S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4100--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education  --  recommitted
   to the Committee on Education in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 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.
                                                            LBD08466-03-4
              

 S. 4100--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.