STATE OF NEW YORK
        ________________________________________________________________________

                                          2440

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 19, 2021
                                       ___________

        Introduced  by  M.  of  A.  REYES,  LUPARDO,  BARRON,  SEAWRIGHT, SIMON,
          DARLING, DAVILA, O'DONNELL -- read once and referred to the  Committee
          on Health

        AN  ACT  to  amend  the public health law, in relation to rescue inhaler
          treatment devices

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  public health law is amended by adding a new section
     2  3000-e to read as follows:
     3    § 3000-e. Rescue inhaler treatment devices. 1. Definitions. As used in
     4  this section:
     5    (a) "Eligible person or entity" means  (i)  an  ambulance  service  or
     6  advanced  life support first response service; a certified first respon-
     7  der, emergency medical technician, or advanced emergency medical techni-
     8  cian, who is employed by or an enrolled member of any such service; (ii)
     9  a children's overnight camp as defined in  subdivision  one  of  section
    10  thirteen  hundred  ninety-two  of  this  chapter,  a  summer day camp as
    11  defined in subdivision two of section  thirteen  hundred  ninety-two  of
    12  this  chapter,  a  traveling  summer  day camp as defined in subdivision
    13  three of section thirteen hundred ninety-two of this chapter or a person
    14  employed by such a camp; (iii) a school district, board  of  cooperative
    15  educational  services,  county vocational education and extension board,
    16  charter school, and non-public elementary and secondary school  in  this
    17  state  or  any  person  employed  by  any  such entity, or employed by a
    18  contractor of such an entity while performing services for  the  entity;
    19  or  (iv)  a sports, entertainment, amusement, education, government, day
    20  care or retail facility; an educational institution, youth  organization
    21  or  sports  league;  an  establishment  that  serves  food;  or a person
    22  employed by such entity; and (v) any other person or  entity  designated
    23  or  approved,  or in a category designated or approved pursuant to regu-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00130-01-1

        A. 2440                             2

     1  lations of the commissioner in consultation with other appropriate agen-
     2  cies.
     3    (b)  "Rescue  inhaler  treatment  device"  means a device used for the
     4  self-administration of inhaled rescue medications into  the  human  body
     5  for  the purpose of emergency treatment of a person appearing to experi-
     6  ence an asthmatic or other respiratory disease approved by the food  and
     7  drug administration.
     8    (c)  "Health  care  practitioner"  means  a  health  care practitioner
     9  licensed, certified, or authorized to practice under title eight of  the
    10  education  law who is authorized thereby to administer drugs, and who is
    11  acting within the scope of his or her practice.
    12    2. Possession and use. (a) Any eligible person or entity may purchase,
    13  acquire, possess and use rescue inhaler treatment devices for  emergency
    14  treatment of a person appearing to experience asthmatic or other respir-
    15  atory disease symptoms, under this section.
    16    (b)  An eligible person or entity shall designate one or more individ-
    17  uals who have completed the training required by paragraph (c)  of  this
    18  subdivision to be responsible for the storage, maintenance, control, and
    19  general  oversight  of  the rescue inhaler treatment devices acquired by
    20  the eligible person or entity.
    21    (c) No one may use a rescue inhaler treatment device on behalf  of  an
    22  eligible  person or entity unless he or she has successfully completed a
    23  training course in the use of rescue inhaler treatment devices conducted
    24  by a nationally recognized organization experienced in training  layper-
    25  sons  in  emergency  health  treatment  or  by  an  entity or individual
    26  approved by the commissioner, or is directed in a specific  instance  to
    27  use a rescue inhaler treatment device by a health care practitioner. The
    28  training  required  by this paragraph shall include (i) how to recognize
    29  signs and symptoms of severe  asthmatic  or  other  respiratory  disease
    30  reactions; (ii) recommended dosage for adults and children; (iii) stand-
    31  ards  and  procedures  for  the  storage  and administration of a rescue
    32  inhaler treatment; and (iv) emergency follow-up procedures.
    33    (d) This section does not prohibit the use of a rescue inhaler  treat-
    34  ment device (i) by a health care practitioner or (ii) by a person acting
    35  pursuant to a lawful patient-specific prescription.
    36    (e)  Every  eligible  person  and entity authorized to possess and use
    37  rescue inhaler treatment devices pursuant to this section shall use  and
    38  maintain such devices pursuant to regulations of the department.
    39    (f) Nothing in this section shall require any eligible person or enti-
    40  ty  to  acquire,  possess, store, make available, or administer a rescue
    41  inhaler treatment.
    42    3. Prescriptions. (a) A health care practitioner who is authorized  to
    43  prescribe  drugs  may  prescribe,  dispense  or provide a rescue inhaler
    44  treatment device to or for an eligible person or  entity  by  a  non-pa-
    45  tient-specific prescription.
    46    (b) A pharmacist may dispense a rescue inhaler treatment pursuant to a
    47  non-patient-specific prescription under this subdivision.
    48    (c)  This subdivision does not limit any other authority a health care
    49  practitioner or pharmacist has to prescribe, dispense, provide or admin-
    50  ister a rescue inhaler treatment device.
    51    4. Application of other laws. (a) Use of a  rescue  inhaler  treatment
    52  device  pursuant  to this section shall be considered first aid or emer-
    53  gency treatment for the purpose of any statute relating to liability.
    54    (b) Purchase, acquisition, possession  or  use  of  a  rescue  inhaler
    55  treatment  device  pursuant  to  this  section  shall not constitute the

        A. 2440                             3

     1  unlawful practice of a profession or other violation under  title  eight
     2  of the education law or article thirty-three of this chapter.
     3    (c) Any person otherwise authorized to sell or provide a rescue inhal-
     4  er treatment device may sell or provide it to a person or entity author-
     5  ized to possess it pursuant to this section.
     6    § 2. This act shall take effect immediately.