NY Pub Health L § 3000-C (2021)
2021 New York Laws PBH - Public Health Article 30 - Emergency Medical Services 3000-C - Epinephrine Auto-Injector Devices.

§  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.