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S T A T E O F N E W Y O R K
________________________________________________________________________
7807--A
2025-2026 Regular Sessions
I N S E N A T E
May 9, 2025
___________
Introduced by Sens. GOUNARDES, CLEARE -- read twice and ordered printed,
and when printed to be committed to the Committee on Health -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3000-c of the public health law, as amended by
chapter 373 of the laws of 2016, paragraph (a) of subdivision 1 as
amended by chapter 472 of the laws of 2024, and paragraph (f) of subdi-
vision 2 as amended by chapter 373 of the laws of 2016, is amended to
read as follows:
§ 3000-c. Epinephrine [auto-injector] 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 respon-
der, firefighter in a county, city, town or village having a population
of less than two million provided such county is not wholly located
within a city with a population of more than one million, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09090-05-5
S. 7807--A 2
employed by any such entity, or employed by a contractor of such an
entity while performing services for the entity; (iv) a sports, enter-
tainment, 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; (v)
a police officer or peace officer in a county, city, town or village
having a population of less than two million provided such county is not
wholly located within a city with a population of more than one million;
(vi) forest rangers, park rangers and environmental conservation police
officers; and (vii) 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) "Epinephrine [auto-injector] device" means [a single-use] AN
EPINEPHRINE DELIVERY device OR PRODUCT APPROVED BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION AND used for the automatic injection OR ADMINIS-
TRATION of a premeasured dose of epinephrine into the human body for the
purpose of emergency treatment of a person appearing to experience
anaphylactic symptoms 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] SUCH HEALTH CARE PRACTITIONER'S
practice.
2. Possession and use. (a) Any eligible person or entity may purchase,
acquire, possess and use epinephrine [auto-injector] devices for emer-
gency treatment of a person appearing to experience anaphylactic symp-
toms, under this section.
(b) An eligible person or entity shall designate one or more individ-
uals 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 epinephrine [auto-injectors] DEVICES acquired
by the eligible person or entity.
(c) No one may use an epinephrine [auto-injector] device on behalf of
an eligible person or entity unless [he or she has] THEY HAVE success-
fully completed a training course in the use of epinephrine [auto-injec-
tor] devices conducted by a nationally recognized organization experi-
enced 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 an epinephrine [auto-injector] device by a
health care practitioner. The training required by this paragraph shall
include (i) how to recognize signs and symptoms of severe allergic
reactions, including anaphylaxis; (ii) recommended dosage for adults and
children; (iii) standards and procedures for the storage and adminis-
tration of an epinephrine [auto-injector] DEVICE; and (iv) emergency
follow-up procedures.
(d) This section does not prohibit the use of an epinephrine [auto-in-
jector] 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
epinephrine [auto-injector] devices pursuant to this section shall use,
maintain and dispose of such devices pursuant to regulations of the
department.
(f) Nothing in this section shall require any eligible person or enti-
ty to acquire, possess, store, make available, or administer an epineph-
rine [auto-injector] DEVICE.
S. 7807--A 3
3. Prescriptions. (a) A health care practitioner who is authorized to
prescribe drugs may prescribe, dispense or provide an epinephrine [auto-
injector] device to or for an eligible person or entity by a non-pa-
tient-specific prescription.
(b) A pharmacist may dispense an epinephrine [auto-injector] DEVICE
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 admin-
ister an epinephrine [auto-injector] device.
4. Application of other laws. (a) Use of an epinephrine [auto-injec-
tor] device pursuant to this section shall be considered first aid or
emergency treatment for the purpose of any statute relating to liabil-
ity.
(b) Purchase, acquisition, possession or use of an epinephrine [auto-
injector] 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 an epinephrine
[auto-injector] device may sell or provide it to a person or entity
authorized to possess it pursuant to this section.
§ 2. Paragraph (f) of subdivision 2 of section 3000-c of the public
health law, as amended by chapter 22 of the laws of 2025, is amended to
read as follows:
(f) Nothing in this section shall require any eligible person or enti-
ty to acquire, possess, store, make available, or administer an epineph-
rine [auto-injector] DEVICE, except as provided for in subdivision
five-e of section two hundred twenty-five of this chapter.
§ 3. Subdivision 2 of section 3000-a of the public health law, as
amended by chapter 373 of the laws of 2016, is amended to read as
follows:
2. (i) Any person or entity that purchases, operates, facilitates
implementation or makes available resuscitation equipment that facili-
tates first aid, an automated external defibrillator or an epinephrine
[auto-injector] device as required by or pursuant to law or local law,
or that conducts training under section three thousand-c of this arti-
cle, or (ii) an emergency health care provider under a collaborative
agreement pursuant to section three thousand-b of this article with
respect to an automated external defibrillator, or (iii) a health care
practitioner that prescribes, dispenses or provides an epinephrine
[auto-injector] device under section three thousand-c of this article,
shall not be liable for damages arising either from the use of that
equipment by a person who voluntarily and without expectation of mone-
tary compensation renders first aid or emergency treatment at the scene
of an accident or medical emergency, or from the use of defectively
manufactured equipment; provided that this subdivision shall not limit
the person's or entity's, the emergency health care provider's, or other
health care practitioner's liability for [his, her or its] THEIR own
negligence, gross negligence or intentional misconduct.
