Senate Bill S3858

2025-2026 Legislative Session

Requires epinephrine auto-injector devices at children's overnight, summer day and traveling summer camps

download bill text pdf

Current 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2025	referred to health

2025-S3858 (ACTIVE) - Details

See Assembly Version of this Bill:: A184
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3000-c, add §1392-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9884
2011-2012: A1771
2013-2014: S5159, A262
2015-2016: S50, A606
2017-2018: S264, A681
2019-2020: S1480, A1050
2021-2022: S443, A552
2023-2024: S2555, A1828

2025-S3858 (ACTIVE) - Summary

Requires epinephrine devices at children's overnight, summer day and traveling summer day camps.

2025-S3858 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3858

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring epineph-
rine devices at children's overnight, summer day and traveling summer
camps

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will require children's overnight, summer day and traveling
summer camps to stock epinephrine auto-injector devices.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph (a) of subdivision 1 of section 3000-c of
the public health law, as amended by chapter 350 of the laws of 2001 to
delete references to children's summer day camps.

Section two amends the public health law by adding a new section 1392-b
that defines "emergency health care provider." The section requires that

all entities operating children's summer camps must maintain a collabo-
rative agreement with an emergency health care provide and keep epineph-
rine auto-injectors on the premises. This section outlines the require-
ments for this collaborative agreement.  Regulations regarding
possession and use of epinephrine auto-injector devices are laid out.
Use of such devices is considered first aid or emergency treatment for
the purpose of any statute relating to liability.

Section three sets out the effective date.

 
JUSTIFICATION:

Over the last 10 years, allergies have reached epidemic proportions.
More than 2 million Americans suffer from anaphylaxis. The main causes
are insect stings or ingesting food or medication to which someone is
allergic. Children can face anaphylactic reactions including hives,
swellings, difficulty breathing, coma and death.  Unless they are given
immediate attention for anaphylactic shock, usually in the form of
epinephrine, children can die.

Epinephrine auto-injectors are used to treat anaphylactic shock and
their availability in a given situation may be a matter of life and
death. They are commonly prescribed to and carried by persons with
severe allergies because they can be self-administered and are fast-act-
ing. Epinephrine is a form of adrenaline and is an effective treatment
for an anaphylactic reaction. It works rapidly, reducing the swelling in
the chest and airways to ease breathing. In most cases, epinephrine
fully prevents or reverses an anaphylactic reaction, Governor Pataki
signed the Epinephrine Auto-Injector Device Law in 1999. This law
permits the possession and use of epinephrine auto-injectors by non-cer-
tified and non-licensed personnel (including specially trained staff in
children's day, overnight, and traveling camps), as well as health care
providers certified at the level that would normally allow for adminis-
tration of medication. This law's intent was to encourage greater acqui-
sition and use of epinephrine auto-injectors in order to reduce the
number of deaths associated with anaphylaxis.

However, children's summer camps currently have only the option of
carrying epinephrine auto-injectors. It is not required that they do so.
At the same time, children who participate in summer camp activities are
exposed to foods and outdoor situations that may be new to them and that
may potentially lead to life-threatening events (such as bee stings or
food allergies) and therefore to anaphylaxis.

This bill would require summer camps to have epinephrine auto-injectors
available in the event of such an emergency.

 
PRIOR LEGISLATIVE HISTORY:

S.2555 of 2023-2024( Hoylman-Sigal): Died in Health

A.1828 of 2023-2024 (Rosenthal L): Died in Health

S.0443 of 2021-2022 (Hoylman): Died in Health

A. 0552 of 2021-2022 (Rosenthal L): Died in Health

S.1480 of 2019-2020 (Hoylman): Died in Health

A.1050 of 2019-2020 (Rosenthl L): Died in Health

S.0264 of 2017-2018 (Hoylman): Died in Health

A.0681 of 2017-2018 (Rosenthal): Died in Health

S.50 of 2015-2016 (Hoylman): Died in Health

A.606 of 2015-2016 (Rosenthal):Diedin Health

S.5159 of 2013-2014 (Hoylman):Diedin Health

A.262 of 2013-2014 (Rosenthal):Diedin Health

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided that any rules and regulations neces-
sary to implement the provisions of this act on its effective date are
authorized and directed to be added, amended and/or repealed on or
before such date.

