Establishes the emergency allergy treatment act; authorizes the certification of persons to administer lifesaving treatment to individuals who have severe allergic reactions

2 Co-sponsors

• Liz Krueger
• Terrence P. Murphy

BILL NUMBER:S4935A

Title of bill

An act to amend the public health law, in relation to authorizing emergency allergy treatment

Purpose

This bill would provide a mechanism for public venues such as restaurants, recreation camps, youth sports leagues, theme parks, resorts, entertainment venues and sport arenas, at their option, to provide epinephrine auto-injectors to patrons who might suffer an emer- gency allergic reaction.

Summary of specific provisions

Section 1 identifies the act as the "Emergency Allergy Treatment Act"

Section 2 adds a new Public Health Law Article 30-D, Emergency Allergy Treatment.

1. Section 3080 includes definitions for the new article

2. Section 3081 permits the Department of Health to promulgate rules to administer the article, issue and approve appropriate certificates; describes appropriate training programs; provides requirements to issue a certificate of training; and permits an authorized entity to obtain a supply of prescription epinephrine auto-injectors to have on hand in the event of an anaphylactic emergency

3. Section 3082 permits emergency administration of epinephrine auto-in- jectors under certain conditions.

4. Section 3083 provides that no authorized entity and/or its agents or employees shall incur legal or financial liability as the result of injuries sustained caused by reasonable and good faith compliance with this article.

Section 3 provides that the bill will take effect 180 days after it shall have become law, but that effective immediately, amendment and/or repeal of any rule or regulation necessary for the implementation of the act is authorized to be made.

Justification

Allergic reaction, particularly to allergens such as food or insect bites, can sometimes lead to life-threatening anaphylactic shock. In such a situation, literally every minute counts. Many people with serious allergies are aware of their peril, and carry an epineph- rine auto-injector device that has been prescribed for them at all times. However, there is always a first time for an anaphylactic reaction, and unless the victim receives immediate medical attention, the results can be fatal. This bill allows, but does not mandate, public facilities where people gather, to have on hand, under specified controlled conditions, epinephrine auto-injector devices which will be available in an emergency. This is certainly not meant to replace medical care, but these devices can keep a victim alive long enough for medical personnel to arrive.

These auto-injectors will save lives, just as the AED devices that are placed in public facilities to treat heart attacks have saved lives. Placement of these devices would be especially appropriate in outdoor venues and camps where bees and other stinging insects are likely to be present, or in locations serving food where a severe allergic reaction to a food could occur.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

The bill will take effect 180 days after it shall have become law, but that effective immediately, amendment and/or repeal of any rule or regulation necessary for the implementation of the act is authorized to be made.