§ 4. Subdivision 5-e of section 225 of the public health law, as added
by chapter 461 of the laws of 2024 and as renumbered by chapter 22 of
the laws of 2025, is amended to read as follows:
5-e. Places of public assembly on-site epinephrine [auto-injector]
devices.
(a) Notwithstanding the provisions of paragraph (r) of subdivision
five of this section and section three thousand-c of this chapter, the
sanitary code shall provide that each place of public assembly as speci-
S. 7807--A 4
fied in this section shall be required to maintain and make available
on-site epinephrine [auto-injector] devices, as defined in paragraph (b)
of subdivision one of section three thousand-c of this chapter, in quan-
tities and types deemed by the commissioner to be adequate to ensure
ready and appropriate access for use during emergencies.
(b) Whenever places of public assembly are used for public or private
sponsored events or activities the owners, operators and administrators
responsible for such place of public assembly shall ensure the presence
of at least one staff person or volunteer who is trained, pursuant to
paragraph (c) of subdivision two of section three thousand-c of this
chapter, in the operation and use of an epinephrine [auto-injector]
device.
(c) For the purposes of this subdivision, "places of public assembly"
shall mean those with an occupancy capacity of at least one thousand
people and shall include: (i) all stadiums, ballparks, gymnasiums, field
houses, arenas, civic centers and similar facilities used for the
conduct of sporting events; and (ii) concert halls, recital halls, thea-
tres, indoor and outdoor amphitheaters or other auditoriums used for the
presentation of musical renditions or concerts. Places of public assem-
bly shall not include halls owned by churches, religious organizations,
granges, public associations, or free libraries as defined by section
two hundred fifty-three of the education law.
(d) Places of public assembly and staff pursuant to paragraphs (a) and
(b) of this subdivision shall be subject to the requirements and limita-
tions of section three thousand-c of this chapter.
(e) Pursuant to sections three thousand-a and three thousand-c of this
chapter, any public access epinephrine [auto-injector] device provider,
or any employee or other agent of the provider who, in accordance with
the provisions of this section, voluntarily and without expectation of
monetary compensation renders emergency medical or first aid treatment
using an epinephrine [auto-injector] device which has been made avail-
able pursuant to this section, to a person who is unconscious, ill or
injured, shall be liable only pursuant to section three thousand-a of
this chapter.
(f) Nothing in this subdivision shall be construed to prohibit a poli-
tical subdivision of the state from continuing to implement and enforce
any local law or regulation related to the placement of epinephrine
[auto-injector] devices in places of public assembly as defined in this
subdivision, in effect prior to the effective date of this subdivision.
Where a political subdivision has a local law in effect prior to the
effective date of this subdivision, the provisions of this subdivision
shall have no force and effect until such time as the political subdivi-
sion repeals its local law.
(g) (i) Operation 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 liability.
(ii) Operation of an epinephrine [auto-injector] device pursuant to
this section shall not constitute the unlawful practice of a profession
under title eight of the education law.
