§ 3000-C — Epinephrine devices

§ 3000-c. Epinephrine devices. 1. Definitions. As used in this\nsection:\n (a) "Eligible person or entity" means: (i) an ambulance service or\nadvanced life support first response service; a certified first\nresponder, firefighter in a county, city, town or village having a\npopulation of less than two million provided such county is not wholly\nlocated within a city with a population of more than one million,\nemergency medical technician, or advanced emergency medical technician,\nwho is employed by or an enrolled member of any such service; (ii) a\nchildren's overnight camp as defined in subdivision one of section\nthirteen hundred ninety-two of this chapter, a summer day camp as\ndefined in subdivision two of section thirteen hundred ninety-two of\nthis chapter, a traveling summer day camp as defined in subdivision\nthree of section thirteen hundred ninety-two of this chapter or a person\nemployed by such a camp; (iii) a school district, board of cooperative\neducational services, county vocational education and extension board,\ncharter school, and non-public elementary and secondary school in this\nstate or any person employed by any such entity, or employed by a\ncontractor of such an entity while performing services for the entity;\n(iv) a sports, entertainment, amusement, education, government, day care\nor retail facility; an educational institution, youth organization or\nsports league; an establishment that serves food; or a person employed\nby such entity; (v) a police officer or peace officer in a county, city,\ntown or village having a population of less than two million provided\nsuch county is not wholly located within a city with a population of\nmore than one million; (vi) forest rangers, park rangers and\nenvironmental conservation police officers; and (vii) any other person\nor entity designated or approved, or in a category designated or\napproved pursuant to regulations of the commissioner in consultation\nwith other appropriate agencies.\n (b) "Epinephrine device" means an epinephrine delivery device or\nproduct approved by the federal food and drug administration and used\nfor the automatic injection or administration of a premeasured dose of\nepinephrine into the human body for the purpose of emergency treatment\nof a person appearing to experience anaphylactic symptoms approved by\nthe food and drug administration.\n (c) "Health care practitioner" means a health care practitioner\nlicensed, certified, or authorized to practice under title eight of the\neducation law who is authorized thereby to administer drugs, and who is\nacting within the scope of such health care practitioner's practice.\n 2. Possession and use. (a) Any eligible person or entity may purchase,\nacquire, possess and use epinephrine devices for emergency treatment of\na person appearing to experience anaphylactic symptoms, under this\nsection.\n (b) An eligible person or entity shall designate one or more\nindividuals who have completed the training required by paragraph (c) of\nthis subdivision to be responsible for the storage, maintenance,\ncontrol, and general oversight of the epinephrine devices acquired by\nthe eligible person or entity.\n (c) No one may use an epinephrine device on behalf of an eligible\nperson or entity unless they have successfully completed a training\ncourse in the use of epinephrine devices conducted by a nationally\nrecognized organization experienced in training laypersons in emergency\nhealth treatment or by an entity or individual approved by the\ncommissioner, or is directed in a specific instance to use an\nepinephrine device by a health care practitioner. The training required\nby this paragraph shall include (i) how to recognize signs and symptoms\nof severe allergic reactions, including anaphylaxis; (ii) recommended\ndosage for adults and children; (iii) standards and procedures for the\nstorage and administration of an epinephrine device; and (iv) emergency\nfollow-up procedures.\n (d) This section does not prohibit the use of an epinephrine device\n(i) by a health care practitioner or (ii) by a person acting pursuant to\na lawful patient-specific prescription.\n (e) Every eligible person and entity authorized to possess and use\nepinephrine devices pursuant to this section shall use, maintain and\ndispose of such devices pursuant to regulations of the department.\n (f) Nothing in this section shall require any eligible person or\nentity to acquire, possess, store, make available, or administer an\nepinephrine device, except as provided for in subdivision five-e of\nsection two hundred twenty-five of this chapter.\n 3. Prescriptions. (a) A health care practitioner who is authorized to\nprescribe drugs may prescribe, dispense or provide an epinephrine device\nto or for an eligible person or entity by a non-patient-specific\nprescription.\n (b) A pharmacist may dispense an epinephrine device pursuant to a\nnon-patient-specific prescription under this subdivision.\n (c) This subdivision does not limit any other authority a health care\npractitioner or pharmacist has to prescribe, dispense, provide or\nadminister an epinephrine device.\n 4. Application of other laws. (a) Use of an epinephrine device\npursuant to this section shall be considered first aid or emergency\ntreatment for the purpose of any statute relating to liability.\n (b) Purchase, acquisition, possession or use of an epinephrine device\npursuant to this section shall not constitute the unlawful practice of a\nprofession or other violation under title eight of the education law or\narticle thirty-three of this chapter.\n (c) Any person otherwise authorized to sell or provide an epinephrine\ndevice may sell or provide it to a person or entity authorized to\npossess it pursuant to this section.\n