Bill S4736-2013

Requires all assisted living facilities to have a defibrillator and perform CPR

Requires all assisted living facilities to have a defibrillator, requires that at least two persons on each shift at assisted living facilities be trained in CPR, requires that CPR must be performed when needed and provides that anyone who in good faith performs CPR will be exempt from any liability.

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  • Jan 8, 2014: REFERRED TO HEALTH
  • Apr 19, 2013: REFERRED TO HEALTH

Memo

BILL NUMBER:S4736

TITLE OF BILL: An act to amend the public health law, in relation to requiring all assisted living facilities to have a defibrillator, requiring that at least two persons on each shift at assisted living facilities be trained in CPR, requiring that CPR must be performed when needed and providing that anyone who in good faith performs CPR will be exempt from any liability

PURPOSE:

Requires all assisted living facilities to have defibrillator and perform CPR.

SUMMARY OF PROVISIONS:

Section One of the bill is amended by adding a new section 3000-e.

Each assisted living residence shall be equipped with and maintain automated external defibrillators. The owners or operators of such assisted living residence shall provide such automated external defibrillators in quantities deemed necessary by the commissioner. Such equipment shall be ready accessible for use during medical emergencies. Any information deemed necessary by the commissioner shall accompany such equipment.

A minimum of two employees on each work shift at an assisted living facility shall be trained in CPR and in use of the facility defibrillators by a nationally recognized organization. CPR measures shall be taken in every instance when they are warranted; provided, however, that no such measures has previously filled a validly-executed "do not resuscitate", whether incorporated in a living will or not, order with the assisted living facility.

Any person in good faith performs CPR pursuant to these provisions shall be exempt from any civil or criminal liability arising from his or her actions in performing the CPR/

EXISTING LAW:

JUSTIFICATION:

Each assisted living residence in the State of New York should be equipped with and maintain automated external defibrillators. The owners or operators of such assisted living residence shall provide such automated external defibrillators in quantities deemed necessary by the New York State Commissioner of Health and it is logical that such life-saving equipment be ready and accessible for use during medical emergencies.

Further, a minimum of two employees on each work shift at an assisted living facility should be trained in CPR and in use of the facility defibrillators by a nationally recognized organization. CPR measures shall be taken in every instance when they are warranted; provided, however, that no such measures has previously filled a validly-executed "do not resuscitate", whether incorporated in a living will or not, order with the assisted living facility.

Any person in good faith performs CPR pursuant to these provisions shall be exempt from any civil or criminal liability arising from his or her actions in performing the CPR.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Minimal

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it shall have become a law, provided however that effective immediately, the addition and amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 4736 2013-2014 Regular Sessions IN SENATE April 19, 2013 ___________
Introduced by Sen. HOYLMAN -- 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 requiring all assisted living facilities to have a defibrillator, requiring that at least two persons on each shift at assisted living facilities be trained in CPR, requiring that CPR must be performed when needed and providing that anyone who in good faith performs CPR will be exempt from any liability THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 3000-e to read as follows: S 3000-E. AUTOMATED EXTERNAL DEFIBRILLATORS; ASSISTED LIVING RESI- DENCE. 1. EACH ASSISTED LIVING RESIDENCE, AS DEFINED IN SECTION FORTY-SIX HUNDRED FIFTY-ONE OF THIS CHAPTER, SHALL BE EQUIPPED WITH AND MAINTAIN AUTOMATED EXTERNAL DEFIBRILLATORS AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-B OF THIS ARTICLE. THE OWNERS OR OPERATORS OF SUCH ASSISTED LIVING RESIDENCE SHALL PROVIDE SUCH AUTOMATED EXTERNAL DEFIBRILLATORS IN QUANTITIES DEEMED NECESSARY BY THE COMMISSIONER. SUCH EQUIPMENT SHALL BE READILY ACCESSIBLE FOR USE DURING MEDICAL EMERGENCIES. ANY INFORMATION DEEMED NECESSARY BY THE COMMISSION- ER SHALL ACCOMPANY SUCH EQUIPMENT. 2. A MINIMUM OF TWO EMPLOYEES ON EACH WORK SHIFT AT AN ASSISTED LIVING FACILITY SHALL BE TRAINED IN CARDIOPULMONARY RESUSCITATION (CPR) AND IN THE USE OF THE FACILITY DEFIBRILLATORS BY A NATIONALLY-RECOGNIZED ORGAN- IZATION, AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-B OF THIS ARTICLE. CARDIOPULMONARY RESUSCITATION (CPR) MEASURES SHALL BE TAKEN IN EVERY INSTANCE WHEN THEY ARE WARRANTED; PROVIDED, HOWEVER, THAT NO SUCH MEASURES NEED BE TAKEN ON ANY PERSON WHO HAS PREVIOUSLY FILED A VALIDLY-EXECUTED "DO NOT RESUSCITATE", WHETHER INCOR-
PORATED IN A LIVING WILL OR NOT, ORDER WITH THE ASSISTED LIVING FACILI- TY. 3. ANY PERSON WHO, IN GOOD FAITH, PERFORMS CARDIOPULMONARY RESUSCI- TATION (CPR) PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE EXEMPT FROM ANY CIVIL OR CRIMINAL LIABILITY ARISING FROM HIS OR HER ACTIONS IN PERFORMING THE CARDIOPULMONARY RESUSCITATION (CPR). S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

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