the health care provider confirming the following: [(a)](I)
 the  pupil's  diagnosis  of  an  allergy  for which an epinephrine [auto
 injector] DEVICE is needed; and [(b)] (II) that  the  pupil  has  demon-
 strated  that  [he or she] SUCH PUPIL can self-administer the prescribed
 epinephrine [auto injector] DEVICE effectively. The  written  permission
 shall  also  include  the circumstances which may warrant the use of the
 epinephrine [auto injector] DEVICE.    A  record  of  such  consent  and
 permission  shall  be  maintained  in  the  student's  cumulative health
 record. In addition, upon the written request of a parent or  person  in
 parental  relation,  the  board  of  education  or  trustees of a school
 district and board of cooperative educational services shall allow  such
 pupils  to  maintain an extra epinephrine [auto injector] DEVICE for the
 emergency treatment of allergies in the care and custody of  A  licensed
 nurse, nurse practitioner, physician assistant, or physician employed by
 such district or board of cooperative educational services, and shall be
 readily  accessible to such pupil. Nothing in this section shall require
 a school district or board of cooperative educational services to retain
 a licensed nurse, nurse practitioner, physician assistant, or  physician
 solely  for  the  purpose of taking custody of a spare epinephrine [auto
 injector] DEVICE for the emergency treatment of allergic  reactions,  or
 require  that a licensed nurse, nurse practitioner, physician assistant,
 or physician be available at all times in a school building  for  taking
 custody  of  the  epinephrine [auto injector] DEVICE.   In addition, the
 epinephrine [auto injector] DEVICE provided by the  pupil's  parents  or
 persons  in  parental  relation  will  be made available to the pupil as
 needed in accordance with the school district's or board of  cooperative
 educational  services'  policy  and the orders prescribed in the written
 permission of the physician or other authorized health care provider.
   (B) FOR THE  PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM  "EPINEPHRINE
 DEVICE"  SHALL  HAVE  THE  SAME MEANING AS SET FORTH IN PARAGRAPH (B) OF
 SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
   § 7. Subdivision 1 of section 921 of the education law, as amended  by
 chapter 339 of the laws of 2021, is amended to read as follows:
 A. 5392--B                          6
 
   1.  (A) The board of education or trustees of each school district and
 board of cooperative educational  services  and  nonpublic  schools  are
 authorized,  but  not obligated to have licensed registered professional
 nurses, nurse practitioners, physician assistants, and physicians  train
 unlicensed   school  personnel  to  administer  prescribed  glucagon  or
 epinephrine [auto injectors] DEVICES in emergency situations,  where  an
 appropriately  licensed  health professional is not available, to pupils
 who have the written permission of a physician or other duly  authorized
 health  care provider for the administration of glucagon or AN emergency
 epinephrine [auto injector] DEVICE, along with written parental consent,
 during the school day on school property and at any school  function  as
 such  terms  are  defined,  respectively, by subdivisions one and two of
 section eleven of this chapter. Training must be provided by a physician
 or other duly authorized licensed health care professional in  a  compe-
 tent manner and must be completed in a form and manner prescribed by the
 commissioner in regulation.
   (B)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  THE TERM "EPINEPHRINE
 DEVICE" SHALL HAVE THE SAME MEANING AS SET FORTH  IN  PARAGRAPH  (B)  OF
 SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
   §  8. Section 921-a of the education law, as amended by chapter 200 of
 the laws of 2017, subdivision 3 as added by chapter 422 of the  laws  of
 2023, is amended to read as follows:
   §   921-a.  On-site  epinephrine  [auto-injector]  DEVICE.  1.  School
 districts, boards of cooperative educational services, county vocational
 education and extension boards, charter schools, and non-public  elemen-
 tary  and  secondary  schools  in  this  state  may provide and maintain
 on-site in each instructional school facility  epinephrine  [auto-injec-
 tors]  DEVICES  in  quantities  and types deemed by the commissioner, in
 consultation with the commissioner of health, to be adequate  to  ensure
 ready  and  appropriate access for use during emergencies to any student
 or staff having anaphylactic symptoms whether or not there is a previous
 history of severe allergic reaction.
   2. School districts, boards of cooperative educational services, coun-
 ty vocational education and extension boards, charter schools, and  non-
 public  elementary  and  secondary  schools  in  this  state, any person
 employed by any such entity, or employed by  a  contractor  of  such  an
 entity  while performing services for the entity may administer epineph-
 rine [auto-injectors] DEVICES in the event of an emergency  pursuant  to
 the requirements of section three thousand-c of the public health law.
   3. School districts, boards of cooperative educational services, coun-
 ty  vocational education and extension boards, charter schools, and non-
 public elementary and secondary schools in this state that  are  author-
 ized  to  provide  and  maintain  epinephrine  [auto-injectors]  DEVICES
 on-site pursuant to this section shall provide all teachers with written
 informational material on the  use  of  an  epinephrine  [auto-injector]
 DEVICE that has been created and approved by the commissioner of health.
   4.  FOR  THE  PURPOSES  OF THIS SECTION, THE TERM "EPINEPHRINE DEVICE"
 SHALL HAVE THE SAME MEANING AS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION
 ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
   § 9. Paragraph 39 of subsection (i) of section 3216 of  the  insurance
 law,  as  added  by chapter 553 of the laws of 2024, subparagraph (A) as
 amended by chapter 81 of the  laws  of  2025,  is  amended  to  read  as
 follows:
   (39)  (A) Every insurer issuing a policy of accident and health insur-
 ance delivered or issued for delivery in this state which provides major
 medical or similar comprehensive-type coverage and provides coverage for
 A. 5392--B                          7
 
