Requires training in cardiopulmonary resuscitation and in the use of automated external defibrillators for new certification and re-certification as a school teacher.
TITLE OF BILL: An act to amend the education law, in relation to requiring training in cardiopulmonary resuscitation and in the use of automated external defibrillators for new certification and re-certification as a schoolteacher
PURPOSE OR GENERAL IDEA OF BILL:; To require teachers to obtain CPR training as part of their certification and continuing education.
JUSTIFICATION: Cardiopulmonary resuscitation is vital in the survival of a person experiencing a fatal cardiac event. The AED is the only therapy that can correct such a fatal event (other than advanced therapies only administered by doctors and paramedics). Under current requirements, it could take minutes to get the AED and trained personnel to the location of such an event. Studies show that providing CPR until the arrival of electrical therapy (AED), increases the possibility of correcting such cardiac arrthythmia. This is critical in the treatment and survivability of the person.
PRIOR LEGISLATIVE HISTORY: 2010 - This is new legislation.
FISCAL IMPLICATIONS: None, as it is the intent of this legislation to include this training in the already mandated continuing education of all employees holding a teaching certificate.
EFFECTIVE DATE: This act shall take effect immediately after becoming law.
STATE OF NEW YORK ________________________________________________________________________ 1726 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. ESPAILLAT, ADDABBO, KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to requiring training in cardiopulmonary resuscitation and in the use of automated external defibrillators for new certification and re-certification as a school- teacher THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3004 of the education law is amended by adding a new subdivision 7 to read as follows: 7. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL PRESCRIBE REGULATIONS REQUIRING THAT ALL PERSONS APPLYING, ON OR AFTER JULY FIRST, TWO THOUSAND THIRTEEN, FOR A CERTIFICATE OR LICENSE TO BE A TEACHER SHALL, IN ADDITION TO ALL THE OTHER CERTIFICATION OR LICEN- SURE REQUIREMENTS, HAVE COMPLETED ADEQUATE TRAINING IN CARDIOPULMONARY RESUSCITATION (CPR) AND IN THE USE OF AUTOMATED EXTERNAL DEFIBRILLATORS (AED). THE TRAINING SHALL BE OBTAINED FROM AN INSTITUTION OR PROVIDER WHICH HAS BEEN APPROVED BY THE DEPARTMENT TO PROVIDE SUCH TRAINING. EACH APPLICANT SHALL PROVIDE THE DEPARTMENT WITH DOCUMENTATION SHOWING THAT HE OR SHE HAS COMPLETED SUCH REQUIRED TRAINING. B. THE COMMISSIONER SHALL PRESCRIBE REGULATIONS REQUIRING ALL SCHOOLS TO ENSURE THAT ANY PERSON EMPLOYED AS A TEACHER AT SUCH SCHOOL, WHO RECEIVED CERTIFICATION OR A LICENSE TO TEACH PRIOR TO JULY FIRST, TWO THOUSAND THIRTEEN, SHALL HAVE COMPLETED ADEQUATE TRAINING IN CARDIOPUL- MONARY RESUSCITATION AND IN THE USE OF AUTOMATED EXTERNAL DEFIBRILLATORS WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION. C. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL OR LOCAL LAW, ANY LICENSED OR CERTIFIED TEACHER WHO VOLUNTARILY AND WITHOUT THE EXPECTATION OF MONETARY COMPENSATION RENDERS CARDIOPULMONARYEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04981-01-3 S. 1726 2
RESUSCITATION OR USES AN AUTOMATED EXTERNAL DEFIBRILLATOR ON SCHOOL PROPERTY, ON A PERSON WHO IS CHOKING OR IN DISTRESS, 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 CARDIOPULMONARY RESUSCITATION OR THE USE OF AN AUTO- MATED EXTERNAL DEFIBRILLATOR, UNLESS IT IS ESTABLISHED THAT SUCH INJU- RIES WERE OR SUCH DEATH WAS CAUSED BY NEGLIGENCE ON THE PART OF SUCH TEACHER. S 2. This act shall take effect immediately.