New York, NY – Assemblymember Linda B. Rosenthal (D/WF-Manhattan) announced today that her legislation (A.5392-B/S.7807-A) expanding access to epinephrine nasal sprays has been signed into law by the Governor. This legislation updates New York’s existing epinephrine laws to cover all available formulations, no longer limited to epinephrine auto-injectors, and guarantees insurance coverage. Sen. Gounardes is the Senate sponsor.

“Epinephrine is a lifesaving tool for people living with allergies. As medicine evolves, we must ensure that New Yorkers have the same access to these new products as they do traditional auto-injectors,” said Assemblymember Rosenthal. “The FDA’s approval of an epinephrine nasal spray last year provided allergy sufferers with a cheaper and less intimidating tool to use during emergencies, but our laws were not expansive enough to provide families with access to it.”

Prior to the U.S. Food and Drug Administration’s approval of an epinephrine nasal spray in August 2024, epinephrine auto-injectors were the only tool available to non-medical personnel to effectively treat anaphylaxis. New York State law requires that auto-injectors be covered by health insurance companies and caps the out-of-pocket cost for patients at $100. Under this new law, insurers must provide the same coverage for epinephrine nasal sprays and any other future formulations approved by the FDA. 

This legislation also updates existing epinephrine auto-injector laws to include nasal sprays, such as laws allowing police and firefighters to carry the drug and requiring school teachers to receive information on the proper use of these devices. This legislation also updates a prior law authorizing public venues, such as sports stadiums, theaters and concert halls, to stock any FDA-approved epinephrine device. Rosenthal was the prime sponsor of each of these laws.

 “Quick and easy access to epinephrine is key to protecting the more than 50 million Americans living with life-threatening allergies,” said Assemblymember Rosenthal. “By providing access to new treatment methods as they become available, we will save lives and provide patients and their families with the option to use the medication with which they feel most comfortable."