NY State Senate Bill 2023-S8409B

Senate Bill S8409B

2023-2024 Legislative Session

Requires nonpublic schools provide and maintain on-site automatic external defibrillators on school grounds

download bill text pdf

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2024	referred to ways and means returned to assembly repassed senate
May 20, 2024	amended on third reading 8409b
May 20, 2024	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 12, 2024	referred to education delivered to assembly passed senate
Mar 04, 2024	advanced to third reading
Feb 28, 2024	2nd report cal.
Feb 27, 2024	1st report cal.519
Feb 21, 2024	print number 8409a
Feb 21, 2024	amend and recommit to education
Jan 29, 2024	referred to education

Votes

- May 30, 2024 - Floor Vote
  S8409B
  
  57
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 30, 2024
      
      aye (57)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Webb
      
      Weber
      
      Weik
      
      absent (1)
      
      Sanders Jr.
      
      excused (4)
      
      Felder
      
      Myrie
      
      Thomas
      
      Walczyk
  Mar 12, 2024 - Floor Vote
  S8409B
  
  58
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 12, 2024
      
      aye (58)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      absent (1)
      
      Sanders Jr.
      
      excused (4)
      
      Parker
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Walczyk
  Feb 27, 2024 - Education Committee Vote
  S8409B
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: Feb 27, 2024
      
      aye (15)
      
      Addabbo Jr.
      
      Chu
      
      Cleare
      
      Felder
      
      Jackson
      
      Liu
      
      Mannion
      
      Martinez
      
      Mayer
      
      Oberacker
      
      Stavisky
      
      Stec
      
      Tedisco
      
      Weber
      
      Weik

Bill Amendments

Original

B (Active)

2023-S8409 - Details

See Assembly Version of this Bill:: A9331
Current Committee:: Assembly Ways And Means
Law Section:: Education Law
Laws Affected:: Add §917-a, Ed L

2023-S8409 - Summary

Requires nonpublic schools provide and maintain on-site automatic external defibrillator (AED) equipment on school grounds and assure that AED equipment is available for off-site curricular events, extracurricular events or school-sponsored athletic events.

2023-S8409 - Sponsor Memo

                                 
BILL NUMBER: S8409

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring on-site
cardiac automated external defibrillators for nonpublic schools

 
PURPOSE:

This legislation will require all non-public schools to provide and
maintain AEDs in their school facilities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the education law by adding a new section 917-a to
require nonpublic schools to provide and maintain AEDs on-site in each
instructional school facility.

Section 2 sets forth the effective date.

JUSTIFICATION:

More than 357,000 EMS assessed cardiac arrests occur outside of the
hospital each year in the United States. Almost 90* are fatal, but
victims who receive immediate medical attention, including CPR and the
use of an automated external defibrillator (AED), are much more likely
to survive than those who do not. 2 While sudden cardiac arrest is rare
in children, it does occur. And at least a quarter of reported incidents
occur in public places, like schools.2

AEDs are computerized, portable devices that analyze the heart rhythm of
someone experiencing a cardiac arrest and deliver an electric shock to
restore the heart rhythm, when appropriate.3 AEDs are designed to be
used by a layperson; they come with clear instructions and voice prompts
to walk a user through the steps.' And crucially, they can deliver imme-
diate care to someone experiencing a cardiac event, eliminating the need
to wait for EMS to arrive. Combined with CPR, AEDs are lifesaving when
used in the first few minutes after someone experiences a cardiac inci-
dent.5

Current law requires public schools to have AEDs available in school
buildings, but does not extend to non-public schools.6 According to a
national survey of schools, 2 in every 50 schools can expect a cardiac
event to occur each year. Students, teachers, and visitors all stand to
benefit from the availability of AEDs in school buildings, including in
non-public schools. Indeed, the American College of Cardiology advocates
for AEDs in all population dense locations, including in all types of
schools.7

This legislation requires non-public schools to provide and maintain
AEDs in their school facilities. Non-public schools will also have to
ensure an AED is available for all school-sponsored competitive athletic
events that may occur off-site. The bill includes liability protection
and protection from scope of practice claims for individuals who use an
AED in a non-public school in an emergency situation in good faith and
outside of the scope of their normal duties.

