A 2153: Provides for the use of glucagon emergency injection kits by persons other than licensed health care professionals; provides for expanded use of epinephrine auto-injector devices in schools in emergency circumstances.

  
  STATE OF NEW YORK ________________________________________________________________________ 2153 2025-2026 Regular Sessions  IN ASSEMBLY January 15, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to use of epinephrine auto-injector devices in schools and authorizing the use of glucagon for emergency injection kits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 3000-a of the public health law, 2 as amended by chapter 373 of the laws of 2016, is amended to read as 3 follows: 4 2. (i) Any person or entity that purchases, operates, facilitates 5 implementation or makes available resuscitation equipment that facili- 6 tates first aid, an automated external defibrillator [or], an epineph- 7 rine auto-injector device or a glucagon emergency injection kit as 8 required by or pursuant to law or local law, or that conducts training 9 under section three thousand-c of this article, or (ii) an emergency 10 health care provider under a collaborative agreement pursuant to section 11 three thousand-b of this article with respect to an automated external 12 defibrillator, or (iii) a health care practitioner that prescribes, 13 dispenses or provides an epinephrine auto-injector device under section 14 three thousand-c of this article, or (iv) the emergency health care 15 provider with a collaborative agreement under section three thousand-g 16 of this article with respect to use of a glucagon emergency injection 17 kit, shall not be liable for damages arising either from the use of that 18 equipment by a person who voluntarily and without expectation of mone- 19 tary compensation renders first aid or emergency treatment at the scene 20 of an accident or medical emergency, or from the use of defectively 21 manufactured equipment; provided that this subdivision shall not limit 22 the person's or entity's, the emergency health care provider's, or other 23 health care practitioner's liability for [his] such person's or 24 entity's, [her] emergency health care provider's or [its] other health EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05795-01-5 
 A. 2153 2 1 care practitioner's own negligence, gross negligence or intentional 2 misconduct. 3 § 2. Subdivision 3 of section 3000-c of the public health law is 4 amended by adding a new paragraph (d) to read as follows: 5 (d) Every school district that designates any person or persons as an 6 eligible person shall immediately notify the commissioner of education 7 and ensure that all such persons immediately successfully complete the 8 training required by paragraph (a) of subdivision three of section three 9 thousand-g of this article. 10 § 3. The public health law is amended by adding a new section 3000-g 11 to read as follows: 12 § 3000-g. Glucagon emergency injection kits. 1. Definitions. As used 13 in this section: 14 (a) "Eligible person, firm, organization, or other entity" means, (i) 15 an ambulance service or advanced life support first response service; a 16 certified first responder, emergency medical technician, or advanced 17 emergency medical technician, who is employed by or an enrolled member 18 of any such service; (ii) a children's overnight camp as defined in 19 subdivision one of section thirteen hundred ninety-two of this chapter, 20 a summer day camp as defined in subdivision two of section thirteen 21 hundred ninety-two of this chapter, a traveling summer day camp as 22 defined in subdivision three of section thirteen hundred ninety-two of 23 this chapter or a person employed by such a camp; (iii) any other 24 person, firm, organization or entity designated pursuant to regulations 25 of the commissioner in consultation with other appropriate agencies; or 26 (iv) a school district or any person employed by a school district who 27 is designated as such; and all subject to regulations of the commission- 28 er. 29 (b) "Emergency health care provider" means (i) a physician with know- 30 ledge and experience in the delivery of emergency care; or (ii) a hospi- 31 tal licensed under article twenty-eight of this chapter that provides 32 emergency care. 33 2. Collaborative agreement. Any eligible person, firm, organization or 34 other entity may purchase, acquire, possess and use glucagon for emer- 35 gency injection kits pursuant to a collaborative agreement with an emer- 36 gency health care provider. The collaborative agreement shall include a 37 written agreement that incorporates written practice protocols, and 38 policies and procedures that shall ensure compliance with the provisions 39 of this section. The person, firm, organization or entity shall file a 40 copy of the collaborative agreement with the department and with appro- 41 priate regional council prior to using any glucagon for emergency 42 injection kits. 43 3. Possession and use of glucagon emergency injection kits. Possession 44 and use of glucagon emergency injection kits shall be limited as 45 follows: 46 (a) No person shall use a glucagon emergency injection kit unless such 47 person shall have successfully completed a training course in the use of 48 glucagon emergency injection kits approved by the commissioner pursuant 49 to the rules of the department. This section shall not be deemed to 50 prohibit the use of a glucagon emergency injection kit (i) by a health 51 care practitioner licensed or certified under title eight of the educa- 52 tion law acting within the scope of such health care practitioner's 53 practice, or (ii) by a person acting pursuant to a lawful prescription. 54 (b) Every person, firm, organization and entity authorized to possess 55 and use glucagon emergency injection kits pursuant to this section shall 
 A. 2153 3 1 use, maintain and dispose of such kits pursuant to regulations of the 2 department. 3 (c) Every use of a glucagon emergency injection kit pursuant to this 4 section shall immediately be reported to the emergency health care 5 provider. 6 (d) Every school district that designates any person or persons as an 7 eligible person shall immediately notify the commissioner of education 8 and ensure that all persons immediately successfully complete the train- 9 ing required by paragraph (a) of this subdivision. 10 4. Application of other laws. (a) Use of a glucagon emergency 11 injection kit pursuant to this section shall be considered first aid or 12 emergency treatment for the purpose of any statute relating to liabil- 13 ity. 14 (b) Purchase, acquisition, possession or use of a glucagon emergency 15 injection kit pursuant to this section shall not constitute the unlawful 16 practice of a profession or other violation under title eight of the 17 education law or article thirty-three of this chapter. 18 (c) Any person otherwise authorized to sell or provide a glucagon for 19 emergency injection kit may sell or provide it to a person authorized to 20 possess it pursuant to this section. 21 § 4. This act shall take effect immediately.