Relates to permitting the possession of external defibrillators 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 by a person acting pursuant to a lawful prescription.
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (2): Duane, Savino
TITLE OF BILL: An act to amend the public health law, in relation to the possession of external defibrillators(AED)
PURPOSE: To allow emergency medical technicians to carry an AED in their personal vehicles at the request of the emergency medical service provider and to ensure that they be equipped to act as an emergency first responder to cardiac emergencies.
SUMMARY OF PROVISIONS: Section 1 amends subparagraph (a) of paragraph (3) section 3000-b of the public health law to add "possession or" to expand the freedom of licensed medical providers to carry and use an AED.
EXISTING LAW: Under current law there is no exception for an EMT to posses and use an AED while off duty without being licensed as an public access defibrillator provider through the establishment of a collaborative agreement as outlined by public health law paragraph (2) section 3000-b.
JUSTIFICATION: Under the current law an emergency medical service provider cannot equip off duty emergency medical technicians with an AED without establishing the technician as a public access defibrillator provider. The current requirements have greatly undermined the ability for these individuals to act as efficiently equipped emergency first responders whom are especially important in rural New York. With cardiovascular disease as a top natural killer of adults, it is imperative that our emergency medical technicians can act as effective first responders for such sensitive crises. In the event of a heart attack or similar cardiovascular emergency the period of time that an individual has to receive treatment before catastrophic damage or even death is incredibly short. Hence, it is of the utmost importance that medical treatment is administered expediently and in many cases an individual first responder can arrive on a scene before anyone else. It logically follows that an emergency medical technician that acts as a first responder while off duty should be equipped with an AED and allowed to carry the AED in their private vehicles.
LEGISLATIVE HISTORY: S.3044 of 2009-10; S.3027 of 2008-08.
FISCAL IMPLICATIONS: None.
STATE OF NEW YORK ________________________________________________________________________ 2387 2011-2012 Regular Sessions IN SENATE January 19, 2011 ___________Introduced by Sens. SEWARD, DeFRANCISCO, HANNON, JOHNSON, LARKIN, O'MARA, RANZENHOFER, SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to the possession of external defibrillators THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 3 of section 3000-b of the public health law, as amended by chapter 243 of the laws of 2010, is amended to read as follows: (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-recog- nized organization or the state emergency medical services council. However, this section shall not prohibit THE POSSESSION OR 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; (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 thou- sand-a of this article. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05746-01-1