EpiPen bill becomes law in Suffolk, but can't be implemented yet

Suffolk County Executive Steve Bellone has signed legislation to put EpiPens in police vehicles, but says it can't take effect until changes are made to a state law that allows officers to administer the potentially life-saving medicine.

The bill that unanimously cleared the county legislature on June 21 directs the 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 July 5.

Bellone says the sticking point is a 2019 state law that he believes has a legal technicality that prevents Suffolk from participating.

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

In a July 7 letter to Suffolk legislators, Bellone, a Democrat, said he had concerns because the state law applies to police officers in a "city, town or village having a population of less than one million."

"Suffolk County is not a 'city, town or village' and it has a population of more than one million," Bellone said. "Therefore, the NYS Public Health Law does not expressly authorize County police officers to carry and administer EpiPens."

He said he signed the bill "with the assurance and understanding from the Suffolk County Legislature" that the policy won't be implemented until the state law is amended, which lawmakers said would probably not happen before the State Legislature reconvenes next January.

They said the law does not prevent the county from moving forward but will draft an amendment anyway.

"I don't believe we need to do this," said State Sen. Dean Murray (R-East Patchogue), who is working with the law's sponsor, State Sen. Julia Salazar (D-Brooklyn). "It is frustrating, but we'll do whatever we have to do to get this done."

Bellone said he would coordinate with Gov. Kathy Hochul's office and the State Legislature on an amendment. He said he is directing the police department's medical director and the director of the county's EMS division "to examine this matter, evaluate any potential gaps in service delivery, identify all practical obstacles and provide recommendations required for implementation."

Legis. Dominick Thorne (R-Patchogue), who sponsored the Suffolk bill, said he supports an amendment but "We don't believe we're in violation." 

"Let's make sure we have all our i's dotted and t's crossed, because this is a very important, life-saving law we're putting in," Thorne said.

Attorneys who advised the county legislature on the bill said they did not believe it conflicted with state law, according to Thorne, but their views were not in agreement with attorneys who advise Bellone.

The legislation has the support of the Suffolk Police Benevolent Association, with nearly all patrol officers trained to administer EpiPens, said Lou Civello, second vice president of the association.

Suffolk is talking with a local hospital system to fund the first year of the program, expected to cost $69,000 annually, Thorne said.

Majority Republicans in the Nassau County Legislature have filed a bill similar to Suffolk's. County Executive Bruce Blakeman, a Republican, had not reviewed it as of last week and planned to consult with the police department, unions and health commissioner before taking a position, a spokesman said.

With Vera Chinese

By Scott Eidler

scott.eidler@newsday.com@ScottEidler

Scott Eidler is a deputy editor for the towns department at Newsday. Scott has worked at Newsday since 2012 and previously covered municipal government and education.