* § 3000-c. Epinephrine auto-injector devices. 1. Definitions. As used\nin this section:\n (a) "Eligible person, firm, organization, or other entity" means, (i)\nan ambulance service or advanced life support first response service; a\ncertified first responder, emergency medical technician, or advanced\nemergency medical technician, who is employed by or an enrolled member\nof any such service; (ii) a children's overnight camp as defined in\nsubdivision one of section thirteen hundred ninety-two of this chapter,\na summer day camp as defined in subdivision two of section thirteen\nhundred ninety-two of this chapter, a traveling summer day camp as\ndefined in subdivision three of section thirteen hundred ninety-two of\nthis chapter or a person employed by such a camp; or (iii) school\ndistricts, boards of cooperative educational services, county vocational\neducation and extension boards, charter schools, and non-public\nelementary and secondary schools in this state or any person employed by\nany such entity; or (iv) any other person, firm, organization or entity\ndesignated pursuant to regulations of the commissioner in consultation\nwith other appropriate agencies; and all subject to regulations of the\ncommissioner.\n (b) "Emergency health care provider" means (i) a physician with\nknowledge and experience in the delivery of emergency care; or (ii) a\nhospital licensed under article twenty-eight of this chapter that\nprovides emergency care.\n 2. Collaborative agreement. Any eligible person, firm, organization or\nother entity may purchase, acquire, possess and use epinephrine\nauto-injector devices pursuant to a collaborative agreement with an\nemergency health care provider. The collaborative agreement shall\ninclude a written agreement that incorporates written practice\nprotocols, and policies and procedures that shall ensure compliance with\nthe provisions of this section. The person, firm, organization or entity\nshall file a copy of the collaborative agreement with the department and\nwith the appropriate regional council prior to using any epinephrine\nauto-injector device.\n 3. Possession and use of epinephrine auto-injector devices. Possession\nand use of epinephrine auto-injector devices shall be limited as\nfollows:\n (a) No person shall use an epinephrine auto-injector device unless\nsuch person shall have successfully completed a training course in the\nuse of epinephrine auto-injector devices approved by the commissioner\npursuant to the rules of the department. This section does not prohibit\nthe use of an epinephrine auto-injector device (i) by a health care\npractitioner licensed or certified under title eight of the education\nlaw acting within the scope of his or her practice, or (ii) by a person\nacting pursuant to a lawful prescription.\n (b) Every person, firm, organization and entity authorized to possess\nand use epinephrine auto-injector devices pursuant to this section shall\nuse, maintain and dispose of such devices pursuant to regulations of the\ndepartment.\n (c) Every use of an epinephrine auto-injector device pursuant to this\nsection shall immediately be reported to the emergency health care\nprovider.\n 4. Application of other laws. (a) Use of an epinephrine auto-injector\ndevice pursuant to this section shall be considered first aid or\nemergency treatment for the purpose of any statute relating to\nliability.\n (b) Purchase, acquisition, possession or use of an epinephrine\nauto-injector device pursuant to this section shall not constitute the\nunlawful practice of a profession or other violation under title eight\nof the education law or article thirty-three of this chapter.\n (c) Any person otherwise authorized to sell or provide an epinephrine\nauto-injector device may sell or provide it to a person authorized to\npossess it pursuant to this section.\n * NB Effective until March 28, 2017\n * § 3000-c. Epinephrine auto-injector devices. 1. Definitions. As used\nin this section:\n (a) "Eligible person or entity" means (i) an ambulance service or\nadvanced life support first response service; a certified first\nresponder, emergency medical technician, or advanced emergency medical\ntechnician, who is employed by or an enrolled member of any such\nservice; (ii) a children's overnight camp as defined in subdivision one\nof section thirteen hundred ninety-two of this chapter, a summer day\ncamp as defined in subdivision two of section thirteen hundred\nninety-two of this chapter, a traveling summer day camp as defined in\nsubdivision three of section thirteen hundred ninety-two of this chapter\nor a person employed by such a camp; (iii) a school district, board of\ncooperative educational services, county vocational education and\nextension board, charter school, and non-public elementary and secondary\nschool in this state or any person employed by any such entity; or (iv)\na sports, entertainment, amusement, education, government, day care or\nretail facility; an educational institution, youth organization or\nsports league; an establishment that serves food; or a person employed\nby such entity; and (v) any other person or entity designated or\napproved, or in a category designated or approved pursuant to\nregulations of the commissioner in consultation with other appropriate\nagencies.