Requires epinephrine auto-injector devices at children's overnight, summer day and traveling summer camps

BILL NUMBER:S5159

Title of bill

An act to amend the public health law, in relation to requiring epinephrine auto-injector devices at children's overnight, summer day and traveling summer camps

Purpose or general idea of bill

This bill will require children's overnight, summer day and traveling summer camps to stock epinephrine auto-injector devices.

Summary of specific provisions

Section one amends paragraph (a) of subdivision 1 of section 3000-c of the public health law, as amended by chapter 350 of the laws of 2001 to delete references to children's summer day camps.

Section two amends the public health law by adding a new section 1392-b that defines "emergency health care provider." The section requires that all entities operating children's summer camps must maintain a collaborative agreement with an emergency health care provide and keep epinephrine auto-injectors on the premises. This section outlines the requirements for this collaborative agreement. Regulations regarding possession and use of epinephrine auto-injector devices are laid out. Use of such devices is considered first aid or emergency treatment for the purpose of any statute relating to liability.

Section three sets out the effective date.

Justification

Over the last 10 years, allergies have reached epidemic proportions. More than 2 million Americans suffer from anaphylaxis. The main causes are insect stings or ingesting food or medication to which someone is allergic. Children can face anaphylactic reactions including hives, swellings, difficulty breathing, coma and death. Unless they are given immediate attention for anaphylactic shock, usually in the form of epinephrine, children can die.

Epinephrine auto-injectors are used to treat anaphylactic shock and their availability in a given situation may be a matter of life and death. They are commonly prescribed to and carried by persons with severe allergies because they can be self-administered and are fast-acting. Epinephrine is a form of adrenaline and is an effective treatment for an anaphylactic reaction. It works rapidly, reducing the swelling in the chest and airways to ease breathing. In most cases, epinephrine fully prevents or reverses an anaphylactic reaction, Governor Pataki signed the Epinephrine Auto-Injector Device Law in 1999. This law permits the possession and use of epinephrine auto-injectors by non-certified and non-licensed personnel (including specially trained staff in children's day, overnight, and traveling camps), as well as health care providers certified at the level that would normally allow for administration of medication. This law's intent was to encourage greater acquisition and use of epinephrine auto-injectors in order to reduce the number of deaths associated with anaphylaxis.

However, children's summer camps currently have only the option of carrying epinephrine auto-injectors. It is not required that they do so. At the same time, children who participate in summer camp activities are exposed to foods and outdoor situation's that may be new to them and that may potentially lead to life-threatening events (such as bee stings or food allergies) and therefore to anaphylaxis. This bill would require summer camps to have epinephrine auto-injectors available in the event of such an emergency.

Prior legislative history

A.1771 of 2011-2012 A9884 of 2010.

Fiscal implications

none

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be added, amended and/or repealed on or before such date.