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

                                 5957--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2013
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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  EMPLOYEE  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)  IN  NO  INSTANCE  SHALL  AN  AUTOMATED  EXTERNAL DEFIBRILLATOR BE
UTILIZED OR CARDIOPULMONARY RESUSCITATION BE PERFORMED  ON  AN  ASSISTED
LIVING  RESIDENT  WHO  HAS VALIDLY EXECUTED AN ORDER NOT TO RESUSCITATE,
WHICH IS ON FILE WITH THE FACILITY.
  (C) ASSISTED LIVING FACILITIES AND STAFF PURSUANT TO PARAGRAPH (A)  OF
THIS SUBDIVISION SHALL BE DEEMED A "PUBLIC ACCESS DEFIBRILLATION PROVID-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08643-02-3
              

A. 5957--A                          2

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
LIMITATIONS OF SUCH SECTION.
  (D) 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, RENDERS EMERGENCY MEDICAL OR FIRST AID TREATMENT USING AN
AUTOMATED 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.