S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    366
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 6, 2023
                                ___________
 
 Introduced  by  M.  of A. OTIS, WALLACE, BURKE, McMAHON, HUNTER, THIELE,
   BURDICK, CRUZ -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation  to  requiring  camps
   and youth leagues to have automated external defibrillators
 
   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-f to read as follows:
   §  3000-F.  AUTOMATED EXTERNAL DEFIBRILLATOR; CAMPS AND YOUTH LEAGUES.
 1. DEFINITIONS.  AS USED IN THIS SECTION,  UNLESS  THE  CONTEXT  CLEARLY
 REQUIRES OTHERWISE, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
   (A)   "AUTOMATED  EXTERNAL  DEFIBRILLATOR"  MEANS  A  MEDICAL  DEVICE,
 APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION, THAT: (I) IS
 CAPABLE OF RECOGNIZING THE PRESENCE OR ABSENCE IN A PATIENT OF VENTRICU-
 LAR FIBRILLATION AND RAPID VENTRICULAR TACHYCARDIA; (II) IS  CAPABLE  OF
 DETERMINING, WITHOUT INTERVENTION BY AN OPERATOR, WHETHER DEFIBRILLATION
 SHOULD  BE PERFORMED ON A PATIENT; (III) UPON DETERMINING THAT DEFIBRIL-
 LATION SHOULD BE PERFORMED, AUTOMATICALLY CHARGES AND REQUESTS  DELIVERY
 OF  AN  ELECTRICAL  IMPULSE  TO  A  PATIENT'S HEART; AND (IV) THEN, UPON
 ACTION BY AN OPERATOR, DELIVERS AN APPROPRIATE ELECTRICAL IMPULSE  TO  A
 PATIENT'S HEART TO PERFORM DEFIBRILLATION.
   (B)  "TRAINING  COURSE" MEANS A COURSE APPROVED BY A NATIONALLY-RECOG-
 NIZED ORGANIZATION OR THE STATE EMERGENCY MEDICAL  SERVICES  COUNCIL  IN
 THE OPERATION OF AUTOMATED EXTERNAL DEFIBRILLATORS.
   (C) "NATIONALLY-RECOGNIZED ORGANIZATION" MEANS A NATIONAL ORGANIZATION
 APPROVED  BY THE DEPARTMENT FOR THE PURPOSE OF TRAINING PEOPLE IN USE OF
 AN AUTOMATED EXTERNAL DEFIBRILLATOR.
   (D) "CAMP" MEANS A CHILDREN'S OVERNIGHT  CAMP,  SUMMER  DAY  CAMP,  OR
 TRAVELING  SUMMER DAY CAMP AS SUCH TERMS ARE DEFINED IN SECTION THIRTEEN
 HUNDRED NINETY-TWO OF THIS CHAPTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02973-01-3
 A. 366                              2
              

