Requires every assisted living facility to have at least one automated external defibrillator on the premises and have in attendance at all times, at least one individual certified in CPR.
TITLE OF BILL: An act to amend the public health law, in relation to automated external defibrillator requirements
PURPOSE OR GENERAL IDEA OF BILL: To require automated external defibrillators (AEDs) at assisted living facilities.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill adds a new subdivision 9 to § 4656 of the Public Health Law requiring assisted living facilities to have AEDs.
Section 2 of the bill is the effective date.
JUSTIFICATION: It is the policy of some assisted living facilities to refrain from administering first aid or CPR to a stricken resident until an ambulance or paramedics arrive at the facility. This bill is necessary to require assisted living facilities to treat unwell residents prior to the arrival of an ambulance, thereby saving lives.
PRIOR LEGISLATIVE HISTORY: 2011/12: S. 4411 Aging Committee 2010: S.3677 Aging Cmte./Notice of Committee Consideration Requested; Reported and Committed to Codes Cmte. 2009: S.3677 2008: S.8034 Aging Cmte.
FISCAL IMPLICATIONS: None to state or local government.
EFFECTIVE DATE: This bill takes effect on the one hundred eightieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 3455 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Aging AN ACT to amend the public health law, in relation to automated external defibrillator requirements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 4656 of the public health law, as added by chapter 2 of the laws of 2004, is amended by adding a new subdivision 9 to read as follows: 9. (A) EVERY ASSISTED LIVING FACILITY LICENSED UNDER THIS ARTICLE SHALL HAVE ON THE PREMISES AT LEAST ONE AUTOMATED EXTERNAL DEFIBRILLA- TOR, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-B OF THIS CHAPTER, AND SHALL HAVE IN ATTENDANCE AT ALL TIMES 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 AUTOMATED EXTERNAL DEFIBRILLA- TORS AND A VALID CERTIFICATION OF THE COMPLETION OF A COURSE IN THE TRAINING OF CARDIOPULMONARY RESUSCITATION PROVIDED BY A NATIONALLY RECOGNIZED ORGANIZATION OR ASSOCIATION. THE COMMISSIONER SHALL PROMUL- GATE REGULATIONS TO DETERMINE THE QUANTITY AND TYPE DEEMED TO BE ADEQUATE TO ENSURE READY AND APPROPRIATE ACCESS FOR USE DURING EMERGEN- CIES TAKING INTO ACCOUNT THE SIZE AND OCCUPANCY OF EACH FACILITY AND ANY OTHER MATTER DEEMED NECESSARY BY THE COMMISSIONER TO EFFECTUATE THE DUTY PRESCRIBED BY THIS SUBDIVISION. SUCH REGULATIONS SHALL ALSO PROVIDE FOR A PHASE-IN SCHEDULE OF THE DUTY CREATED BY THIS SUBDIVISION. (B) ASSISTED LIVING FACILITIES AND STAFF PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE DEEMED A "PUBLIC ACCESS DEFIBRILLATION PROVID- ER" AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-B OF THIS CHAPTER AND SHALL BE SUBJECT TO THE REQUIREMENTS AND LIMITATION OF SUCH SECTION.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08643-01-3 S. 3455 2
(C) 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 COMPEN- SATION RENDERS EMERGENCY MEDICAL OR FIRST AID TREATMENT USING AN AUTO- MATED EXTERNAL DEFIBRILLATOR 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. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.