2014 New York 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) school
  districts, boards of cooperative educational services, county vocational
  education  and  extension  boards,  charter  schools,   and   non-public
  elementary and secondary schools in this state or any person employed by
  any  such entity; or (iv) 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.