New York AED Laws

(a) Notwithstanding the provisions of paragraph (r) of subdivision five of this section, the sanitary code shall provide that each place of public assembly shall provide and maintain onsite automated external defibrillators (AED), as defined in paragraph (a) of subdivision one of section three thousand-b of this chapter, in quantities 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 (a) of subdivision three of section three thousand-b of this chapter, in the operation and use of an AED.

(c) For the purposes of this subdivision places of public assembly shall be 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, theatres, indoor and outdoor amphitheatres or other auditoriums used for the presentation of musical renditions or concerts. Places of public assembly 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 limitations of section three thousand-b of this chapter.

(e) Pursuant to sections three thousand-a and three thousand-b of this chapter, any public access defibrillation 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 AED which has been made available 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 political subdivision of the state from continuing to implement and enforce any local law or regulation related to the placement of automated external defibrillators 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 subdivision repeals its local law.

1. Except as provided in section 6611(6), section 6527(2), section 6909(1), section 6547, and section 6737 of the education law, any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency outside a hospital, doctor's office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person. Nothing in this section shall be deemed or construed to relieve a licensed physician, dentist, nurse, physical therapist or registered physician's assistant from liability for damages for injuries or death caused by an act or omission on the part of such person while rendering professional services in the normal and ordinary course of his or her practice.

2. (i) Any person who, or entity, partnership, corporation, firm or society that, purchases, operates, facilitates implementation or makes available resuscitation equipment that facilitates first aid, an automated external defibrillator or an epinephrine auto-injector device as required by or pursuant to law or local law, 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) the emergency health care provider with a collaborative agreement under section three thousand-c of this article with respect to use of an epinephrine auto-injector device, shall not be liable for damages arising either from the use of that equipment by a person who voluntarily and without expectation of monetary 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, partnership's, corporation's, firm's, society's or the emergency health care provider's liability for his, her or its own negligence, gross negligence or intentional misconduct.

(a) "Automated external defibrillator" means a medical device, approved by the United States Food and Drug Administration, that: (i) is capable of recognizing the presence or absence, in a patient, of ventricular fibrillation and rapid ventricular tachycardia; (ii) is capable of determining, without intervention by an operator, whether defibrillation should be performed on the patient; (iii) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to the patient's heart; and (iv) then, upon action by an operator, delivers an appropriate electrical impulse to the patient's heart to perform defibrillation.

(b) "Emergency health care provider" means (i) a physician with knowledge and experience in the delivery of emergency cardiac care; or (ii) a hospital licensed under article twenty-eight of this chapter that provides emergency cardiac care.

(c) "Public access defibrillation provider" means a person, firm, organization or other entity possessing or operating an automated external defibrillator pursuant to a collaborative agreement under this section.

(d) "Nationally-recognized organization" means a national organization approved by the department for the purpose of training people in use of an automated external defibrillator.

(a) No person may operate an automated external defibrillator unless the person has successfully completed a training course in the operation of an automated external defibrillator approved by a nationally-recognized organization or the state emergency medical services council. However, this section shall not prohibit operation of an automated external defibrillator, (i) by a health care practitioner licensed or certified under title VIII of the education law or a person certified under this article acting within his or her lawful scope of practice or (ii) by a person acting pursuant to a lawful prescription; or (iii) by a person who operates the automated external defibrillator other than as part of or incidental to his or her employment or regular duties, who is acting in good faith, with reasonable care, and without expectation of monetary compensation, to provide first aid that includes operation of an automated external defibrillator; nor shall this section limit any good samaritan protections provided in section three thousand-a of this article. 

(b) The public access defibrillation provider shall cause the automated external defibrillator to be maintained and tested according to applicable standards of the manufacturer and any appropriate government agency.

(c) The public access defibrillation provider shall notify the regional council of the existence, location and type of any automated external defibrillator it possesses.

(d) Every use of an automated external defibrillator on a patient shall be immediately reported to the appropriate local emergency medical services system, emergency communications center or emergency vehicle dispatch center as appropriate and promptly reported to the emergency health care provider.

(e) The emergency health care provider shall participate in the regional quality improvement program pursuant to subdivision one of section three thousand four-a of this article.