 prescription  drugs  shall  include  coverage  for  medically  necessary
 epinephrine [auto-injector] devices for the emergency treatment of life-
 threatening  allergic  reactions. Such coverage may be subject to annual
 deductibles  and  coinsurance as may be deemed appropriate by the super-
 intendent; provided  however,  the  total  amount  that  an  insured  is
 required  to  pay  out-of-pocket  for such devices shall be capped at an
 amount not to exceed one hundred  dollars  annually  regardless  of  the
 insured's  deductible,  copayment, coinsurance or any other cost-sharing
 requirement. If under federal law, application of the annual  cap  would
 result  in  health  savings account ineligibility under 26 USC 223, such
 coverage may be subject to the plan's annual deductible, except for with
 respect to items or services that are preventive care pursuant to 26 USC
 223(c)(2)(C), in which case the requirements  of  this  paragraph  shall
 apply  regardless of whether the minimum deductible under 26 USC 223 has
 been satisfied.
   (B) For the purposes of this paragraph,  "epinephrine  [auto-injector]
 device"  shall  have  the  same  meaning as provided in paragraph (b) of
 subdivision one of section three thousand-c of the public health law.
   § 10. Paragraph 23 of subsection (k) of section 3221 of the  insurance
 law,  as  added  by chapter 553 of the laws of 2024, subparagraph (A) as
 amended by chapter 81 of the  laws  of  2025,  is  amended  to  read  as
 follows:
   (23)  (A)  Every group or blanket policy of accident and health insur-
 ance delivered or issued for delivery in this state which provides major
 medical or similar comprehensive-type coverage and provides coverage for
 prescription  drugs  shall  provide  coverage  for  medically  necessary
 epinephrine [auto-injector] devices for the emergency treatment of life-
 threatening  allergic  reactions. Such coverage may be subject to annual
 deductibles and coinsurance as may be deemed appropriate by  the  super-
 intendent;  provided  however,  the  total  amount  that  an  insured is
 required to pay out-of-pocket for such devices shall  be  capped  at  an
 amount  not  to  exceed  one  hundred dollars annually regardless of the
 insured's deductible, copayment, coinsurance or any  other  cost-sharing
 requirement.  If  under federal law, application of the annual cap would
 result in health savings account ineligibility under 26  USC  223,  such
 coverage may be subject to the plan's annual deductible, except for with
 respect to items or services that are preventive care pursuant to 26 USC
 223(c)(2)(C),  in  which  case  the requirements of this paragraph shall
 apply regardless of whether the minimum deductible under 26 USC 223  has
 been satisfied.
   (B)  For  the purposes of this paragraph, "epinephrine [auto-injector]
 device" shall have the same meaning as  provided  in  paragraph  (b)  of
 subdivision one of section three thousand-c of the public health law.
   §  11.  Subsection (vv) of section 4303 of the insurance law, as added
 by chapter 553 of the laws of 2024, subparagraph 1 as amended by chapter
 81 of the laws of 2025, is amended to read as follows:
   (vv) (1) Every medical expense indemnity corporation, hospital service
 corporation and health service corporation which provides major  medical
 or   similar  comprehensive-type  coverage  and  provides  coverage  for
 prescription  drugs  shall  provide  coverage  for  medically  necessary
 epinephrine [auto-injector] devices for the emergency treatment of life-
 threatening  allergic  reactions. Such coverage may be subject to annual
 deductibles and coinsurance as may be deemed appropriate by  the  super-
 intendent;  provided  however,  the  total  amount  that  an  insured is
 required to pay out-of-pocket for such devices shall  be  capped  at  an
 amount  not  to  exceed  one  hundred dollars annually regardless of the
 A. 5392--B                          8
 
 insured's deductible, copayment, coinsurance or any  other  cost-sharing
 requirement.  If  under federal law, application of the annual cap would
 result in health savings account ineligibility under 26  USC  223,  such
 coverage may be subject to the plan's annual deductible, except for with
 respect to items or services that are preventive care pursuant to 26 USC
 223(c)(2)(C),  in  which  case  the requirements of this paragraph shall
 apply regardless of whether the minimum deductible under 26 USC 223  has
 been satisfied.
   (2)  For the purposes of this subsection, "epinephrine [auto-injector]
 device" shall have the same meaning as  provided  in  paragraph  (b)  of
 subdivision one of section three thousand-c of the public health law.
   § 12. This act shall take effect immediately; provided,  however, that
 sections two and four of this act shall take effect on the same date and
 in the same manner as chapter 461 of the laws of 2024, as amended, takes
 effect;  provided further that sections nine, ten and eleven of this act
 shall take effect on the same date and in the same manner as chapter 553
 of the laws of 2024 takes effect.

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Assembly Bill A5392B

Sponsored By

Current Bill Status - On Floor Calendar

Bill Amendments

2025-A5392 - Details

2025-A5392 - Summary

2025-A5392 - Bill Text download pdf

2025-A5392A - Details

2025-A5392A - Summary

2025-A5392A - Bill Text download pdf

co-Sponsors

2025-A5392B (ACTIVE) - Details

2025-A5392B (ACTIVE) - Summary

2025-A5392B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A5392B

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Sponsored By

ROSENTHAL

Current Bill Status - On Floor Calendar

Bill Amendments

2025-A5392 - Details

2025-A5392 - Summary

2025-A5392 - Bill Text download pdf

2025-A5392A - Details

2025-A5392A - Summary

2025-A5392A - Bill Text download pdf

co-Sponsors

MaryJane Shimsky

Jen Lunsford

2025-A5392B (ACTIVE) - Details

2025-A5392B (ACTIVE) - Summary

2025-A5392B (ACTIVE) - Bill Text download pdf

Comments