S4411-2011 Actions

• Jan 4, 2012: REFERRED TO AGING
• Apr 4, 2011: REFERRED TO AGING

S4411-2011 Memo

BILL NUMBER:S4411

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:

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.

S4411-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4411
 2011-2012 Regular Sessions
 I N  SENATE
 April 4, 2011
 
 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.
 LBD08841-02-1
 
       S. 4411                             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.

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