Provides for the use of glucagon emergency injection kits by persons other than licensed health care professionals

1 Co-sponsor

• George D. Maziarz

BILL NUMBER:S4515

Title of bill

An act to amend the public health law, in relation to use of epinephrine auto-injector devices in schools and authorizing the use of glucagon for emergency injection kits

Purpose

To permit the use of glucagon emergency injection kits, in addition to epi-pens, by personnel trained in the use of these devices who have a collaborative agreement with a physician or a hospital.

Summary of provisions

Section one amends Subdivision 2 of Section 3000-a of the Public Health Law adding the use of glucagon emergency injection kits to the good samaritan protections under Section 3000-a of the Public Health Law.

Section two amends Section 3000-c of the Public Health Law by adding a school district or any designated school district employee as an eligible person or organization that may possess and use epinephrine auto-injector devices or glucagon emergency injection kits. Said eligibility is contingent on the individual or entity completing appropriate training and having a collaborative agreement with a physician or hospital.

Section three adds a new paragraph (d) to Subdivision 3 of Section 3000-c of the Public Health Law. Paragraph (d) states that any school district that designates a person or persons to possess and use epinephrine auto-injector devices or glucagon emergency injection kits to notify the Commissioner of Education and ensure that those named complete the required training.

Section four adds a new Section 3000-e to the Public Health Law setting out the specifics of the glucagon emergency injection kits. In this section, eligible persons and organizations are defined, and emergency health care provider is also defined. The section also establishes the collaborative agreement procedures, and it sets the limits of how and when glucagon emergency injection kits may be Used. The last part of this section provides for the application of this legislation in regard to other pertinent laws.

Section five states that this legislation shall take effect immediately.

Justification

For persons with diabetes, the availability of glucagon for emergency injection kits can be a matter of life and death. Individuals with diabetes receive a prescription for glucagon and are told by their doctors to always carry it with them. Although persons with known cases of diabetes carry glucagon on their person, they may sometimes find themselves without it. Moreover, in rare instances persons with unknown cases of diabetes may suffer hypoglycemia and need immediate glucagon to prevent diabetic shock, which could lead to death.

In 1999 New York State adopted legislation to permit the use of epi-pens (emergency injection kits for those suffering a severe allergic reaction) by personnel trained in the use of the devices who have collaboration agreement with a physician or hospital. Glucagon injections are very similar to epi-pens in that they provide emergency

assistance to those suffering a potentially fatal health episode. This legislation builds upon the 1999 statute by providing similar authorization and good samaritan protections for the use of Glucagon emergency injection kits.

This bill helps to ensure that life saving measures will be taken for diabetics in need who are past the point of being able to help themselves. By adding glucagon for emergency injection kit to the good samaritan protections, any liability concerns that may hinder someone from coming to the aid of an individual in need of a glucagon injection are alleviated. This legislation helps make glucagon for emergency injection kits available in settings such as summer camps and schools while maintaining appropriate medical oversight and patient protections.

Legislative history

Passed Senate in 2005 as S 2559

Fiscal implications

None.

Effective date

Immediately.