(f) The public access defibrillation provider shall post a sign or notice at the main entrance to the facility or building in which the automated external defibrillator is stored, indicating the location where any such automated external defibrillator is stored or maintained in such building or facility on a regular basis.

(a) Operation of an automated external defibrillator pursuant to this section shall be considered first aid or emergency treatment for the purpose of any statute relating to liability.

1. Every health club as defined under paragraph b of subdivision one of section three thousand-d of the public health law whose membership is five hundred persons or more shall have on the premises at least one automated external defibrillator and shall have in attendance, at all times during STAFFED business hours, at least one individual performing employment or individual acting as an authorized volunteer who holds a valid certification of completion of a course in the study of the operation of AEDs and a valid certification of the completion of a course in the training of cardiopulmonary resuscitation provided by a nationally recognized organization or association.

2. Health clubs and staff pursuant to subdivision one of this section shall be deemed a "public access defibrillation provider" as defined in paragraph (c) of subdivision one of section three thousand-b of the public health law and shall be subject to the requirements and limitation of such section.

3. Pursuant to sections three thousand-a and three thousand-b of the public health law, any public access defibrillation 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 AED which has been made available pursuant to this section, to a person who is unconscious, ill or injured, shall be liable only pursuant to section three thousand-a of the public health law.

1. It shall be the duty of each superintendent or chief executive officer of each of the public institutions and buildings of the state, supported wholly or partly by the funds of the state, to provide that the following regulations for the protection of the inmates of said buildings and the buildings be complied with: There shall be provided a sufficient number of stand-pipes, with connections or outlets on each floor, and sufficient fire hose to properly protect the entire floor surface. Sufficient portable fire extinguishers shall be provided on each floor of each building to provide adequate fire protection. All fire hose shall be inspected under the direction of the engineer at least once every six months and shall be maintained at all times in proper condition. On each floor of every public building having two or more stories where the rooms are connected by an interior hallway, there shall be posted by each stairway, elevator or other means of egress, a printed scale floor plan of that particular story, which shall show all means of egress, clearly labeling those to be used in case of fire. Such posted floor plan shall clearly indicate exits which would be accessible for a person having a disability, as such term is defined in subdivision twenty-one of section two hundred ninety-two of the executive law. Such floor plan shall be posted in at least two other conspicuous areas through the building. Said floor plan shall be no smaller than eight inches by ten inches and shall be posted in such a manner that it cannot be readily removed. Unless exit doors at floor level are provided at fire escapes suitable steps must be provided under other openings used as exits to fire escapes which are not at floor level. Painters' supplies and inflammable liquids of all kinds must not be stored in buildings occupied by wards of the state or employees. All attics and basements must be constantly kept free from rubbish or articles not necessary to the proper conduct of the institution or building, and must be regularly swept, cleaned and all broken or needless articles promptly removed.

2. Subject to regulations promulgated pursuant to this subdivision, it shall be an additional duty of each such superintendent or chief executive officer of each of the public institutions and buildings of the state to equip each such building with an automated external defibrillator. The commissioner of general services shall promulgate regulations providing for a phase-in schedule of the duty created by this section. Such regulations shall address the appropriate number of automated external defibrillators for such buildings, based on the size or occupancy of the buildings; the training of personnel and use of such automated external defibrillator; and any other matter deemed necessary by such commissioner to effectuate the duty prescribed by this section.

3. The moneys necessary to carry out the provisions of this section shall be supplied from the moneys annually appropriated for the maintenance of the above described institutions.

10. Beginning January first, two thousand nine, each dentist shall become certified in cardiopulmonary resuscitation (CPR) from an approved provider and thereafter maintain current certification, which shall be included in the mandatory hours of continuing education acceptable for dentists to the extent provided in the commissioner's regulations. In the event the dentist cannot physically perform CPR, the commissioner's regulations shall allow the dentist to make arrangements for another individual in the office to administer CPR. ALL DENTAL FACILITIES SHALL HAVE AN AUTOMATIC EXTERNAL DEFIBRILLATOR OR OTHER DEFIBRILLATOR AT THE FACILITY. (S 2. This act shall take effect January 1, 2012.)