\n (b) "Epinephrine auto-injector device" means a single-use device used\nfor the automatic injection of a premeasured dose of epinephrine into\nthe human body for the purpose of emergency treatment of a person\nappearing to experience anaphylactic symptoms approved by the food and\ndrug administration.\n (c) "Health care practitioner" means a health care practitioner\nlicensed, certified, or authorized to practice under title eight of the\neducation law who is authorized thereby to administer drugs, and who is\nacting within the scope of his or her practice.\n 2. Possession and use. (a) Any eligible person or entity may purchase,\nacquire, possess and use epinephrine auto-injector devices for emergency\ntreatment of a person appearing to experience anaphylactic symptoms,\nunder this section.\n (b) An eligible person or entity shall designate one or more\nindividuals who have completed the training required by paragraph (c) of\nthis subdivision to be responsible for the storage, maintenance,\ncontrol, and general oversight of the epinephrine auto-injectors\nacquired by the eligible person or entity.\n (c) No one may use an epinephrine auto-injector device on behalf of an\neligible person or entity unless he or she has successfully completed a\ntraining course in the use of epinephrine auto-injector devices\nconducted by a nationally recognized organization experienced in\ntraining laypersons in emergency health treatment or by an entity or\nindividual approved by the commissioner, or is directed in a specific\ninstance to use an epinephrine auto-injector device by a health care\npractitioner. The training required by this paragraph shall include (i)\nhow to recognize signs and symptoms of severe allergic reactions,\nincluding anaphylaxis; (ii) recommended dosage for adults and children;\n(iii) standards and procedures for the storage and administration of an\nepinephrine auto-injector; and (iv) emergency follow-up procedures.\n (d) This section does not prohibit the use of an epinephrine\nauto-injector device (i) by a health care practitioner or (ii) by a\nperson acting pursuant to a lawful patient-specific prescription.\n (e) Every eligible person and entity authorized to possess and use\nepinephrine auto-injector devices pursuant to this section shall use,\nmaintain and dispose of such devices pursuant to regulations of the\ndepartment.\n (f) Nothing in this section shall require any eligible person or\nentity to acquire, possess, store, make available, or administer an\nepinephrine auto-injector.\n 3. Prescriptions. (a) A health care practitioner who is authorized to\nprescribe drugs may prescribe, dispense or provide an epinephrine\nauto-injector device to or for an eligible person or entity by a\nnon-patient-specific prescription.\n (b) A pharmacist may dispense an epinephrine auto-injector pursuant to\na non-patient-specific prescription under this subdivision.\n (c) This subdivision does not limit any other authority a health care\npractitioner or pharmacist has to prescribe, dispense, provide or\nadminister an epinephrine auto-injector device.\n 4. Application of other laws. (a) Use of an epinephrine auto-injector\ndevice pursuant to this section shall be considered first aid or\nemergency treatment for the purpose of any statute relating to\nliability.\n (b) Purchase, acquisition, possession or use of an epinephrine\nauto-injector device pursuant to this section shall not constitute the\nunlawful practice of a profession or other violation under title eight\nof the education law or article thirty-three of this chapter.\n (c) Any person otherwise authorized to sell or provide an epinephrine\nauto-injector device may sell or provide it to a person or entity\nauthorized to possess it pursuant to this section.\n * NB Effective March 28, 2017\n
§ 3000-c. Epinephrine devices. 1. Definitions. As used in this\nsection:\n (a) "Eligible person or entity" means: (i) an ambulance service or\nadvanced life support first response service; a certified first\nresponder, firefighter in a county, city, town or village having a\npopulation of less than two million provided such county is not wholly\nlocated within a city with a population of more than one million,\nemergency medical technician, or advanced emergency medical technician,\nwho is employed by or an enrolled member of any such service; (ii) a\nchildren's overnight camp as defined in subdivision one of section\nthirteen hundred ninety-two of this chapter, a summer day camp as\ndefined in subdivision two of section thirteen hundred ninety-two of\nthis chapter, a traveling summer day camp as defined