§ 5. Subdivision 1 of section 902-b of the education law, as added by
chapter 423 of the laws of 2014, is amended to read as follows:
1. (A) Licensed nurses, nurse practitioners, physician assistants, or
physicians employed by schools are authorized to administer prescribed
epinephrine pursuant to the scope of practice of the licensed individual
under title VIII of this chapter, to pupils diagnosed by a physician or
other duly authorized health care provider with an allergy who have the
S. 7807--A 5
written permission of a physician or other duly authorized health care
provider for the administration of emergency epinephrine and written
parental consent to carry and use an epinephrine [auto injector] DEVICE
pursuant to section nine hundred sixteen-a of this article, during the
school day on school property and at any school function as such terms
are defined, respectively, by subdivisions one and two of section eleven
of this chapter.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "EPINEPHRINE
DEVICE" SHALL HAVE THE SAME MEANING AS SET FORTH IN PARAGRAPH (B) OF
SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
§ 6. Subdivision 1 of section 916-a of the education law, as added by
chapter 423 of the laws of 2014, is amended to read as follows:
1. (A) The board of education or trustees of each school district and
board of cooperative educational services shall allow pupils who have
been diagnosed by a physician or other duly authorized health care
provider with an allergy to carry and use a prescribed epinephrine [auto
injector] DEVICE for the emergency treatment of allergic reactions
during the school day on school property and at any school function as
such terms are defined, respectively, by subdivisions one and two of
section eleven of this chapter, with the written permission of a physi-
cian or other duly authorized health provider, and written parental
consent. The written permission shall include an attestation by the
physician or the health care provider confirming the following: [(a)](I)
the pupil's diagnosis of an allergy for which an epinephrine [auto
injector] DEVICE is needed; and [(b)] (II) that the pupil has demon-
strated that [he or she] SUCH PUPIL can self-administer the prescribed
epinephrine [auto injector] DEVICE effectively. The written permission
shall also include the circumstances which may warrant the use of the
epinephrine [auto injector] DEVICE. A record of such consent and
permission shall be maintained in the student's cumulative health
record. In addition, upon the written request of a parent or person in
parental relation, the board of education or trustees of a school
district and board of cooperative educational services shall allow such
pupils to maintain an extra epinephrine [auto injector] DEVICE for the
emergency treatment of allergies in the care and custody of A licensed
nurse, nurse practitioner, physician assistant, or physician employed by
such district or board of cooperative educational services, and shall be
readily accessible to such pupil. Nothing in this section shall require
a school district or board of cooperative educational services to retain
a licensed nurse, nurse practitioner, physician assistant, or physician
solely for the purpose of taking custody of a spare epinephrine [auto
injector] DEVICE for the emergency treatment of allergic reactions, or
require that a licensed nurse, nurse practitioner, physician assistant,
or physician be available at all times in a school building for taking
custody of the epinephrine [auto injector] DEVICE. In addition, the
epinephrine [auto injector] DEVICE provided by the pupil's parents or
persons in parental relation will be made available to the pupil as
needed in accordance with the school district's or board of cooperative
educational services' policy and the orders prescribed in the written
permission of the physician or other authorized health care provider.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "EPINEPHRINE
DEVICE" SHALL HAVE THE SAME MEANING AS SET FORTH IN PARAGRAPH (B) OF
SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
§ 7. Subdivision 1 of section 921 of the education law, as amended by
chapter 339 of the laws of 2021, is amended to read as follows:
S. 7807--A 6
1. (A) The board of education or trustees of each school district and
board of cooperative educational services and nonpublic schools are
authorized, but not obligated to have licensed registered professional
nurses, nurse practitioners, physician assistants, and physicians train
unlicensed school personnel to administer prescribed glucagon or
epinephrine [auto injectors] DEVICES in emergency situations, where an
appropriately licensed health professional is not available, to pupils
who have the written permission of a physician or other duly authorized
health care provider for the administration of glucagon or AN emergency
epinephrine [auto injector] DEVICE, along with written parental consent,
during the school day on school property and at any school function as
such terms are defined, respectively, by subdivisions one and two of
section eleven of this chapter. Training must be provided by a physician
or other duly authorized licensed health care professional in a compe-
tent manner and must be completed in a form and manner prescribed by the
commissioner in regulation.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "EPINEPHRINE
DEVICE" SHALL HAVE THE SAME MEANING AS SET FORTH IN PARAGRAPH (B) OF
SUBDIVISION ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
§ 8. Section 921-a of the education law, as amended by chapter 200 of
the laws of 2017, subdivision 3 as added by chapter 422 of the laws of
2023, is amended to read as follows:
§ 921-a. On-site epinephrine [auto-injector] DEVICE. 1. School
districts, boards of cooperative educational services, county vocational
education and extension boards, charter schools, and non-public elemen-
tary and secondary schools in this state may provide and maintain
on-site in each instructional school facility epinephrine [auto-injec-
tors] DEVICES in quantities and types deemed by the commissioner, in
consultation with the commissioner of health, to be adequate to ensure
ready and appropriate access for use during emergencies to any student
or staff having anaphylactic symptoms whether or not there is a previous
history of severe allergic reaction.
2. School districts, boards of cooperative educational services, coun-
ty vocational education and extension boards, charter schools, and non-
public elementary and secondary schools in this state, any person
employed by any such entity, or employed by a contractor of such an
entity while performing services for the entity may administer epineph-
rine [auto-injectors] DEVICES in the event of an emergency pursuant to
the requirements of section three thousand-c of the public health law.
3. School districts, boards of cooperative educational services, coun-
ty vocational education and extension boards, charter schools, and non-
public elementary and secondary schools in this state that are author-
ized to provide and maintain epinephrine [auto-injectors] DEVICES
on-site pursuant to this section shall provide all teachers with written
informational material on the use of an epinephrine [auto-injector]
DEVICE that has been created and approved by the commissioner of health.
