Requires the presence of epinephrine auto-injector devices on pre-school premises and on restaurant premises

1 Co-sponsor

• Velmanette Montgomery

Title of bill

An act to amend the public health law, in relation to requiring the presence of epinephrine auto-injector devices on pre-school premises and on restaurant premises

Purpose

To require epinephrine auto-injectors (Epi-Pen) devices at pre-schools and restaurants.

Summary of provisions

Section One of the bill 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 add pre-schools and restaurants to the list of entities authorized to keep Epi-Pens on premises.

Existing law

Currently, Epi-Pens are not required at pre-school and restaurants.

Justification

According to the New York State Department of Health (DOH), more than 2 million Americans suffer from anaphylaxis, a severe, potentially life-threatening allergic reaction the main causes of which are insect stings or ingesting food or medication to which an individual is allergic. DOH notes that the allergic individual's best chance of survival is an immediate injection of the medication epinephrine to counteract the body's allergic response.

In 1999, Governor Pataki signed the Epinephrine Auto-Injector Device Law, which allows specially trained staff in children's day, overnight, and traveling camps to use an epinephrine auto-injector device in life threatening emergencies. An epinephrine auto-injector is an easy-to-use, pencil-like needle that injects a premeasured dose of epinephrine into someone having an anaphylactic reaction.

According to the National Center for Health Statistics, from 1997 to 2007, the prevalence of reported food allergies increased 18% among children under age 18 years. According ton "Increasing anaphylaxis hospitalizations in the first 2 decades of life: New York State, 1990 -2006" published in the October 2008, Annals of Allergy, Asthma & Immunology, "For patients younger than 20 years, the anaphylaxis hospitalization rate increased by more than 4-fold during the study period."

Give the increasing prevalence of Americans susceptible to severe food allergies, it only makes sense to expand the potential availability of epinephrine auto-injector devices to pre-school facilities and restaurants, where individuals may inadvertently be exposed to foods to which they have an anaphylactic reaction.

Legislative history

S.5019 of 2013-2014 (Hoylman): Died in Health A.7370 of 2013-2014 (Rosenthal): Died in Health

Fiscal implications

Minimal

Effective date

This act shall take effect on the ninetieth day after it shall become law.