S07335 Summary:

Add §3000-e, Pub Health L
Relates to rescue inhaler treatment devices.
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S07335 Actions:

02/11/20201ST REPORT CAL.425
02/12/20202ND REPORT CAL.
07/21/2020referred to health
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S07335 Committee Votes:

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S07335 Floor Votes:

There are no votes for this bill in this legislative session.
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S07335 Memo:

Memo not available
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S07335 Text:

                STATE OF NEW YORK
                    IN SENATE
                                    January 17, 2020
        Introduced  by Sens. RIVERA, KAMINSKY -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health
        AN ACT to amend the public health law, in  relation  to  rescue  inhaler
          treatment devices
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  3000-e to read as follows:
     3    § 3000-e. Rescue inhaler treatment devices. 1. Definitions. As used in
     4  this section:
     5    (a)  "Eligible  person  or  entity"  means (i) an ambulance service or
     6  advanced life support first response service; a certified first  respon-
     7  der, emergency medical technician, or advanced emergency medical techni-
     8  cian, who is employed by or an enrolled member of any such service; (ii)
     9  a  children's  overnight  camp  as defined in subdivision one of section
    10  thirteen hundred ninety-two of  this  chapter,  a  summer  day  camp  as
    11  defined  in  subdivision  two  of section thirteen hundred ninety-two of
    12  this chapter, a traveling summer day  camp  as  defined  in  subdivision
    13  three of section thirteen hundred ninety-two of this chapter or a person
    14  employed  by  such a camp; (iii) a school district, board of cooperative
    15  educational services, county vocational education and  extension  board,
    16  charter  school,  and non-public elementary and secondary school in this
    17  state or any person employed by  any  such  entity,  or  employed  by  a
    18  contractor  of  such an entity while performing services for the entity;
    19  or (iv) a sports, entertainment, amusement, education,  government,  day
    20  care  or retail facility; an educational institution, youth organization
    21  or sports league;  an  establishment  that  serves  food;  or  a  person
    22  employed  by  such entity; and (v) any other person or entity designated
    23  or approved, or in a category designated or approved pursuant  to  regu-
    24  lations of the commissioner in consultation with other appropriate agen-
    25  cies.
    26    (b)  "Rescue  inhaler  treatment  device"  means a device used for the
    27  self-administration of inhaled rescue medications into  the  human  body
    28  for  the purpose of emergency treatment of a person appearing to experi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7335                             2

     1  ence an asthmatic or other respiratory disease approved by the food  and
     2  drug administration.
     3    (c)  "Health  care  practitioner"  means  a  health  care practitioner
     4  licensed, certified, or authorized to practice under title eight of  the
     5  education  law who is authorized thereby to administer drugs, and who is
     6  acting within the scope of his or her practice.
     7    2. Possession and use. (a) Any eligible person or entity may purchase,
     8  acquire, possess and use rescue inhaler treatment devices for  emergency
     9  treatment of a person appearing to experience asthmatic or other respir-
    10  atory disease symptoms, under this section.
    11    (b)  An eligible person or entity shall designate one or more individ-
    12  uals who have completed the training required by paragraph (c)  of  this
    13  subdivision to be responsible for the storage, maintenance, control, and
    14  general  oversight  of  the rescue inhaler treatment devices acquired by
    15  the eligible person or entity.
    16    (c) No one may use a rescue inhaler treatment device on behalf  of  an
    17  eligible  person or entity unless he or she has successfully completed a
    18  training course in the use of rescue inhaler treatment devices conducted
    19  by a nationally recognized organization experienced in training  layper-
    20  sons  in  emergency  health  treatment  or  by  an  entity or individual
    21  approved by the commissioner, or is directed in a specific  instance  to
    22  use a rescue inhaler treatment device by a health care practitioner. The
    23  training  required  by this paragraph shall include (i) how to recognize
    24  signs and symptoms of severe  asthmatic  or  other  respiratory  disease
    25  reactions; (ii) recommended dosage for adults and children; (iii) stand-
    26  ards  and  procedures  for  the  storage  and administration of a rescue
    27  inhaler treatment; and (iv) emergency follow-up procedures.
    28    (d) This section does not prohibit the use of a rescue inhaler  treat-
    29  ment device (i) by a health care practitioner or (ii) by a person acting
    30  pursuant to a lawful patient-specific prescription.
    31    (e)  Every  eligible  person  and entity authorized to possess and use
    32  rescue inhaler treatment devices pursuant to this section shall use  and
    33  maintain such devices pursuant to regulations of the department.
    34    (f) Nothing in this section shall require any eligible person or enti-
    35  ty  to  acquire,  possess, store, make available, or administer a rescue
    36  inhaler treatment.
    37    3. Prescriptions. (a) A health care practitioner who is authorized  to
    38  prescribe  drugs  may  prescribe,  dispense  or provide a rescue inhaler
    39  treatment device to or for an eligible person or  entity  by  a  non-pa-
    40  tient-specific prescription.
    41    (b) A pharmacist may dispense a rescue inhaler treatment pursuant to a
    42  non-patient-specific prescription under this subdivision.
    43    (c)  This subdivision does not limit any other authority a health care
    44  practitioner or pharmacist has to prescribe, dispense, provide or admin-
    45  ister a rescue inhaler treatment device.
    46    4. Application of other laws. (a) Use of a  rescue  inhaler  treatment
    47  device  pursuant  to this section shall be considered first aid or emer-
    48  gency treatment for the purpose of any statute relating to liability.
    49    (b) Purchase, acquisition, possession  or  use  of  a  rescue  inhaler
    50  treatment  device  pursuant  to  this  section  shall not constitute the
    51  unlawful practice of a profession or other violation under  title  eight
    52  of the education law or article thirty-three of this chapter.
    53    (c) Any person otherwise authorized to sell or provide a rescue inhal-
    54  er treatment device may sell or provide it to a person or entity author-
    55  ized to possess it pursuant to this section.
    56    § 2. This act shall take effect immediately.
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S07335 LFIN:

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S07335 Chamber Video/Transcript:

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