What's happening
This bill exempts paramedics, EMTs, and trained individuals from criminal charges for possessing tension pneumothorax decompression needles while on duty.
Why it matters
Reduces legal risk for emergency responders. By exempting paramedics, EMTs, and tactically trained individuals from prosecution for carrying decompression needles, the bill removes a potential barrier that could delay or discourage life-saving interventions in trauma situations.
Clarifies the law for medical equipment possession. The amendment specifically distinguishes medical-use decompression needles from other hypodermic instruments, helping to prevent confusion or misapplication of laws intended to control illegal drug paraphernalia.
Supports modern emergency medical practices. Tension pneumothorax decompression is a critical, sometimes life-saving procedure in trauma care. This legal update ensures that those administering care can carry necessary equipment without fear of legal consequences, potentially improving patient outcomes in emergencies.
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Who cares
Headline styles
Allow Lifesaving Needles for EMTs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
286
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to exempting tension pneumothorax decompression needles from criminal possession of a hypodermic instrument
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 220.45 of the penal law, as amended by section 3 of part I of chapter 57 of the laws of 2015, is amended to read as follows: § 220.45 Criminally possessing a hypodermic instrument.
A person is guilty of criminally possessing a hypodermic instrument when he or she knowingly and unlawfully possesses or sells a hypodermic syringe or hypodermic needle. It shall not be a violation of this section when a person obtains and possesses a hypodermic syringe or hypodermic needle pursuant to section thirty-three hundred eighty-one of the public health law, which includes the state's syringe exchange and pharmacy and medical provider-based expanded syringe access programs, or when a paramedic, emergency-medical technician or other person trained in tactical first aid is in possession of a tension pneumothorax decompression needle in the course of their official duties.
Criminally possessing a hypodermic instrument is a class A misdemeanor.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02448-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to exempting tension pneumo- thorax decompression needles from criminal possession of a hypodermic instrument
Purpose
This legislation would allow paramedics, emergency-medical technicians, or other persons trained in tactical first aid to be in possession of a tension pneumothorax decompression needle.
Summary of provisions
Section 1 amends section 220.45 of the penal law to allow paramedics, emergency-medical technicians, or other persons trained in tactical first aid to be in possession of a tension pneumothorax decompression needle.
Section 2 is the effective date.
Justification
Pneumothorax decompression needles are used to treat any injury in which chest decompression is needed. These tools are used to treats victims of severe trauma in which breathing is compromised. This legislation would allow only those individuals who are trained in their use to possess them. However, by allowing these individuals to possess these needles you would be increasing the number of trained individuals who could provide critical lifesaving care in the case of an emergency.
Legislative history
S 1220 of 2017/2018; Passed Senate
Fiscal implications
None
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.