Relates to the use of epinephrine auto-injector devices

1. To include in the definition of eligible person or entity a sports, entertainment, amusement, education, government, day care or retail facility; an educational institution, youth organization or sports league; an establishment that serves food; or a person employed by such entity; and any other person, entity or entity in a category approved or designated by the commissioner;

2. to add and define epinephrine auto-injector device and health care practitioner and delete the term emergency health care provider;

3. to authorize an eligible person or entity to purchase, acquire, possess and use epinephrine auto-injector devices for emergency treatment of a person appearing to experience anaphylactic symptoms, in accordance with this section; and designate one or more persons who have completed the training required in subsection (c) to be responsible for the storage, maintenance, control and general oversight of the epinephrine auto-injectors acquired by the eligible person or entity;

4. to authorize an eligible person to use an epinephrine auto-injector device if such eligible person has successfully completed the training course required in this section, or if directed in a specific instance to use the device by a health care practitioner;

5. to require that the training be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or by an entity or individual approved by the commissioner;

6. to require that the training include: (i) how to recognize signs and symptoms of severe allergic reactions, including anaphylaxis; (ii) recommended dosage for adults and children; (iii) standards and procedures for the storage and administration of an epinephrine auto-injector; and (iv) emergency follow-up procedures;

7. to specify that nothing in this section shall require any eligible person or entity to acquire, possess, store, make available, or administer an epinephrine auto-injector;

8. to authorize a health care practitioner who is authorized to prescribe drugs to prescribe epinephrine auto-injectors to or for an eligible entity by a non-patient-specific prescription;

9. to authorize a pharmacist to dispense an epinephrine auto-injector pursuant to a nonpatient-specific prescription; and

10. to eliminate the requirement for a collaborative agreement to purchase, acquire, possess and use epinephrine auto-injector devices.

Section 2 amends public health law section 3000-a (2) to include in the liability protections provided in that section any person that conducts the required training under section 3000-c of the public health law and a health care practitioner that prescribes, dispenses or provides an epinephrine auto-injector device.

Section 3 is the effective date.

Justification

Anaphylaxis is a growing health concern in the United States. According to an Asthma and Allergy Foundation of America study printed in the Journal of Allergy and Clinical Immunology in 2014, severe allergic reactions occur in approximately one in 50 Americans. These allergic reactions, particularly to allergens such as food or insect bites, can sometimes lead to life-threatening anaphylactic shock. Epinephrine is indicated as the first-line treatment for anaphylaxis, and must be administered promptly at the first sign of a severe allergic reaction.

While many people with serious allergies are aware of the need to be prepared for a severe allergic reaction and carry an epinephrine auto-injector device prescribed for them, others are not aware they have an allergy and can, for the first time, experience a severe allergic reaction including anaphylaxis. Without immediate medical attention, the results can be fatal.

In 2014, the Legislature authorized and the Governor signed into law a bill to authorize schools to stock and administer epinephrine in an emergency situation without a prescription. This bill will expand this authorization, at their option, to a number of public entities, facilities, organizations, institutions and food service establishments. The bill will require the auto-injectors be maintained under specified controlled conditions and be administered by a person trained as set forth in the bill. Notably, 17 states currently have laws that authorize entities to stock and administer epinephrine auto-injectors for emergency use.

Access to epinephrine auto-injectors in public places and facilities will help address the emergency medical needs of those who experience a severe allergic reaction for the first time, or do not have an epinephrine auto-injector with them. These auto-injectors will save lives, just as the AED devices that are placed in public facilities to treat heart attacks have saved lives.

Legislative history

New bill

Fiscal implications

None

Effective date

This act shall take effect 180 days after it shall have become law, provided that effective immediately, the commissioner of health shall make regulations and take other actions necessary to implement this act on that date.