2025-S3858 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3858
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 requiring epineph-
   rine devices at children's overnight, summer day and traveling  summer
   camps

   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 472 of the laws of 2024, 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, 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  chil-
 dren'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)] (III) 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; [(v)] (IV) a police officer or peace officer in a coun-
 ty, city, town or village having a population of less than  two  million
 provided  such  county  is not wholly located within a city with a popu-
 lation of more than one million; [(vi)] (V) forest rangers, park rangers

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00948-01-5
 S. 3858                             2

 and environmental conservation police officers; [and (vii)] OR (VI)  any
 other  person  or entity designated or approved, or in a category desig-
 nated or approved pursuant to regulations of the commissioner in consul-
 tation with other appropriate agencies.
   §  2.  The public health law is amended by adding a new section 1392-b
 to read as follows:
   § 1392-B. EPINEPHRINE DEVICES REQUIRED. 1.   DEFINITIONS. AS  USED  IN
 THIS  SECTION,  "EMERGENCY  HEALTH  CARE PROVIDER" MEANS (A) A PHYSICIAN
 WITH KNOWLEDGE AND EXPERIENCE IN THE DELIVERY OF EMERGENCY CARE; OR  (B)
 A  HOSPITAL  LICENSED  UNDER  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER THAT
 PROVIDES EMERGENCY CARE.
   2. COLLABORATIVE AGREEMENT. (A) EVERY PERSON, FIRM, LIMITED  LIABILITY
 COMPANY,  ASSOCIATION  AND CORPORATION WHICH OPERATES A CHILDREN'S OVER-
 NIGHT, SUMMER DAY AND TRAVELING SUMMER DAY  CAMP,  AS  DEFINED  IN  THIS
 ARTICLE,  SHALL  MAINTAIN  A  COLLABORATIVE  AGREEMENT WITH AN EMERGENCY
 HEALTH CARE PROVIDER AND SHALL  HAVE  ON  THE  PREMISES  AN  EPINEPHRINE
 DEVICE.
   (B)  THE COLLABORATIVE AGREEMENT REQUIRED PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION SHALL INCLUDE A  WRITTEN  AGREEMENT  THAT  INCORPORATES
 WRITTEN  PRACTICE  PROTOCOLS,  AND  POLICIES  AND  PROCEDURES THAT SHALL
 ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. THE PERSON, FIRM,
 LIMITED LIABILITY COMPANY, ORGANIZATION OR ENTITY  OPERATING  THE  CHIL-
 DREN'S  OVERNIGHT, SUMMER DAY AND TRAVELING SUMMER DAY CAMP SHALL FILE A
 COPY OF THE COLLABORATIVE AGREEMENT WITH THE  DEPARTMENT  AND  WITH  THE
 APPROPRIATE REGIONAL COUNCIL PRIOR TO USING ANY EPINEPHRINE DEVICE.
   3.  POSSESSION  AND  USE OF EPINEPHRINE DEVICES. POSSESSION AND USE OF
 EPINEPHRINE DEVICES SHALL BE LIMITED AS FOLLOWS:
   (A) NO PERSON SHALL USE AN EPINEPHRINE DEVICE UNLESS SUCH PERSON SHALL
 HAVE SUCCESSFULLY COMPLETED A TRAINING COURSE IN THE USE OF  EPINEPHRINE
 DEVICES  APPROVED  BY  THE  COMMISSIONER  PURSUANT  TO  THE RULES OF THE
 DEPARTMENT. THIS SECTION DOES NOT PROHIBIT THE  USE  OF  AN  EPINEPHRINE
 DEVICE  (I)  BY  A  HEALTH CARE PRACTITIONER LICENSED OR CERTIFIED UNDER
 TITLE EIGHT OF THE EDUCATION LAW ACTING WITHIN THE SCOPE OF SUCH PRACTI-
 TIONER'S PRACTICE, OR (II) BY A  PERSON  ACTING  PURSUANT  TO  A  LAWFUL
 PRESCRIPTION.
   (B)  EVERY PERSON, FIRM, ORGANIZATION AND ENTITY AUTHORIZED TO POSSESS
 AND USE EPINEPHRINE DEVICES PURSUANT TO THIS SECTION SHALL USE, MAINTAIN
 AND DISPOSE OF SUCH DEVICES PURSUANT TO REGULATIONS OF THE DEPARTMENT.
   (C) EVERY USE OF AN EPINEPHRINE DEVICE PURSUANT TO THIS SECTION  SHALL
 IMMEDIATELY BE REPORTED TO THE EMERGENCY HEALTH CARE PROVIDER.
   4.  APPLICATION OF OTHER LAWS. (A) USE OF AN EPINEPHRINE DEVICE PURSU-
 ANT TO THIS SECTION SHALL BE CONSIDERED FIRST AID OR EMERGENCY TREATMENT
 FOR THE PURPOSE OF ANY STATUTE RELATING TO LIABILITY.
   (B) PURCHASE, ACQUISITION, POSSESSION OR USE OF AN EPINEPHRINE  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
 DEVICE  MAY  SELL  OR  PROVIDE  IT  TO A PERSON AUTHORIZED TO POSSESS IT
 PURSUANT TO THIS SECTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S3858

Sponsored By

Current Bill Status - In Senate Committee Health Committee

Actions

2025-S3858 (ACTIVE) - Details

2025-S3858 (ACTIVE) - Summary

2025-S3858 (ACTIVE) - Sponsor Memo

2025-S3858 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Health Committee

Actions

2025-S3858 (ACTIVE) - Details

2025-S3858 (ACTIVE) - Summary

2025-S3858 (ACTIVE) - Sponsor Memo

2025-S3858 (ACTIVE) - Bill Text download pdf

Comments