Bill Text: NY A07635 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to authorizing the employees of certain entities to administer epinephrine auto-injectors.

Spectrum: Slight Partisan Bill (Democrat 21-8)

Status: (Passed) 2017-08-21 - signed chap.200 [A07635 Detail]

Download: New_York-2017-A07635-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7635--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       May 5, 2017
                                       ___________
        Introduced  by  M.  of  A. BUCHWALD, KEARNS, SKOUFIS, ZEBROWSKI, GJONAJ,
          COLTON, CRESPO, D'URSO, ORTIZ, BENEDETTO, HARRIS, BRABENEC,  LAWRENCE,
          MOSLEY,  MURRAY  -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, GIGLIO,
          HIKIND, HYNDMAN, McDONOUGH, McLAUGHLIN,  SCHIMMINGER,  SIMON  --  read
          once  and referred to the Committee on Health -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
        AN ACT to amend the public health law and the education law, in relation
          to authorizing employees of certain entities to administer epinephrine
          auto-injectors
          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; (ii)
     8  a children's overnight camp as defined in  subdivision  one  of  section
     9  thirteen  hundred  ninety-two  of  this  chapter,  a  summer day camp as
    10  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 employed by a
    17  contractor of such an entity while performing services for  the  entity;
    18  or  (iv)  a sports, entertainment, amusement, education, government, day
    19  care or retail facility; an educational institution, youth  organization
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11234-05-7
        A. 7635--A                          2
     1  or  sports  league;  an  establishment  that  serves  food;  or a person
     2  employed by such entity; and (v) any other person or  entity  designated
     3  or  approved,  or in a category designated or approved pursuant to regu-
     4  lations of the commissioner in consultation with other appropriate agen-
     5  cies.
     6    §  2. Section 921 of the education law, as added by chapter 424 of the
     7  laws of 2014, is  renumbered  section  921-a  and  amended  to  read  as
     8  follows:
     9    §  921-a.  On-site  epinephrine  auto-injector.  1.  School districts,
    10  boards of cooperative educational services, county vocational  education
    11  and  extension  boards,  charter  schools, and non-public elementary and
    12  secondary schools in this state may provide and maintain on-site in each
    13  instructional school facility epinephrine auto-injectors  in  quantities
    14  and  types  deemed by the commissioner, in consultation with the commis-
    15  sioner of health, to be adequate to ensure ready and appropriate  access
    16  for  use  during emergencies to any student or staff having anaphylactic
    17  symptoms whether or not there is a previous history of  severe  allergic
    18  reaction.
    19    2. School districts, boards of cooperative educational services, coun-
    20  ty  vocational education and extension boards, charter schools, and non-
    21  public elementary and secondary schools in this state [or],  any  person
    22  employed  by  any  such  entity,  or employed by a contractor of such an
    23  entity while performing services for the entity may administer  epineph-
    24  rine  auto-injectors  in  the  event  of  an  emergency  pursuant to the
    25  requirements of section three thousand-c of the public health law.
    26    § 3. This act shall take effect on the one hundred twentieth day after
    27  it shall have become a law. Effective immediately, the  commissioner  of
    28  health,  in consultation with the commissioner of education, may promul-
    29  gate any rule or regulation necessary for the timely  implementation  of
    30  this act.