NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1024B
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the public health law, in relation to authorizing
certain law enforcement officers and firefighters to possess and admin-
ister epinephrine by use of an epinephrine auto-injector device
PURPOSE:
This legislation would authorize firefighters and law enforcement offi-
cers to possess and administer epinephrine.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Public Health Law section 3000-c to amend the defi-
nition of an "eligible person or entity" in terms of those authorized to
administer epinephrine, to include firefighters, police officers and
peace officers in cities, towns and villages with a population of less
than one million.
Section 2 provides the effective date.
JUSTIFICATION:
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. Currently,
in the event of such an allergic reaction, or any situation otherwise
where a life could be saved by administering epinephrine to a person in
danger, law enforcement officers are not authorized to carry the injec-
tor pen, or to administer the epinephrine. However, in many cases,
police officers are the first, or only, emergency responders on the
scene.
The list of authorized individuals includes emergency medical techni-
cians (EMTs), children's overnight camp and summer day camp employees,
school district officials or employees, sports venues, entertainment
venues, amusement venues, daycare or retail venues or their employees
are all authorized carriers and administrators. While it is vital that
these certified emergency service providers are available at a moment's
notice, restricting police officers from carrying the simple injection
device is inconsistent with the list of professionals.currently author-
ized, contradictory to law enforcement's mission of keeping citizens
safe, and outright dangerous as it significantly increases the likeli-
hood that anaphylaxis will lead to death.
Our police officers, and other law enforcement agents, are highly
trained and capable of administering epinephrine, and should be allowed
to both carry and administer these devices in order to save lives.
LEGISLATIVE HISTORY:
2017-18: A.11369 Referred to Health; S.9153-A - Referred to Rules
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
1024--B
Cal. No. 19
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. L. ROSENTHAL, BUTTENSCHON, BYRNE, GALEF -- read
once and referred to the Committee on Health -- advanced to a third
reading, passed by Assembly and delivered to the Senate, recalled from
the Senate, vote reconsidered, bill amended, ordered reprinted,
retaining its place on the order of third reading -- again amended on
third reading, ordered reprinted, retaining its place on the order of
third reading
AN ACT to amend the public health law, in relation to authorizing
certain law enforcement officers and firefighters to possess and
administer epinephrine by use of an epinephrine auto-injector device
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Gio's Law".
3 § 2. Paragraph (a) of subdivision 1 of section 3000-c of the public
4 health law, as amended by chapter 200 of the laws of 2017, is amended to
5 read as follows:
6 (a) "Eligible person or entity" means: (i) an ambulance service or
7 advanced life support first response service; a certified first respon-
8 der, firefighter in a city, town or village having a population of less
9 than one million, emergency medical technician, or advanced emergency
10 medical technician, who is employed by or an enrolled member of any such
11 service; (ii) a children's overnight camp as defined in subdivision one
12 of section thirteen hundred ninety-two of this chapter, a summer day
13 camp as defined in subdivision two of section thirteen hundred ninety-
14 two of this chapter, a traveling summer day camp as defined in subdivi-
15 sion three of section thirteen hundred ninety-two of this chapter or a
16 person employed by such a camp; (iii) a school district, board of coop-
17 erative educational services, county vocational education and extension
18 board, charter school, and non-public elementary and secondary school in
19 this state or any person employed by any such entity, or employed by a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01840-06-9
A. 1024--B 2
1 contractor of such an entity while performing services for the entity;
2 [or] (iv) a sports, entertainment, amusement, education, government, day
3 care or retail facility; an educational institution, youth organization
4 or sports league; an establishment that serves food; or a person
5 employed by such entity; [and] (v) a police officer or peace officer in
6 a city, town or village having a population of less than one million;
7 and (vi) any other person or entity designated or approved, or in a
8 category designated or approved pursuant to regulations of the commis-
9 sioner in consultation with other appropriate agencies.
10 § 3. This act shall take effect on the thirtieth day after it shall
11 have become a law. Effective immediately the addition, amendment and/or
12 repeal of any rule or regulation necessary for the implementation of
13 this act on its effective date are authorized to be made on or before
14 such date.