 
PRIOR LEGISLATIVE HISTORY:
New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on July 1, 2025.
1 American Heart Association. "A Race Against the Clock:  Out-of-Hospi-
tal Cardiac Arrest." Accessed on Jan 21, 2024 at
https://www.heart.orgNmedia/Files/About-Us/Policv-Research
/Fact-Sheets/Acute-CarejOut-of-Hospital-CardiacArrest.pdf
2 https://www.health.ny.gov/diseases/chronic/sca/
3 Food and Drug Administration. "Automated External Defibrillators."
Accessed on Jan 21, 2024 at https://www.fda.govirnedical-
devicesicardiovascular- devices/autornated-external-defibrillators-aeds
4 American Heart Association. "5 things to know about AEDs after a defi-
brillator helped save Damar Hamlin." Accessed on Jan 21, 2024 at
https://www.heart.orglen/news/2023/01/17/5-things-to-know-about-aeds-aft
er-a-defibrillator-helpedsave-damar-hamlin
5 Food and Drug Administration. "Automated External Defibrillators."
Accessed on Jan 21, 2024 at https://www.fda.govimedical-
deviceskardiovascular-devices/automated-exte rnal-defibrillators-aeds22
6 Chapter 60 of the laws of 2002
7 Katie Glenn. "Requirements for AEDs in U.S. Schools Need Improvement."
American College of Cardiology. Accessed Jan 21, 2024 at
https://www.acc.orgjabout-acc/press-releases/2017/03/27/12/58/requiremen
ts-for-aeds-in-us-schools-needimprovement

2023-S8409 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8409
 
                             I N  S E N A T E
 
                             January 29, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  requiring  on-site
   cardiac automated external defibrillators for nonpublic schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section  917-a
 to read as follows:
   § 917-A. ON-SITE CARDIAC AUTOMATED EXTERNAL DEFIBRILLATOR IN NONPUBLIC
 SCHOOLS. 1. NONPUBLIC SCHOOLS SHALL PROVIDE AND MAINTAIN ON-SITE IN EACH
 INSTRUCTIONAL  SCHOOL  FACILITY  AUTOMATED  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.  NONPUBLIC SCHOOLS SHALL CAUSE SUCH AED TO BE  MAIN-
 TAINED AND TESTED ACCORDING TO SUCH APPLICABLE STANDARDS OF THE MANUFAC-
 TURER AND ANY APPROPRIATE GOVERNMENT AGENCY.
   2. WHENEVER NONPUBLIC 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 NONPUBLIC 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 SUBDIVISION THREE OF THIS SECTION IN THE  OPERATION
 AND  USE  OF AN AED. WHERE A SCHOOL-SPONSORED COMPETITIVE ATHLETIC EVENT
 IS HELD AT A SITE OTHER THAN A NONPUBLIC SCHOOL FACILITY, THE  NONPUBLIC
 SCHOOL OFFICIALS SHALL ENSURE THAT AED EQUIPMENT IS PROVIDED ON-SITE.
   3.  NO PERSON MAY OPERATE AN AED IN A NONPUBLIC SCHOOL FACILITY UNLESS
 THE PERSON HAS SUCCESSFULLY COMPLETED A TRAINING COURSE IN THE OPERATION
 OF AN    AED    APPROVED     BY A NATIONALLY-RECOGNIZED ORGANIZATION  AS
 DEFINED  IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-B
 OF THE PUBLIC HEALTH LAW OR THE STATE EMERGENCY   MEDICAL SERVICES COUN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13920-01-3

