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This entry was published on 2022-12-30
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SECTION 3000-E
Rescue inhaler treatment devices
Public Health (PBH) CHAPTER 45, ARTICLE 30
§ 3000-e. Rescue inhaler treatment 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, 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; or (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; and (v) 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) "Rescue inhaler treatment device" means a device used for the
self-administration of inhaled rescue medications into the human body
for the purpose of emergency treatment of a person appearing to
experience an asthmatic or other respiratory disease 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 rescue inhaler treatment devices for emergency
treatment of a person appearing to experience asthmatic or other
respiratory disease 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 rescue inhaler treatment devices
acquired by the eligible person or entity.

(c) No one may use a rescue inhaler treatment device on behalf of an
eligible person or entity unless he or she has successfully completed a
training course in the use of rescue inhaler treatment 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 a rescue inhaler treatment device by a health care practitioner. The
training required by this paragraph shall include (i) how to recognize
signs and symptoms of severe asthmatic or other respiratory disease
reactions; (ii) recommended dosage for adults and children; (iii)
standards and procedures for the storage and administration of a rescue
inhaler treatment; and (iv) emergency follow-up procedures.

(d) This section does not prohibit the use of a rescue inhaler
treatment 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
rescue inhaler treatment devices pursuant to this section shall use and
maintain 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 a
rescue inhaler treatment.

3. Prescriptions. (a) A health care practitioner who is authorized to
prescribe drugs may prescribe, dispense or provide a rescue inhaler
treatment device to or for an eligible person or entity by a
non-patient-specific prescription.

(b) A pharmacist may dispense a rescue inhaler treatment 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 a rescue inhaler treatment device.

4. Application of other laws. (a) Use of a rescue inhaler treatment
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 a rescue inhaler
treatment 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 a rescue
inhaler treatment device may sell or provide it to a person or entity
authorized to possess it pursuant to this section.