N.Y. Public Health Law § 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.