What's happening
This bill requires all children's overnight, summer day, and traveling summer camps in New York to have epinephrine auto-injector devices and collaborative agreements with emergency health care providers.
Why it matters
Enhances emergency preparedness at children's camps. by mandating that all camps have both epinephrine auto-injectors on-site and formal collaborative agreements with emergency healthcare providers, ensuring rapid response to severe allergic reactions.
Establishes clear protocols and oversight. requiring camps to file written agreements (with practice protocols and procedures) with both the state health department and regional emergency councils, introducing a layer of accountability and standardization.
Limits use to trained individuals. by requiring that only those who have completed an approved training course can administer epinephrine, except for licensed healthcare professionals or those acting under a prescription, thus aiming to balance safety and accessibility.
Clarifies legal protections and responsibilities. by stating that using an epinephrine auto-injector in these settings is considered first aid or emergency treatment, shielding users from liability and removing barriers related to the practice of a profession, which may encourage prompt intervention in emergencies.
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Who cares
Headline styles
EpiPens Required at Kids’ Camps
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Requires epinephrine auto-injector devices at children's overnight, summer day and traveling summer camps
In Senate Committee · Health · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1050
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. L. ROSENTHAL, PERRY -- read once and referred to the Committee on Health
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 1 of section 3000-c of the public health law, as amended by chapter 200 of the laws of 2017, is amended to read as follows:
(a) "Eligible person or 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)] a school district, board of cooperative educational services, county vocational education and extension board, charter school, and non-public elementary and secondary school in this state or any person employed by any such entity, or employed by a contractor of such an entity while performing services for the entity; or [(iv)] (iii) 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 (v)] or (iv) any other person or entity designated or approved, or in a category designated or approved pursuant to regulations of the commissioner in consultation with other appropriate agencies.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00948-01-9
A. 1050 2
§ 2. The public health law is amended by adding a new section 1392-b to read as follows:
§ 1392-b. Epinephrine auto-injector devices required. 1. Definitions. As used in this section, "emergency health care provider" means (a) a physician with knowledge and experience in the delivery of emergency care; or (b) a hospital licensed under article twenty-eight of this chapter that provides emergency care.
2. Collaborative agreement. (a) Every person, firm, limited liability company, association and corporation which operates a children's overnight, summer day and traveling summer day camp, as defined in this article, shall maintain a collaborative agreement with an emergency health care provider and shall have on the premises an epinephrine autoinjector device.
(b) The collaborative agreement required pursuant to paragraph (a) of this subdivision 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, limited liability company, organization or entity operating the children's overnight, summer day and traveling summer day camp shall file a copy of the collaborative agreement with the department and with the appropriate regional council prior to using any epinephrine auto-injector device.
3. Possession and use of epinephrine auto-injector devices. Possession and use of epinephrine auto-injector devices shall be limited as follows:
(a) No person shall use an epinephrine auto-injector device unless such person shall have successfully completed a training course in the use of epinephrine auto-injector devices approved by the commissioner pursuant to the rules of the department. This section does not prohibit the use of an epinephrine auto-injector device (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 epinephrine auto-injector devices pursuant to this section shall use, maintain and dispose of such devices pursuant to regulations of the department.
(c) Every use of an epinephrine auto-injector device pursuant to this section shall immediately be reported to the emergency health care provider.
4. Application of other laws. (a) Use of an epinephrine auto-injector device 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 an epinephrine autoinjector device 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 an epinephrine auto-injector device may sell or provide it to a person authorized to possess it pursuant to this section.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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