BILL NUMBER: S7807A
SPONSOR: GOUNARDES
 
TITLE OF BILL:
An act to amend the public health law, the education law and the insur-
ance law, in relation to expanding the definition of epinephrine devices
to include epinephrine nasal sprays
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill expands the definition of epinephrine devices to include
epinephrine nasal sprays and updates existing laws to ensure the current
requirements cover all forms of epinephrine.
 
SUMMARY OF PROVISIONS:
Section one amends section 3000-c of the public health law.
Section two amends subdivision 2 of section 3000-c of the public health
law.
Section three amends subdivision 2 of section 3000-a of the public
health law.
Section four amends subdivision 5-e of section 225 of the public health
law.
Section five amends subdivision 1 of section 902-b of the education law.
Section six amends subdivision 1 of section 916-a of the education law.
Section seven amends subdivision 1 of section 921 of the education law.
Section eight amends section 921-a of the education law.
Section nine amends paragraph 39 of subsection (i) of section 3216 of
the insurance law.
Section ten amends paragraph 23 of subsection (k) of section 3221 of the
insurance law.
Section eleven amends subsection (w) of section 4303 of the insurance
law.
Section twelve establishes the effective date.
 
JUSTIFICATION:
According to the Centers for Disease Control and Prevention, nearly 1 in
13 children suffer from a food allergy. The National Institutes of
Health has found that food allergies contribute to many deaths per year
and thousands of hospitalizations. Epinephrine is a lifesaving drug that
can reverse anaphylactic shock, and those who live with severe food
allergies rely on epinephrine auto-injectors to reverse anaphylactic
symptoms in emergency situations. New York State has long been a leader
in enacting laws to improve access to epinephrine and training opportu-
nities for those who may need to assist in administering epinephrine.
In August 2024, the Food and Drug Administration approved a first-of-its
kind epinephrine nasal spray for the emergency treatment of anaphylactic
reactions. This nasal spray will help to make epinephrine more accessi-
ble to those who need it, particularly for people who are fearful of
needles. This legislation amends the definition of epinephrine devices
used in New York State law to include other forms of epinephrine that
may become available. This legislation also adjusts existing laws that
regulate the training and stocking of epinephrine devices, ensuring that
our laws will continue to make epinephrine as accessible as possible,
whether through an auto-injector device or another form.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7807: 3000-c public health law, 3000-c(2) public health law, 3000-a public health law, 3000-a(2) public health law, 902-b education law, 902-b(1) education law, 916-a education law, 916-a(1) education law, 921 education law, 921(1) education law
S7807A: 3000-c public health law, 3000-c(2) public health law, 3000-a public health law, 3000-a(2) public health law, 902-b education law, 902-b(1) education law, 916-a education law, 916-a(1) education law, 921 education law, 921(1) education law