N.Y. Public Health Law 3000-E – Rescue inhaler treatment devices
§ 3000-e. Rescue inhaler treatment devices. 1. Definitions. As used in this section:
Terms Used In N.Y. Public Health Law 3000-E
- 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 this article. See N.Y. Public Health Law 3001
- Advanced life support first response service: means an organization which provides advanced life support care, but does not transport patients. See N.Y. Public Health Law 3001
- Ambulance service: means an individual, partnership, association, corporation, municipality or any legal 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. See N.Y. Public Health Law 3001
- Certified first responder: means an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of this article and who is responsible for administration of initial life saving care of sick and injured persons. See N.Y. Public Health Law 3001
- Emergency medical technician: means an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of this article and who is responsible for administration or supervision of initial emergency medical care and transportation of sick or injured persons. See N.Y. Public Health Law 3001
- Enrolled member: means any member of a voluntary ambulance service or voluntary advanced life support first response service who provides emergency medical care or transportation of sick or injured persons without expectation of monetary compensation. See N.Y. Public Health Law 3001
- Oversight: Committee review of the activities of a Federal agency or program.
- Statute: A law passed by a legislature.
(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 § 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.