2022 New York Laws
PBH - Public Health
Article 30 - Emergency Medical Services
3000-E - Rescue Inhaler Treatment Devices.

§ 3000-e. Rescue inhaler treatment devices. 1. Definitions. As used in
this section:
  (a)  "Eligible  person  or  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; (iii) a school district, board of
cooperative  educational  services,  county  vocational  education   and
extension board, charter school, and non-public elementary and secondary
school  in  this  state  or  any  person employed by any such entity, or
employed by a contractor of such an entity while performing services for
the entity; or  (iv)  a  sports,  entertainment,  amusement,  education,
government,  day  care  or  retail facility; an educational institution,
youth organization or sports league; an establishment that serves  food;
or  a person employed by such entity; and (v) any other person or entity
designated or approved, or in a category designated or approved pursuant
to  regulations  of  the  commissioner  in   consultation   with   other
appropriate agencies.
  (b)  "Rescue  inhaler  treatment  device"  means a device used for the
self-administration of inhaled rescue medications into  the  human  body
for  the  purpose  of  emergency  treatment  of  a  person  appearing to
experience an asthmatic or other respiratory  disease  approved  by  the
food and drug administration.
  (c)  "Health  care  practitioner"  means  a  health  care practitioner
licensed, certified, or authorized to practice under title eight of  the
education  law who is authorized thereby to administer drugs, and who is
acting within the scope of his or her practice.
  2. Possession and use. (a) Any eligible person or entity may purchase,
acquire, possess and use rescue inhaler treatment devices for  emergency
treatment  of  a  person  appearing  to  experience  asthmatic  or other
respiratory disease symptoms, under this section.
  (b)  An  eligible  person  or  entity  shall  designate  one  or  more
individuals who have completed the training required by paragraph (c) of
this  subdivision  to  be  responsible  for  the  storage,  maintenance,
control, and general oversight of the rescue inhaler  treatment  devices
acquired by the eligible person or entity.
  (c)  No  one may use a rescue inhaler treatment device on behalf of an
eligible person or entity unless he or she has successfully completed  a
training course in the use of rescue inhaler treatment devices conducted
by   a   nationally  recognized  organization  experienced  in  training
laypersons in emergency health treatment or by an entity  or  individual
approved  by  the commissioner, or is directed in a specific instance to
use a rescue inhaler treatment device by a health care practitioner. The
training required by this paragraph shall include (i) how  to  recognize
signs  and  symptoms  of  severe  asthmatic or other respiratory disease
reactions; (ii)  recommended  dosage  for  adults  and  children;  (iii)
standards  and procedures for the storage and administration of a rescue
inhaler treatment; and (iv) emergency follow-up procedures.
  (d) This section does  not  prohibit  the  use  of  a  rescue  inhaler
treatment  device  (i) by a health care practitioner or (ii) by a person
acting pursuant to a lawful patient-specific prescription.
  (e) Every eligible person and entity authorized  to  possess  and  use
rescue  inhaler treatment devices pursuant to this section shall use and
maintain such devices pursuant to regulations of the department.
  (f)  Nothing  in  this  section  shall  require any eligible person or
entity to acquire, possess,  store,  make  available,  or  administer  a
rescue inhaler treatment.
  3.  Prescriptions. (a) A health care practitioner who is authorized to
prescribe drugs may prescribe, dispense  or  provide  a  rescue  inhaler
treatment   device  to  or  for  an  eligible  person  or  entity  by  a
non-patient-specific prescription.
  (b) A pharmacist may dispense a rescue inhaler treatment pursuant to a
non-patient-specific prescription under this subdivision.
  (c) This subdivision does not limit any other authority a health  care
practitioner  or  pharmacist  has  to  prescribe,  dispense,  provide or
administer a rescue inhaler treatment device.
  4. Application of other laws. (a) Use of a  rescue  inhaler  treatment
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 a rescue inhaler
treatment 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  a  rescue
inhaler  treatment  device  may sell or provide it to a person or entity
authorized to possess it pursuant to this section.