§ 3000-E — Rescue inhaler treatment devices

§ 3000-e. Rescue inhaler treatment devices. 1. Definitions. As used in\nthis section:\n (a) "Eligible person or entity" means (i) an ambulance service or\nadvanced life support first response service; a certified first\nresponder, emergency medical technician, or advanced emergency medical\ntechnician, who is employed by or an enrolled member of any such\nservice; (ii) a children's overnight camp as defined in subdivision one\nof section thirteen hundred ninety-two of this chapter, a summer day\ncamp as defined in subdivision two of section thirteen hundred\nninety-two of this chapter, a traveling summer day camp as defined in\nsubdivision three of section thirteen hundred ninety-two of this chapter\nor a person employed by such a camp; (iii) a school district, board of\ncooperative educational services, county vocational education and\nextension board, charter school, and non-public elementary and secondary\nschool in this state or any person employed by any such entity, or\nemployed by a contractor of such an entity while performing services for\nthe entity; or (iv) a sports, entertainment, amusement, education,\ngovernment, day care or retail facility; an educational institution,\nyouth organization or sports league; an establishment that serves food;\nor a person employed by such entity; and (v) any other person or entity\ndesignated or approved, or in a category designated or approved pursuant\nto regulations of the commissioner in consultation with other\nappropriate agencies.\n (b) "Rescue inhaler treatment device" means a device used for the\nself-administration of inhaled rescue medications into the human body\nfor the purpose of emergency treatment of a person appearing to\nexperience an asthmatic or other respiratory disease approved by the\nfood 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 his or her practice.\n 2. Possession and use. (a) Any eligible person or entity may purchase,\nacquire, possess and use rescue inhaler treatment devices for emergency\ntreatment of a person appearing to experience asthmatic or other\nrespiratory disease symptoms, under this section.\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 rescue inhaler treatment devices\nacquired by the eligible person or entity.\n (c) No one may use a rescue inhaler treatment device on behalf of an\neligible person or entity unless he or she has successfully completed a\ntraining course in the use of rescue inhaler treatment devices conducted\nby a nationally recognized organization experienced in training\nlaypersons in emergency health treatment or by an entity or individual\napproved by the commissioner, or is directed in a specific instance to\nuse a rescue inhaler treatment device by a health care practitioner. The\ntraining required by this paragraph shall include (i) how to recognize\nsigns and symptoms of severe asthmatic or other respiratory disease\nreactions; (ii) recommended dosage for adults and children; (iii)\nstandards and procedures for the storage and administration of a rescue\ninhaler treatment; and (iv) emergency follow-up procedures.\n (d) This section does not prohibit the use of a rescue inhaler\ntreatment device (i) by a health care practitioner or (ii) by a person\nacting pursuant to a lawful patient-specific prescription.\n (e) Every eligible person and entity authorized to possess and use\nrescue inhaler treatment devices pursuant to this section shall use and\nmaintain 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 a\nrescue inhaler treatment.\n 3. Prescriptions. (a) A health care practitioner who is authorized to\nprescribe drugs may prescribe, dispense or provide a rescue inhaler\ntreatment device to or for an eligible person or entity by a\nnon-patient-specific prescription.\n (b) A pharmacist may dispense a rescue inhaler treatment 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 a rescue inhaler treatment device.\n 4. Application of other laws. (a) Use of a rescue inhaler treatment\ndevice pursuant to this section shall be considered first aid or\nemergency treatment for the purpose of any statute relating to\nliability.\n (b) Purchase, acquisition, possession or use of a rescue inhaler\ntreatment device pursuant to this section shall not constitute the\nunlawful practice of a profession or other violation under title eight\nof the education law or article thirty-three of this chapter.\n (c) Any person otherwise authorized to sell or provide a rescue\ninhaler treatment device may sell or provide it to a person or entity\nauthorized to possess it pursuant to this section.\n