in subdivision\nthree of section thirteen hundred ninety-two of this chapter or a person\nemployed by such a camp; (iii) a school district, board of cooperative\neducational services, county vocational education and extension board,\ncharter school, and non-public elementary and secondary school in this\nstate or any person employed by any such entity, or employed by a\ncontractor of such an entity while performing services for the entity;\n(iv) a sports, entertainment, amusement, education, government, day care\nor retail facility; an educational institution, youth organization or\nsports league; an establishment that serves food; or a person employed\nby such entity; (v) a police officer or peace officer in a county, city,\ntown or village having a population of less than two million provided\nsuch county is not wholly located within a city with a population of\nmore than one million; (vi) forest rangers, park rangers and\nenvironmental conservation police officers; and (vii) any other person\nor entity designated or approved, or in a category designated or\napproved pursuant to regulations of the commissioner in consultation\nwith other appropriate agencies.\n (b) "Epinephrine device" means an epinephrine delivery device or\nproduct approved by the federal food and drug administration and used\nfor the automatic injection or administration of a premeasured dose of\nepinephrine into the human body for the purpose of emergency treatment\nof a person appearing to experience anaphylactic symptoms approved by\nthe food and drug administration.\n (c) "Health care practitioner" means a health care practitioner\nlicensed, certified, or authorized to practice under title eight of the\neducation law who is authorized thereby to administer drugs, and who is\nacting within the scope of such health care practitioner's practice.\n 2. Possession and use. (a) Any eligible person or entity may purchase,\nacquire, possess and use epinephrine devices for emergency treatment of\na person appearing to experience anaphylactic symptoms, under this\nsection.\n (b) An eligible person or entity shall designate one or more\nindividuals who have completed the training required by paragraph (c) of\nthis subdivision to be responsible for the storage, maintenance,\ncontrol, and general oversight of the epinephrine devices acquired by\nthe eligible person or entity.\n (c) No one may use an epinephrine device on behalf of an eligible\nperson or entity unless they have successfully completed a training\ncourse in the use of epinephrine devices conducted by a nationally\nrecognized organization experienced in training laypersons in emergency\nhealth treatment or by an entity or individual approved by the\ncommissioner, or is directed in a specific instance to use an\nepinephrine device by a health care practitioner. The training required\nby this paragraph shall include (i) how to recognize signs and symptoms\nof severe allergic reactions, including anaphylaxis; (ii) recommended\ndosage for adults and children; (iii) standards and procedures for the\nstorage and administration of an epinephrine device; and (iv) emergency\nfollow-up procedures.\n (d) This section does not prohibit the use of an epinephrine device\n(i) by a health care practitioner or (ii) by a person acting pursuant to\na lawful patient-specific prescription.\n (e) Every eligible person and entity authorized to possess and use\nepinephrine devices pursuant to this section shall use, maintain and\ndispose of such devices pursuant to regulations of the department.\n (f) Nothing in this section shall require any eligible person or\nentity to acquire, possess, store, make available, or administer an\nepinephrine device, except as provided for in subdivision five-e of\nsection two hundred twenty-five of this chapter.\n 3. Prescriptions. (a) A health care practitioner who is authorized to\nprescribe drugs may prescribe, dispense or provide an epinephrine device\nto or for an eligible person or entity by a non-patient-specific\nprescription.\n (b) A pharmacist may dispense an epinephrine device pursuant to a\nnon-patient-specific prescription under this subdivision.\n (c) This subdivision does not limit any other authority a health care\npractitioner or pharmacist has to prescribe, dispense, provide or\nadminister an epinephrine device.\n 4. Application of other laws. (a) Use of an epinephrine device\npursuant to this section shall be considered first aid or emergency\ntreatment for the purpose of any statute relating to liability.\n (b) Purchase, acquisition, possession or use of an epinephrine device\npursuant to this section shall not constitute the unlawful practice of a\nprofession or other violation under title eight of the education law or\narticle thirty-three of this chapter.\n (c) Any person otherwise authorized to sell or provide an epinephrine\ndevice may sell or provide it to a person or entity authorized to\npossess it pursuant to this section.\n
