S T A T E   O F   N E W   Y O R K
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                                  4469

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M.  of A. GABRYSZAK, WEISENBERG, CASTRO -- read once and
  referred to the Committee on Education

AN ACT to amend the education law, in relation to requiring training  in
  cardiopulmonary  resuscitation  and  in  the use of automated external
  defibrillators for new certification and re-certification as a school-
  teacher

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  3004 of the education law is amended by adding a
new subdivision 7 to read as follows:
  7. A. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  THE  COMMISSIONER
SHALL  PRESCRIBE  REGULATIONS REQUIRING THAT ALL PERSONS APPLYING, ON OR
AFTER JULY FIRST, TWO THOUSAND ELEVEN, FOR A CERTIFICATE OR  LICENSE  TO
BE A TEACHER SHALL, IN ADDITION TO ALL THE OTHER CERTIFICATION OR LICEN-
SURE  REQUIREMENTS,  HAVE COMPLETED ADEQUATE TRAINING IN CARDIOPULMONARY
RESUSCITATION (CPR) AND IN THE USE OF AUTOMATED EXTERNAL  DEFIBRILLATORS
(AED).  THE  TRAINING  SHALL BE OBTAINED FROM AN INSTITUTION OR PROVIDER
WHICH HAS BEEN APPROVED BY THE DEPARTMENT TO PROVIDE SUCH TRAINING. EACH
APPLICANT SHALL PROVIDE THE DEPARTMENT WITH DOCUMENTATION  SHOWING  THAT
HE OR SHE HAS COMPLETED SUCH REQUIRED TRAINING.
  B.  THE COMMISSIONER SHALL PRESCRIBE REGULATIONS REQUIRING ALL SCHOOLS
TO ENSURE THAT ANY PERSON EMPLOYED AS A  TEACHER  AT  SUCH  SCHOOL,  WHO
RECEIVED  CERTIFICATION  OR  A LICENSE TO TEACH PRIOR TO JULY FIRST, TWO
THOUSAND ELEVEN, SHALL HAVE COMPLETED ADEQUATE TRAINING IN  CARDIOPULMO-
NARY  RESUSCITATION  AND IN THE USE OF AUTOMATED EXTERNAL DEFIBRILLATORS
WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
  C. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL,  SPECIAL
OR  LOCAL  LAW,  ANY  LICENSED  OR CERTIFIED TEACHER WHO VOLUNTARILY AND
WITHOUT THE EXPECTATION OF MONETARY COMPENSATION RENDERS CARDIOPULMONARY
RESUSCITATION OR USES AN  AUTOMATED  EXTERNAL  DEFIBRILLATOR  ON  SCHOOL
PROPERTY, ON A PERSON WHO IS CHOKING OR IN DISTRESS, UNCONSCIOUS, ILL OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07613-01-1
              

A. 4469                             2

INJURED,  SHALL  NOT  BE LIABLE FOR DAMAGES FOR INJURIES ALLEGED TO HAVE
BEEN SUSTAINED BY SUCH PERSON OR FOR  DAMAGES  FOR  THE  DEATH  OF  SUCH
PERSON  ALLEGED  TO HAVE OCCURRED BY REASON OF AN ACT OR OMISSION IN THE
RENDERING  OF  SUCH CARDIOPULMONARY RESUSCITATION OR THE USE OF AN AUTO-
MATED EXTERNAL DEFIBRILLATOR, UNLESS IT IS ESTABLISHED THAT  SUCH  INJU-
RIES  WERE  OR  SUCH  DEATH WAS CAUSED BY NEGLIGENCE ON THE PART OF SUCH
TEACHER.
  S 2. This act shall take effect immediately.