S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7013--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Education -- recommitted  to  the  Committee  on  Education  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to  amend the education law, in relation to requiring automated
   external  defibrillator  equipment  to  be  immediately  available  at
   school-sponsored events
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2, 3 and 4 of section 917 of the  education
 law,  as  amended by chapter 61 of the laws of 2002, are amended to read
 as follows:
   1. School districts, boards of cooperative educational services, coun-
 ty vocational education and extension boards and charter  schools  shall
 provide and maintain on-site in each instructional school facility auto-
 mated  external  defibrillator  (AED) equipment, as defined in paragraph
 (a) of subdivision one of section three thousand-b of the public  health
 law,  in quantities and types deemed by the commissioner in consultation
 with the commissioner of health to  be  adequate  to  ensure  ready  and
 appropriate  access  for  use  during emergencies, PROVIDED HOWEVER, AND
 SUCH AED SHALL BE IMMEDIATELY AVAILABLE IN AND AT ALL  SCHOOL  SPONSORED
 EVENTS  INCLUDING  TO  ATHLETIC  COACHING  AND/OR  TRAINING STAFF AT THE
 LOCATION OF  ANY SCHOOL-SPONSORED PRACTICE OR ATHLETIC EVENT.
   2. SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUN-
 TY VOCATIONAL EDUCATION AND EXTENSION BOARDS AND CHARTER  SCHOOLS  SHALL
 DEVELOP  AND  IMPLEMENT A CARDIAC EMERGENCY RESPONSE PLAN THAT ADDRESSES
 THE APPROPRIATE USE OF PERSONNEL TO RESPOND TO INCIDENTS  INVOLVING  ANY
 INDIVIDUAL  EXPERIENCING SUDDEN CARDIAC ARREST OR A SIMILAR LIFE-THREAT-
 ENING EMERGENCY ON ANY SCHOOL SITE OWNED OR OPERATED BY A SCHOOL OR AT A
 LOCATION OF ANY PRACTICE OR ATHLETIC  EVENT.    SUCH  CARDIAC  EMERGENCY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08466-02-4
              

 A. 7013--A                          2
 
 RESPONSE  PLAN  SHALL  INCLUDE  THE  TRAINING  OF  APPROPRIATE PERSONNEL
 INCLUDING BUT NOT LIMITED TO SCHOOL PERSONNEL,  COACHES,  SCHOOL  NURSES
 AND  ATHLETIC TRAINERS.  THE CARDIAC EMERGENCY RESPONSE PLAN SHALL INTE-
 GRATE EVIDENCED BASED CORE ELEMENTS AS RECOMMENDED BY THE AMERICAN HEART
 ASSOCIATION  OR  OTHER  NATIONALLY RECOGNIZED ORGANIZATION THAT PROVIDES
 THE GUIDELINES TRAINING FOR THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLA-
 TOR (AED) AND CARDIOPULMONARY  RESUSCITATION  (CPR)  AND  SHALL  INCLUDE
 PROVISIONS  CONSISTENT  WITH REQUIREMENTS OF A PUBLIC ACCESS DEFIBRILLA-
 TION PROVIDER PURSUANT TO SECTION THREE THOUSAND-A AND THREE  THOUSAND-B
 OF THE PUBLIC HEALTH LAW.
   3.  Whenever  public  school facilities pursuant to subdivision one of
 this section are used for school sponsored or school approved curricular
 or extracurricular events or activities and whenever a  school-sponsored
 athletic  contest  is  held at any location, the public school officials
 and administrators responsible for  such  school  facility  or  athletic
 contest  shall  ensure  the presence of at least one staff person who is
 trained, pursuant to paragraph (a) of subdivision three of section three
 thousand-b of the public health law, in the operation and use of an AED.
 Where a school-sponsored [competitive] PRACTICE  OR  athletic  event  is
 held  at  a  site other than a public school facility, the public school
 officials shall assure that automated external  defibrillator  equipment
 is  provided  on-site  AT THE PRACTICE OR ATHLETIC EVENT AND IMMEDIATELY
 AVAILABLE TO ATHLETIC COACHING AND/OR TRAINING STAFF.
   [3.] 4. Public school facilities and staff  pursuant  to  subdivisions
 one and two of this section shall be deemed a "public access defibrilla-
 tion provider" as defined in paragraph (c) of subdivision one of section
 three  thousand-b  of  the public health law and shall be subject to the
 requirements and limitations of such section.
   [4.] 5. Pursuant to section three thousand-a and three  thousand-b  of
 the public health law, any public access defibrillation provider, or any
 employee  or  other  agent  of  the provider who, in accordance with the
 provisions of this section, voluntarily and without expectation of mone-
 tary compensation renders emergency medical or first aid treatment using
 an AED 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 the public health law.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.