S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4720
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Health
 
 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-
 ER" AS DEFINED IN PARAGRAPH (C) OF  SUBDIVISION  ONE  OF  SECTION  THREE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09051-01-9

 A. 4720                             2
 
 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.