2013 New York Consolidated Laws
PBH - Public Health
Article 30 - (3000 - 3032) EMERGENCY MEDICAL SERVICES
3000-C - Epinephrine auto-injector devices.

 
    §  3000-c.  Epinephrine auto-injector devices. 1. Definitions. As used
  in this section:
    (a) "Eligible person, firm, organization, or other entity" means,  (i)
  an  ambulance service or advanced life support first response service; a
  certified first responder, emergency  medical  technician,  or  advanced
  emergency  medical  technician, who is employed by or an enrolled member
  of any such service; (ii) a children's  overnight  camp  as  defined  in
  subdivision  one of section thirteen hundred ninety-two of this chapter,
  a summer day camp as defined in  subdivision  two  of  section  thirteen
  hundred  ninety-two  of  this  chapter,  a  traveling summer day camp as
  defined in subdivision three of section thirteen hundred  ninety-two  of
  this  chapter  or  a  person employed by such a camp; or (iii) any other
  person, firm, organization or entity designated pursuant to  regulations
  of the commissioner in consultation with other appropriate agencies; and
  all subject to regulations of the commissioner.
    (b)  "Emergency  health  care  provider"  means  (i)  a physician with
  knowledge and experience in the delivery of emergency care;  or  (ii)  a
  hospital  licensed  under  article  twenty-eight  of  this  chapter that
  provides emergency care.
    2. Collaborative agreement. Any eligible person, firm, organization or
  other  entity  may  purchase,  acquire,  possess  and  use   epinephrine
  auto-injector  devices  pursuant  to  a  collaborative agreement with an
  emergency  health  care  provider.  The  collaborative  agreement  shall
  include   a   written   agreement  that  incorporates  written  practice
  protocols, and policies and procedures that shall ensure compliance with
  the provisions of this section. The person, firm, organization or entity
  shall file a copy of the collaborative agreement with the department and
  with the appropriate regional council prior  to  using  any  epinephrine
  auto-injector device.
    3. Possession and use of epinephrine auto-injector devices. Possession
  and  use  of  epinephrine  auto-injector  devices  shall  be  limited as
  follows:
    (a) No person shall use an  epinephrine  auto-injector  device  unless
  such  person  shall have successfully completed a training course in the
  use of epinephrine auto-injector devices approved  by  the  commissioner
  pursuant  to the rules of the department. This section does not prohibit
  the use of an epinephrine auto-injector device  (i)  by  a  health  care
  practitioner  licensed  or  certified under title eight of the education
  law acting within the scope of his or her practice, or (ii) by a  person
  acting pursuant to a lawful prescription.
    (b)  Every person, firm, organization and entity authorized to possess
  and use epinephrine auto-injector devices pursuant to this section shall
  use, maintain and dispose of such devices pursuant to regulations of the
  department.
    (c) Every use of an epinephrine auto-injector device pursuant to  this
  section  shall  immediately  be  reported  to  the emergency health care
  provider.
    4. Application of other laws. (a) Use of an epinephrine  auto-injector
  device  pursuant  to  this  section  shall  be  considered  first aid or
  emergency  treatment  for  the  purpose  of  any  statute  relating   to
  liability.
    (b)  Purchase,  acquisition,  possession  or  use  of  an  epinephrine
  auto-injector device pursuant to this section shall not  constitute  the
  unlawful  practice  of a profession or other violation under title eight
  of the education law or article thirty-three of this chapter.
    (c) Any person otherwise authorized to sell or provide an  epinephrine
  auto-injector  device  may  sell or provide it to a person authorized to
  possess it pursuant to this section.