 
   (E) "YOUTH LEAGUE" MEANS YOUTH RECREATION SPORTS  LEAGUES  OTHER  THAN
 THE  PUBLIC  SCHOOL  LEAGUES,  INCLUDING SCHOOL LEAGUES, LITTLE LEAGUES,
 COMMUNITY BASED ORGANIZATION LEAGUES, AND UNAFFILIATED LEAGUES.
   (F)  "YOUTH  RECREATION" MEANS ATHLETIC ACTIVITY WITH PARTICIPANTS WHO
 ARE ALL SEVENTEEN YEARS OLD OR YOUNGER AND SHALL  INCLUDE  GRADE  SCHOOL
 THROUGH  HIGH  SCHOOL  ATHLETIC  PROGRAMS  REGARDLESS  OF THE AGE OF THE
 PARTICIPANTS.
   2. A CAMP OR YOUTH LEAGUE SHALL:
   (A) MAKE AVAILABLE AN AUTOMATED EXTERNAL DEFIBRILLATOR AT EVERY  CAMP,
 GAME AND PRACTICE; AND
   (B)  ENSURE  THAT  THERE  IS  AT LEAST ONE EMPLOYEE, VOLUNTEER, COACH,
 UMPIRE OR OTHER QUALIFIED ADULT WHO IS PRESENT AT EACH SUCH  CAMP,  GAME
 AND  PRACTICE  WHO  HAS  SUCCESSFULLY COMPLETED A TRAINING COURSE WITHIN
 TWENTY-FOUR MONTHS OF EACH SUCH CAMP SESSION, GAME AND PRACTICE.
   3. (A) NO PERMITS OR OTHER CERTIFICATIONS  SHALL  BE  ISSUED  FOR  THE
 OPERATION  OF  ANY CAMP OR FOR THE USE OF ANY PUBLIC FACILITY, INCLUDING
 PARKS AND RECREATIONAL FACILITIES OWNED BY THE STATE OR A  MUNICIPALITY,
 BY  A  YOUTH  LEAGUE  UNLESS SUCH CAMP OR YOUTH LEAGUE CERTIFIES THAT IT
 WILL COMPLY WITH PARAGRAPH (B) OF SUBDIVISION TWO OF  THIS  SECTION  FOR
 THE  DURATION  OF  THE  SEASON  FOR WHICH THE PERMIT OR CERTIFICATION IS
 SOUGHT.
   (B) EACH  CAMP  AND  YOUTH  LEAGUE  SHALL  MAINTAIN  RECORDS  THAT  IT
 POSSESSES  A  SUFFICIENT  NUMBER OF AUTOMATED EXTERNAL DEFIBRILLATORS TO
 MEET THE REQUIREMENTS OF  PARAGRAPH  (B)  OF  SUBDIVISION  TWO  OF  THIS
 SECTION  FOR  THREE  YEARS  FROM  THE DATE SUCH CAMP LEAGUE RECEIVES THE
 PERMIT OR CERTIFICATION THAT WAS THE SUBJECT OF THE APPLICATION.
   (C) ANY PERSON WHO VOLUNTARILY AND  WITHOUT  EXPECTATION  OF  MONETARY
 COMPENSATION RENDERS FIRST AID OR EMERGENCY TREATMENT USING AN AUTOMATED
 EXTERNAL  DEFIBRILLATOR  THAT  HAS  BEEN MADE AVAILABLE PURSUANT TO THIS
 SECTION, TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED, AND  ANY  INDI-
 VIDUAL OR ENTITY THAT PURCHASES OR MAKES AVAILABLE AN AUTOMATED EXTERNAL
 DEFIBRILLATOR AS REQUIRED BY THIS SECTION, IS ENTITLED TO THE LIMITATION
 OF LIABILITY PROVIDED IN SECTION THREE THOUSAND-A OF THIS ARTICLE.
   4.  (A)  NOTHING  CONTAINED  IN THIS SECTION IMPOSES ANY DUTY OR OBLI-
 GATION ON ANY PERSON TO PROVIDE ASSISTANCE WITH  AN  AUTOMATED  EXTERNAL
 DEFIBRILLATOR TO A VICTIM OF A MEDICAL EMERGENCY.
   (B)  NOTHING  CONTAINED  IN  THIS  SECTION  AFFECTS THE OBLIGATIONS OR
 LIABILITY OF EMERGENCY HEALTH PROVIDERS PURSUANT TO SECTION THREE  THOU-
 SAND-B OF THIS ARTICLE.
   5.  (A) ANY CAMP OR YOUTH LEAGUE THAT VIOLATES THE PROVISIONS OF PARA-
 GRAPH (B) OF SUBDIVISION TWO OR PARAGRAPH (B) OF  SUBDIVISION  THREE  OF
 THIS  SECTION SHALL RECEIVE A WARNING FOR A FIRST VIOLATION AND SHALL BE
 LIABLE FOR A CIVIL PENALTY OF ONE THOUSAND DOLLARS FOR  EACH  SUBSEQUENT
 VIOLATION.
   (B)  NO  PERMIT  OR CERTIFICATION SHALL BE ISSUED TO ANY CAMP OR YOUTH
 LEAGUE THAT HAS A PAST DUE OUTSTANDING PENALTY FOR  A  VIOLATION  ISSUED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   6. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO PROMULGATE ANY RULES
 AS  MAY  BE NECESSARY FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF
 THIS SECTION.
   § 2. This act shall take effect immediately.