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This entry was published on 2021-08-06
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SECTION 3000-C
Epinephrine auto-injector devices
Public Health (PBH) CHAPTER 45, ARTICLE 30
§ 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
responder, firefighter in a city, town or village having a population of
less 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, 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) a police officer
or peace officer in a city, town or village having a population of less
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 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.

2. Possession and use. (a) Any eligible person or entity may purchase,
acquire, possess and use epinephrine auto-injector devices for emergency
treatment of a person appearing to experience anaphylactic symptoms,
under this section.

(b) An eligible person or entity shall designate one or more
individuals 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
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
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 administration of an
epinephrine auto-injector; and (iv) emergency follow-up procedures.

(d) This section does not prohibit the use of an epinephrine
auto-injector 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
entity to acquire, possess, store, make available, or administer an
epinephrine auto-injector.

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-patient-specific prescription.

(b) A pharmacist may dispense an epinephrine auto-injector 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
administer an epinephrine auto-injector device.

4. Application of other laws. (a) Use 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.

(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.