4. FOR THE PURPOSES OF THIS SECTION, THE TERM "EPINEPHRINE DEVICE"
SHALL HAVE THE SAME MEANING AS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
§ 9. Paragraph 39 of subsection (i) of section 3216 of the insurance
law, as added by chapter 553 of the laws of 2024, subparagraph (A) as
amended by chapter 81 of the laws of 2025, is amended to read as
follows:
(39) (A) Every insurer issuing a policy of accident and health insur-
ance delivered or issued for delivery in this state which provides major
medical or similar comprehensive-type coverage and provides coverage for
S. 7807--A 7
prescription drugs shall include coverage for medically necessary
epinephrine [auto-injector] devices for the emergency treatment of life-
threatening allergic reactions. Such coverage may be subject to annual
deductibles and coinsurance as may be deemed appropriate by the super-
intendent; provided however, the total amount that an insured is
required to pay out-of-pocket for such devices shall be capped at an
amount not to exceed one hundred dollars annually regardless of the
insured's deductible, copayment, coinsurance or any other cost-sharing
requirement. If under federal law, application of the annual cap would
result in health savings account ineligibility under 26 USC 223, such
coverage may be subject to the plan's annual deductible, except for with
respect to items or services that are preventive care pursuant to 26 USC
223(c)(2)(C), in which case the requirements of this paragraph shall
apply regardless of whether the minimum deductible under 26 USC 223 has
been satisfied.
(B) For the purposes of this paragraph, "epinephrine [auto-injector]
device" shall have the same meaning as provided in paragraph (b) of
subdivision one of section three thousand-c of the public health law.
§ 10. Paragraph 23 of subsection (k) of section 3221 of the insurance
law, as added by chapter 553 of the laws of 2024, subparagraph (A) as
amended by chapter 81 of the laws of 2025, is amended to read as
follows:
(23) (A) Every group or blanket policy of accident and health insur-
ance delivered or issued for delivery in this state which provides major
medical or similar comprehensive-type coverage and provides coverage for
prescription drugs shall provide coverage for medically necessary
epinephrine [auto-injector] devices for the emergency treatment of life-
threatening allergic reactions. Such coverage may be subject to annual
deductibles and coinsurance as may be deemed appropriate by the super-
intendent; provided however, the total amount that an insured is
required to pay out-of-pocket for such devices shall be capped at an
amount not to exceed one hundred dollars annually regardless of the
insured's deductible, copayment, coinsurance or any other cost-sharing
requirement. If under federal law, application of the annual cap would
result in health savings account ineligibility under 26 USC 223, such
coverage may be subject to the plan's annual deductible, except for with
respect to items or services that are preventive care pursuant to 26 USC
223(c)(2)(C), in which case the requirements of this paragraph shall
apply regardless of whether the minimum deductible under 26 USC 223 has
been satisfied.
(B) For the purposes of this paragraph, "epinephrine [auto-injector]
device" shall have the same meaning as provided in paragraph (b) of
subdivision one of section three thousand-c of the public health law.
§ 11. Subsection (vv) of section 4303 of the insurance law, as added
by chapter 553 of the laws of 2024, subparagraph 1 as amended by chapter
81 of the laws of 2025, is amended to read as follows:
(vv) (1) Every medical expense indemnity corporation, hospital service
corporation and health service corporation which provides major medical
or similar comprehensive-type coverage and provides coverage for
prescription drugs shall provide coverage for medically necessary
epinephrine [auto-injector] devices for the emergency treatment of life-
threatening allergic reactions. Such coverage may be subject to annual
deductibles and coinsurance as may be deemed appropriate by the super-
intendent; provided however, the total amount that an insured is
required to pay out-of-pocket for such devices shall be capped at an
amount not to exceed one hundred dollars annually regardless of the
S. 7807--A 8
insured's deductible, copayment, coinsurance or any other cost-sharing
requirement. If under federal law, application of the annual cap would
result in health savings account ineligibility under 26 USC 223, such
coverage may be subject to the plan's annual deductible, except for with
respect to items or services that are preventive care pursuant to 26 USC
223(c)(2)(C), in which case the requirements of this paragraph shall
apply regardless of whether the minimum deductible under 26 USC 223 has
been satisfied.
(2) For the purposes of this subsection, "epinephrine [auto-injector]
device" shall have the same meaning as provided in paragraph (b) of
subdivision one of section three thousand-c of the public health law.
§ 12. This act shall take effect immediately; provided, however, that
sections two and four of this act shall take effect on the same date and
in the same manner as chapter 461 of the laws of 2024, as amended, takes
effect; provided further that sections nine, ten and eleven of this act
shall take effect on the same date and in the same manner as chapter 553
of the laws of 2024 takes effect.Every fact on this page links to its source, starting with the official bill record.