Amd §§225 & 3000-c, Pub Health L; amd §3, Chap of 2024 (as proposed in S.1078-A & A.2885-A)
Makes technical changes to certain provisions requiring epinephrine auto-injector devices to be made available in places of public assembly; amends the effectiveness of such provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A692
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the public health law, in relation to making technical
changes to certain provisions of such law; and to amend a chapter of the
laws of 2024 amending the public health law relating to requiring that
functional epinephrine auto-injector devices be made available in places
of public assembly and that at least one employee or volunteer of such
place of public assembly be trained in its proper operation and use and
be present at each facility function, as proposed in legislative bills
numbers S. 1078-A and A. 2885-A, in relation to the effectiveness ther-
eof
PURPOSE:
To make changes reflecting the length of time it will take to amend the
state sanitary code.
SUMMARY OF PROVISIONS:
This bill amends Chapter 461 of the Laws of 2024 by providing the
Department of Health with nine months to develop regulations related to
epinephrine auto-injector devices in places of public assembly.
JUSTIFICATION:
Allergies are the 6th leading cause of chronic illness in the U.S., with
more than 50 million Americans suffering from allergies each year. Food
allergies alone affect an estimated 15 million persons in the United
States and are responsible for approximately 30,000 emergency department
visits and 150-200 deaths each year. The best way to avoid death caused
by anaphylaxis is with the use of an epinephrine auto-injector device.
Revisions to the state's sanitary code require approval by the Public
Health and Health Planning Council in addition to a public comment peri-
od. To reflect the Department of Health's estimated timeline for the
regulatory and administrative process, the bill provides nine months for
the regulations to take effect, provided that actions necessary to
implement this regulatory relief can take effect immediately.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that sections
one and two of this act shall take effect on the same date and in the
same manner as a chapter of the laws of 2024 amending the public health
law relating to requiring that functional epinephrine auto-injector
devices be made available in places of public assembly and that at least
one employee or volunteer of such place of public assembly be trained in
its proper operation and use and be present at each facility function,
as proposed in legislative bills numbers S. 1078-A and A.288S-A, takes
effect.
STATE OF NEW YORK
________________________________________________________________________
692
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to making technical
changes to certain provisions of such law; and to amend a chapter of
the laws of 2024 amending the public health law relating to requiring
that functional epinephrine auto-injector devices be made available in
places of public assembly and that at least one employee or volunteer
of such place of public assembly be trained in its proper operation
and use and be present at each facility function, as proposed in
legislative bills numbers S. 1078-A and A. 2885-A, in relation to the
effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5-d of section 225 of the public health law, as
2 added by a chapter of the laws of 2024 amending the public health law
3 relating to requiring that functional epinephrine auto-injector devices
4 be made available in places of public assembly and that at least one
5 employee or volunteer of such place of public assembly be trained in its
6 proper operation and use and be present at each facility function, as
7 proposed in legislative bills numbers S. 1078-A and A. 2885-A, is relet-
8 tered subdivision 5-e.
9 § 2. Paragraph (f) of subdivision 2 of section 3000-c of the public
10 health law, as amended by a chapter of the laws of 2024 amending the
11 public health law relating to requiring that functional epinephrine
12 auto-injector devices be made available in places of public assembly and
13 that at least one employee or volunteer of such place of public assembly
14 be trained in its proper operation and use and be present at each facil-
15 ity function, as proposed in legislative bills numbers S. 1078-A and A.
16 2885-A, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02705-01-5
A. 692 2
1 (f) Nothing in this section shall require any eligible person or enti-
2 ty to acquire, possess, store, make available, or administer an epineph-
3 rine auto-injector, except as provided for in subdivision [five-d]
4 five-e of section two hundred twenty-five of this chapter.
5 § 3. Section three of a chapter of the laws of 2024 amending the
6 public health law relating to requiring that functional epinephrine
7 auto-injector devices be made available in places of public assembly and
8 that at least one employee or volunteer of such place of public assembly
9 be trained in its proper operation and use and be present at each facil-
10 ity function, as proposed in legislative bills numbers S. 1078-A and A.
11 2885-A, is amended to read as follows:
12 § 3. This act shall take effect [immediately] nine months after it
13 shall have become a law. Effective immediately, the addition, amendment
14 and/or repeal of any rule or regulation necessary for the implementation
15 of this act on its effective date are authorized to be made and
16 completed on or before such effective date.
17 § 4. This act shall take effect immediately; provided, however, that
18 sections one and two of this act shall take effect on the same date and
19 in the same manner as a chapter of the laws of 2024 amending the public
20 health law relating to requiring that functional epinephrine auto-injec-
21 tor devices be made available in places of public assembly and that at
22 least one employee or volunteer of such place of public assembly be
23 trained in its proper operation and use and be present at each facility
24 function, as proposed in legislative bills numbers S. 1078-A and A.
25 2885-A, takes effect.
