Suffolk EpiPen bill faces questions as Nassau files similar legislation

A Suffolk County bill to stock EpiPens in police cruisers remained in limbo over questions on a legal technicality as Nassau lawmakers filed similar legislation this week.

The bill that unanimously cleared the Suffolk County Legislature on June 21 directs the county police commissioner to stock all patrol cars with epinephrine auto-injectors, a drug commonly referred to by the brand name EpiPen. The device delivers a dose of epinephrine to a person having a severe allergic reaction and can relax airway muscles and raise blood pressure to reverse the effects.

Nassau lawmakers introduced nearly identical legislation Wednesday.

Both bills come four years after a state law that allows local police and firefighters to administer and carry EpiPens. "Gio's Law" is named for Giovanni Cipriano, a Long Island teenager who died from an allergic reaction to a peanut in 2013.

Suffolk County Executive Steve Bellone said Thursday he has not read the bill and does not have a position on it. He said he expects to receive the legislation in the next few days. If he doesn't sign or veto it by July 12, the bill automatically becomes law.

"This is a critically important issue and I know people are personally impacted," Bellone said.

A spokesman for Nassau County Executive Bruce Blakeman said he had not reviewed the legislation.

EpiPen legislation in other locations has faced questions over liability, training and funding issues. Legis. Dominick Thorne (R-Patchogue), who sponsored the Suffolk bill, said Wednesday that attorneys for Bellone's administration had raised concerns over language in New York's law that could prevent the county from moving forward.

The law says it applies to “firefighters, police officers and peace officers in cities, towns or villages having a population of less than one million.” Suffolk’s population is about 1.5 million, while Nassau’s is about 1.4 million.

Other attorneys who advise the county legislature did not believe the language prevents Suffolk from expanding EpiPens to police, Thorne said.

Thorne, a former EMS provider, said the procedure requires removing a cap, placing the injector against someone’s thigh and pressing a button.

“These are the same pens we give 16-year-old camp counselors,” Thorne said. “We can store these … with our outstanding men and women in law enforcement and be ready for an emergency.”

The Suffolk Police Benevolent Association has said it supports the program. Nearly all patrol officers have EMS certification and are already trained to administer the drug, according to Lou Civello, second vice president of the association. 

The state law does not include funding for EpiPens. The county is talking with a local hospital system to fund the first year of the program, expected to cost $69,000 annually, Thorne said.

Nassau County's bill, co-sponsored by all 12 members of the Republican majority, states that "Police officers are trained first responders who regularly respond to life-threatening emergencies, administer aid to those who are injured or ill, and secure scenes to ensure that individuals who require emergency assistance receive optimal care."

“Therefore [they] can be relied upon to correctly administer epinephrine auto-injectors when necessary," according to the bill.

Blakeman spokesman Chris Boyle said his administration "will consult with the police department, unions, and the health commissioner regarding the efficacy of such a proposal."

A Nassau police department spokesman who declined comment last week did not offer further comment Thursday. Nassau's largest police union, the Police Benevolent Association, did not respond to requests, and the health commissioner could not be reached.

State Sen. Julia Salazar (D-Brooklyn), who sponsored Gio’s Law, said it excludes New York City at the request of the city's fire department. She said she did not intend for the legislation to single out Suffolk or Nassau, the only municipalities in the state with populations greater than one million outside of New York City.

“I would fully support changing state law to clarify and ensure that Suffolk County and the municipalities within Suffolk County can implement this use of epi-pens,” she said in a statement.

State Sen. Dean Murray (R-East Patchogue) said he does not believe the law prevents counties from participating. He said he would work to amend the legislation if it's vetoed at the county level.

“All it would take is a tweak in the language,” Murray said. “We would literally just change it from a population of 1 million plus to 2 million. That's how simple it would be.”

With Scott Eidler and John Asbury

By Vera Chinese

vera.chinese@newsday.com@VeraChinese

Vera Chinese joined Newsday in 2017 after working as an editor for the East End lifestyle publication northforker and a general assignment reporter for the New York Daily News.