What's happening
This bill allows schools and other entities to use and administer glucagon emergency injection kits for medical emergencies.
Why it matters
Expands emergency preparedness in schools. by allowing a broader set of school staff to be trained and authorized to use glucagon kits, which are critical for treating severe low blood sugar in diabetics—potentially saving lives among students and staff.
Reduces legal risk for responders. by providing liability protection for those who administer glucagon in good faith, similar to protections already in place for epinephrine auto-injectors and defibrillators, making it more likely that staff or volunteers will act in an emergency.
Standardizes procedures and oversight. by requiring collaborative agreements with qualified healthcare providers, regulated training, and reporting of glucagon kit use, which ensures that emergency responses are safe, consistent, and properly monitored.
Increases access beyond schools. as the law also authorizes camps, first responders, and other designated organizations to purchase, possess, and use glucagon kits under regulated conditions, broadening community emergency response capabilities for diabetic emergencies.
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Who cares
School districts and designated school employees
The bill would allow glucagon kit use under collaborative agreements and require districts to notify the education commissioner and ensure immediate training for designated glucagon and epinephrine users.
Ambulance services, first responders and EMTs
Eligible services and personnel could acquire and use glucagon emergency injection kits under collaborative agreements, subject to training and kit-handling requirements.
Children’s camps and camp employees
Overnight, summer day and traveling summer day camps and their employees could participate in the glucagon program under the bill’s agreement and training requirements.
Emergency physicians and hospitals
Participating providers would establish collaborative agreements and receive immediate reports of glucagon use, with liability protections that would not excuse their own negligence, gross negligence or intentional misconduct.
Headline styles
Allow Non-Doctors Use Glucagon
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to health
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
679
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. ROSENTHAL, CURRAN -- read once and referred to the Committee on Health
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 3000-a of the public health law, as amended by chapter 373 of the laws of 2016, is amended to read as follows:
2. (i) Any person or entity that purchases, operates, facilitates implementation or makes available resuscitation equipment that facilitates first aid, an automated external defibrillator [or], an epinephrine auto-injector device or a glucagon emergency injection kit as required by or pursuant to law or local law, or that conducts training under section three thousand-c of this article, or (ii) an emergency health care provider under a collaborative agreement pursuant to section three thousand-b of this article with respect to an automated external defibrillator, or (iii) a health care practitioner that prescribes, dispenses or provides an epinephrine auto-injector device under section three thousand-c of this article, or (iv) the emergency health care provider with a collaborative agreement under section three thousand-e of this article with respect to use of a glucagon emergency injection kit, shall not be liable for damages arising either from the use of that equipment by a person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or medical emergency, or from the use of defectively manufactured equipment; provided that this subdivision shall not limit the person's or entity's, the emergency health care provider's, or other health care practitioner's liability for his, her or its own negligence, gross negligence or intentional misconduct.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02056-01-7
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§ 2. Subdivision 3 of section 3000-c of the public health law is amended by adding a new paragraph (d) to read as follows:
(d) Every school district that designates any person or persons as an eligible person shall immediately notify the commissioner of education and ensure that all such persons immediately successfully complete the training required by paragraph (a) of this subdivision.
§ 3. The public health law is amended by adding a new section 3000-e to read as follows:
§ 3000-e. Glucagon emergency injection kits. 1. Definitions. As used in this section:
(a) "Eligible person, firm, organization, or other entity" means, (i) an ambulance service or advanced life support first response service; a certified first responder, emergency medical technician, or advanced emergency medical technician, who is employed by or an enrolled member of any such service; (ii) a children's overnight camp as defined in subdivision one of section thirteen hundred ninety-two of this chapter, a summer day camp as defined in subdivision two of section thirteen hundred ninety-two of this chapter, a traveling summer day camp as defined in subdivision three of section thirteen hundred ninety-two of this chapter or a person employed by such a camp; (iii) any other person, firm, organization or entity designated pursuant to regulations of the commissioner in consultation with other appropriate agencies; or (iv) a school district or any person employed by a school district who is designated as such; and all subject to regulations of the commissioner.
(b) "Emergency health care provider" means (i) a physician with knowledge and experience in the delivery of emergency care; or (ii) a hospital licensed under article twenty-eight of this chapter that provides emergency care.
2. Collaborative agreement. Any eligible person, firm, organization or other entity may purchase, acquire, possess and use glucagon for emergency injection kits pursuant to a collaborative agreement with an emergency health care provider. The collaborative agreement shall include a written agreement that incorporates written practice protocols, and policies and procedures that shall ensure compliance with the provisions of this section. The person, firm, organization or entity shall file a copy of the collaborative agreement with the department and with appropriate regional council prior to using any glucagon for emergency injection kits.
3. Possession and use of glucagon emergency injection kits. Possession and use of glucagon emergency injection kits shall be limited as follows:
(a) No person shall use a glucagon emergency injection kit unless such person shall have successfully completed a training course in the use of glucagon emergency injection kits approved by the commissioner pursuant to the rules of the department. This section shall not be deemed to prohibit the use of a glucagon emergency injection kit (i) by a health care practitioner licensed or certified under title eight of the education law acting within the scope of his or her practice, or (ii) by a person acting pursuant to a lawful prescription.
(b) Every person, firm, organization and entity authorized to possess and use glucagon emergency injection kits pursuant to this section shall use, maintain and dispose of such kits pursuant to regulations of the department.
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(c) Every use of a glucagon emergency injection kit pursuant to this section shall immediately be reported to the emergency health care provider.
(d) Every school district that designates any person or persons as an eligible person shall immediately notify the commissioner of education and ensure that all persons immediately successfully complete the training required by paragraph (a) of this subdivision.
4. Application of other laws. (a) Use of a glucagon emergency injection kit pursuant to this section shall be considered first aid or emergency treatment for the purpose of any statute relating to liability.
(b) Purchase, acquisition, possession or use of a glucagon emergency injection kit pursuant to this section shall not constitute the unlawful practice of a profession or other violation under title eight of the education law or article thirty-three of this chapter.
(c) Any person otherwise authorized to sell or provide a glucagon for emergency injection kit may sell or provide it to a person authorized to possess it pursuant to this section.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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