NYS lawmakers require epinephrine auto-injectors at large public venues
Public places with a capacity of at least 1,000 people will have to make available the auto-injectors commonly known as EpiPens. Credit: AP/Rich Pedroncelli
ALBANY — The concern of a Brooklyn high school student for her brother who suffered a severe allergy attack at Yankee Stadium has prompted a measure approved this week by the State Legislature that will require epinephrine auto-injectors at most indoor and outdoor public venues.
The measure, given final legislative approval by the State Senate on Wednesday, requires public places with a capacity of at least 1,000 people to make available the devices, commonly known by the brand name EpiPen.
The government, school or private sponsors of events would have to provide at least one staff person or volunteer trained in using the device, according to the measure.
The facilities subject to the measure are stadiums, ballparks, theaters, gyms, field houses, civic centers, other sport venues, concert and recital halls and amphitheaters. Excluded from the measure are churches and religious organizations, agricultural organizations and libraries.
- The State Legislature has given final approval to a measure that will require epinephrine auto-injectors at most indoor and outdoor public venues.
- The measure requires indoor and outdoor public places with a capacity of at least 1,000 people to make available the devices, commonly known by the brand name EpiPen.
- The facilities subject to the measure are stadiums, ballparks, theaters, gyms, field houses, civic centers, other sport venues, concert and recital halls and amphitheaters.
The measure, which passed with bipartisan support in the Senate and Assembly, awaits Gov. Kathy Hochul’s signature to make it law, or her veto.
The brand EpiPen costs about $650 for a pack of two injectors, but some competitors charge half as much. Insurance, state health programs and manufacturer discounts can further reduce the cost. Low-income patients can receive the injectors free.
The idea for the bill began with Poly Prep Country Day School 11th grader Lucia Zaremba. She and her brother, John, now 13, were watching a Yankees game in 2021 when John suffered severe reaction to a food allergy. He was saved because their mother, Nancy, carried an EpiPen.
“That got me thinking: What would have happened if John didn't have an EpiPen?” Lucia Zaremba said earlier this month at a news event in Albany. “It's scary to say, but I know the answer …. How many people have died because they didn’t have EpiPens?”
The family is careful about John’s food allergies and avoids all known triggers. But the attack at Yankee Stadium was caused by a new allergy. Lucia Zaremba immediately knew how serious the attack was and that she had to act.
“When John was 7, I watched him almost die,” she said. “He looked at my mom …. and said, ‘I don’t want to die.’ ”
After the 2021 attack, Lucia Zaremba embarked on a lobbying campaign to protect more people with severe allergies who may not know they have one, or who simply forget their auto-injector at home. She wrote to and met with state lawmakers and held news conferences.
“Anaphylaxis can be terrifying and deadly,” said Sen. Andrew Gounardes (D-Brooklyn), a sponsor of the bill. “This idea — that places of public assembly, large venues, should ensure EpiPens are accessible to New Yorkers — is a no-brainer.” He said New Yorkers with severe allergies and their families “should not have to live in fear every single time they go out to dinner or to a public event.”
Assembly sponsor Linda Rosenthal (D-Manhattan) said a family member or friend attending a gathering could meet the requirement of the measure, but she said the operator of the space “needs to have that discussion.”
“People with allergies should be able to attend a concert or baseball game and not have to worry if the venue is equipped to protect them,” Rosenthal said. “This bill is the product of Lucia’s advocacy.”
Assemb. Jen Lunsford (D-Rochester) said the measure is needed because not everyone knows they have a severe allergy, and so wouldn’t carry an epinephrine auto-injector.
“It can strike at any age,” Lunsford said. “The training for this isn’t onerous — 911 [emergency operators] talk people through this every day. I think it’s a real lifesaving bill.”
John Zaremba told his school website that he was amazed his sister could spur such action.
“I wish everyone knew how scary it is to have life-threatening allergies,” John said. “I may not show it, but I’m always afraid every time I have a meal I could have a life-threatening allergic reaction. Even going to an arena I’m scared of what I can eat and what I can’t eat.”
Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.