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Meetings

Health: Jan 31, 2011

Calendars

Active List: Feb 14, 2011 , Floor Calendar: Feb 1, 2011 , Floor Calendar: Feb 7, 2011 , Floor Calendar: Feb 8, 2011 , Floor Calendar: Feb 14, 2011

Votes

Memo

BILL NUMBER:S2387

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.

EFFECTIVE DATE:

Immediately.

Text

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