Relates to the emergency use of epinephrine auto-injector devices; increases the maximum population size for counties, cities, towns and villages which are permitted to purchase, acquire, possess and use epinephrine auto-injector devices.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7961
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the public health law, in relation to the emergency use
of epinephrine auto-injector devices
PURPOSE OR GENERAL IDEA OF BILL:
This bill modifies a bill enacted in 2019 (Chapter 633 of the Laws of
2C19) which authorized firefighters and law enforcement officers in
cities, towns, and villages outside of New York City to possess and
administer epinephrine. The purpose of this bill is to add county fire-
fighters and law enforcement officers outside of New York City to the
list of individuals who may possess and administer epinephrine.
SUMMARY OF PROVISIONS:
Section 1 amends paragraph (a) of subdivision 1 of section 3000-c of the
public health law to add county firefighters and law enforcement offi-
cers outside of New York City to the list of individuals who may possess
and administer epinephrine.
Section 2 sets an effective date.
JUSTIFICATION:
This bill clarifies that Gio's Law, enacted in 2019 (Chapter 633 of the
Laws of 2019), that expanded the list of eligible entities who may carry
and administer life-saving epi-pens, is intended to apply to all law
enforcement, firefighters, and EMS personnel in all counties across the
state, with the exception of those counties located within New York
City. Specifically, it shall ensure that Nassau and Suffolk Counties, or
any other counties that have populations over one million, outside of
New York City, are able to . carry and administer this critical treat-
ment for anaphylactic health emergencies.
Some questions have arisen recently as to whether the existing law
applies to counties with populations over one million that are outside
of New York City, such as in Nassau and Suffolk counties which are
organized under precinct arrangements, with police officers, EMS and
firefighters who are county employees.
This bill is necessary to clarify and affirm that Gio's Law applies
across the state, except for in New York City, as was intended with the
original law.
Epinephrine injectors, also known as "epi-pens" are used to reverse the
effects of severe allergic reactions, or anaphylaxis, from bee stings,
drug reactions, food allergies, or exercise-induced shock. In many
cases, firefighters or police officers are the first, or only, emergency
responders on the scene.
The original bill in 2019 was called "Gio's Law", in memory of Giovanni
Cipriano, a resident of Lawrence, NY, who was born with severe food
allergies and who passed away at 14 due to an anaphylactic reaction.
PRIOR LEGISLATIVE HISTORY:
New
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7961
2023-2024 Regular Sessions
IN ASSEMBLY
August 18, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the emergency use
of epinephrine auto-injector devices
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 3000-c of the
2 public health law, as amended by chapter 194 of the laws of 2021, is
3 amended to read as follows:
4 (a) "Eligible person or entity" means: (i) an ambulance service or
5 advanced life support first response service; a certified first respon-
6 der, firefighter in a county, city, town or village having a population
7 of less than [one] two million provided such county is not wholly
8 located within a city with a population of more than one million, emer-
9 gency medical technician, or advanced emergency medical technician, who
10 is employed by or an enrolled member of any such service; (ii) a chil-
11 dren's overnight camp as defined in subdivision one of section thirteen
12 hundred ninety-two of this chapter, a summer day camp as defined in
13 subdivision two of section thirteen hundred ninety-two of this chapter,
14 a traveling summer day camp as defined in subdivision three of section
15 thirteen hundred ninety-two of this chapter or a person employed by such
16 a camp; (iii) a school district, board of cooperative educational
17 services, county vocational education and extension board, charter
18 school, and non-public elementary and secondary school in this state or
19 any person employed by any such entity, or employed by a contractor of
20 such an entity while performing services for the entity; (iv) a sports,
21 entertainment, amusement, education, government, day care or retail
22 facility; an educational institution, youth organization or sports leag-
23 ue; an establishment that serves food; or a person employed by such
24 entity; (v) a police officer or peace officer in a county, city, town or
25 village having a population of less than [one] two million provided such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11173-02-3
A. 7961 2
1 county is not wholly located within a city with a population of more
2 than one million; (vi) forest rangers, park rangers and environmental
3 conservation police officers; and (vii) any other person or entity
4 designated or approved, or in a category designated or approved pursuant
5 to regulations of the commissioner in consultation with other appropri-
6 ate agencies.
7 § 2. This act shall take effect immediately.
