Int. No. 819
By Council Members DiBrienza, Robles, Carrion, Malave-Dilan, Henry, Linares, Marshall, Moskowitz, Nelson, Perkins and Provenzano; also Council Members Espada, Lasher, Michels, O'Donovan, Rivera, Rodriguez, Watkins, White and Quinn
A Local Law to amend the administrative code of the city of New York, in relation to requiring that ambulance services operating within the city of New York be equipped with epinephrine auto-injector devices.
Be it enacted by the Council as follows:
Section 1. The administrative code of the city of New York is amended by adding a new section 17-182 to read as follows:
Section 17-182 Epinephrine auto-injector devices. a. As used in this section, the following terms shall mean or include:
1. "Advanced emergency medical technician" means an emergency medical technician who has satisfactorily completed an advanced course of training approved by the state council under regulations pursuant to section three thousand two of article thirty of the public health law.
2. "Ambulance" means any motor vehicle, aircraft or other form of transportation utilized by an ambulance service in providing medical care and transportation of sick or injured persons to, from, or between general hospitals or other health care facilities.
3. "Ambulance service" means an individual, partnership, association, corporation, or public entity or subdivision thereof engaged in providing emergency medical care and the transportation of sick or injured persons by motor vehicle, aircraft or other forms of transportation, to, from, or between general hospitals or other health care facilities.
4. "Certified first responder" means an individual meeting the minimum requirements established by regulations pursuant to section three thousand two of article thirty of the public health law and who is responsible for the administration or supervision of initial emergency medical care and transportation of sick or injured persons.
5. "Emergency health care provider" means (i) a physician with knowledge and experience in the delivery of emergency care, or (ii) a hospital duly licensed under article twenty-eight of the public health law.
6. "Emergency medical technician" means an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of article thirty of the public health law.
7. "Epinephrine auto-injector device" means a medical device approved for use by the United States food and drug administration that is designed to automatically inject a pre-filled dose of epinephrine for the purpose of treatment in allergic emergencies.
b. The owner or operator of an ambulance service operating within the city of New York shall ensure that each ambulance that is operated by such service is equipped with an epinephrine auto-injector device acquired in accordance with section three thousand (c) of article thirty of the public health law.
c. No certified first responder, emergency medical technician, or advanced emergency medical technician 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, in accordance with state law. No provision of this section shall be construed to prohibit the use of an epinephrine auto-injector device by a health care practitioner licensed and certified under title eight of the state education law acting within the scope of his or her practice, or by a person acting pursuant to a lawful prescription.
d. Every ambulance service required to possess and every person who uses an epinephrine auto-injector device pursuant to this section shall use, maintain and dispose of such devices pursuant to all applicable rules and regulations.
e. Every use of an epinephrine auto-injector device pursuant to this section shall immediately be reported to the emergency health care provider.
f. 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 the liability of any ambulance service, certified first responder, emergency medical technician or advanced emergency medical technician.
ยง 2. This local law shall take effect ninety days after its enactment.
LS#3416
JM:ts
10/05/00