Bill Text: NY A00681 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2018-01-03 - referred to health [A00681 Detail]

Download: New_York-2017-A00681-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           681
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced  by  M.  of  A.  ROSENTHAL,  PERRY,  CURRAN  -- read once and
          referred to the Committee on Health
        AN ACT to amend the public health law, in relation to requiring epineph-
          rine auto-injector 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:
     1    Section 1. Paragraph (a) of subdivision 1 of  section  3000-c  of  the
     2  public  health  law,  as  amended by chapter 373 of the laws of 2016, is
     3  amended to read as follows:
     4    (a) "Eligible person or entity" means  (i)  an  ambulance  service  or
     5  advanced  life support first response service; a certified first respon-
     6  der, emergency medical technician, or advanced emergency medical techni-
     7  cian, who is employed by or an enrolled member of any such  service;  or
     8  (ii)  [a  children's  overnight  camp  as  defined in subdivision one of
     9  section thirteen hundred ninety-two of this chapter, a summer  day  camp
    10  as  defined in subdivision two of section thirteen hundred ninety-two of
    11  this chapter, a traveling summer day  camp  as  defined  in  subdivision
    12  three of section thirteen hundred ninety-two of this chapter or a person
    13  employed  by such a camp; (iii)] a school district, board of cooperative
    14  educational services, county vocational education and  extension  board,
    15  charter  school,  and non-public elementary and secondary school in this
    16  state or any person employed by any  such  entity;  or  [(iv)]  (iii)  a
    17  sports,  entertainment,  amusement,  education,  government, day care or
    18  retail facility;  an  educational  institution,  youth  organization  or
    19  sports  league;  an establishment that serves food; or a person employed
    20  by such entity; [and] or [(v)] (iv) any other person  or  entity  desig-
    21  nated  or  approved, or in a category designated or approved pursuant to
    22  regulations of the commissioner in consultation with  other  appropriate
    23  agencies.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02055-01-7
        A. 681                              2
     1    §  2.  The public health law is amended by adding a new section 1392-b
     2  to read as follows:
     3    § 1392-b. Epinephrine auto-injector devices required. 1.  Definitions.
     4  As  used  in  this section, "emergency health care provider" means (a) a
     5  physician with knowledge and experience in  the  delivery  of  emergency
     6  care;  or  (b)  a  hospital  licensed under article twenty-eight of this
     7  chapter that provides emergency care.
     8    2. Collaborative agreement. (a) Every person, firm, limited  liability
     9  company,  association  and corporation which operates a children's over-
    10  night, summer day and traveling summer day  camp,  as  defined  in  this
    11  article,  shall  maintain  a  collaborative  agreement with an emergency
    12  health care provider and shall have on the premises an epinephrine auto-
    13  injector device.
    14    (b) The collaborative agreement required pursuant to paragraph (a)  of
    15  this  subdivision  shall  include  a written agreement that incorporates
    16  written practice protocols,  and  policies  and  procedures  that  shall
    17  ensure compliance with the provisions of this section. The person, firm,
    18  limited  liability  company,  organization or entity operating the chil-
    19  dren's overnight, summer day and traveling summer day camp shall file  a
    20  copy  of  the  collaborative  agreement with the department and with the
    21  appropriate regional council prior to using any epinephrine  auto-injec-
    22  tor device.
    23    3. Possession and use of epinephrine auto-injector devices. Possession
    24  and  use  of  epinephrine  auto-injector  devices  shall  be  limited as
    25  follows:
    26    (a) No person shall use an  epinephrine  auto-injector  device  unless
    27  such  person  shall have successfully completed a training course in the
    28  use of epinephrine auto-injector devices approved  by  the  commissioner
    29  pursuant  to the rules of the department. This section does not prohibit
    30  the use of an epinephrine auto-injector device  (i)  by  a  health  care
    31  practitioner  licensed  or  certified under title eight of the education
    32  law acting within the scope of his or her practice, or (ii) by a  person
    33  acting pursuant to a lawful prescription.
    34    (b)  Every person, firm, organization and entity authorized to possess
    35  and use epinephrine auto-injector devices pursuant to this section shall
    36  use, maintain and dispose of such devices pursuant to regulations of the
    37  department.
    38    (c) Every use of an epinephrine auto-injector device pursuant to  this
    39  section  shall  immediately  be  reported  to  the emergency health care
    40  provider.
    41    4. Application of other laws. (a) Use of an epinephrine  auto-injector
    42  device  pursuant  to this section shall be considered first aid or emer-
    43  gency treatment for the purpose of any statute relating to liability.
    44    (b) Purchase, acquisition, possession or use of an  epinephrine  auto-
    45  injector device pursuant to this section shall not constitute the unlaw-
    46  ful practice of a profession or other violation under title eight of the
    47  education law or article thirty-three of this chapter.
    48    (c)  Any person otherwise authorized to sell or provide an epinephrine
    49  auto-injector device may sell or provide it to a  person  authorized  to
    50  possess it pursuant to this section.
    51    § 3. This act shall take effect on the one hundred eightieth day after
    52  it  shall  have become a law. Effective immediately, any rules and regu-
    53  lations necessary to implement the provisions of this act on its  effec-
    54  tive  date  are  authorized  and  directed  to  be added, amended and/or
    55  repealed on or before such date.