 S. 8409                             2
 
 CIL. HOWEVER, THIS SECTION SHALL NOT PROHIBIT OPERATION OF AN AED BY THE
 FOLLOWING INDIVIDUALS:
   (A)  BY  A  HEALTH CARE PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE
 EIGHT OF THIS CHAPTER OR A PERSON CERTIFIED UNDER  THIS  ARTICLE  ACTING
 WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE;
   (B) BY A PERSON ACTING PURSUANT TO A LAWFUL PRESCRIPTION; OR
   (C)  BY  A  PERSON WHO OPERATES THE AED OTHER THAN AS PART OF OR INCI-
 DENTAL TO HIS OR HER EMPLOYMENT OR REGULAR DUTIES, WHO IS ACTING IN GOOD
 FAITH, WITH REASONABLE CARE, AND WITHOUT EXPECTATION OF MONETARY COMPEN-
 SATION, TO PROVIDE FIRST AID THAT INCLUDES OPERATION OF AN AED.
   4. (A) OPERATION OF AN AED PURSUANT TO THIS  SECTION  IN  A  NONPUBLIC
 SCHOOL  SHALL  BE  CONSIDERED  FIRST  AID OR EMERGENCY TREATMENT FOR THE
 PURPOSE OF ANY STATUTE RELATING TO LIABILITY; AND
   (B) OPERATION OF AN AED PURSUANT TO THIS SECTION IN A NONPUBLIC SCHOOL
 SHALL NOT CONSTITUTE THE UNLAWFUL PRACTICE OF A PROFESSION  UNDER  TITLE
 EIGHT OF THIS CHAPTER.
   §  2.  This act shall take effect July 1, 2025. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such date.

co-Sponsors

2023-S8409A - Details

See Assembly Version of this Bill:: A9331
Current Committee:: Assembly Ways And Means
Law Section:: Education Law
Laws Affected:: Add §917-a, Ed L

2023-S8409A - Summary

2023-S8409A - Sponsor Memo

                                 
BILL NUMBER: S8409A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring on-site
cardiac automated external defibrillators for nonpublic schools

 
PURPOSE:

This legislation will require all non-public schools to provide and
maintain AEDs in their school facilities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the education law by adding a new section 917-a to
require nonpublic schools to provide and maintain AEDs on-site in each
instructional school facility.

Section 2 sets forth the effective date.

JUSTIFICATION:

More than 357,000 EMS assessed cardiac arrests occur outside of the
hospital each year in the United States. Almost 90% are fatal, but
victims who receive immediate medical attention, including CPR and the
use of an automated external defibrillator (AED), are much more likely
to survive than those who do not.1 While sudden cardiac arrest is rare
in children, it does occur. And at least a quarter of reported incidents
occur in public places, like schools.2

AEDs are computerized, portable devices that analyze the heart rhythm of
someone experiencing a cardiac arrest and deliver an electric shock to
restore the heart rhythm, when appropriate.3 AEDs are designed to be
used by a layperson; they come with clear instructions and voice prompts
to walk a user through the steps.4 And crucially, they can deliver imme-
diate care to someone experiencing a cardiac event, eliminating the need
to wait for EMS to arrive. Combined with CPR, AEDs are lifesaving when
used in the first few minutes after someone experiences a cardiac inci-
dent.5

Current law requires public schools to have AEDs available in school
buildings, but does not extend to non-public schools.6 According to a
national survey of schools, 2 in every 50 schools can expect a cardiac
event to occur each year. Students, teachers, and visitors all stand to
benefit from the availability of AEDs in school buildings, including in
non-public schools. Indeed, the American College of Cardiology advocates
for AEDs in all population dense locations, including in all types of
schools.7

This legislation requires non-public schools to provide and maintain
AEDs in their school facilities. Non-public schools will also have to
ensure an AED is available for all school-sponsored competitive athletic
events that may occur off-site. The bill includes liability protection
and protection from scope of practice claims for individuals who use an
AED in a non-public school in an emergency situation in good faith and
outside of the scope of their normal duties.

 
PRIOR LEGISLATIVE HISTORY:
New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
1 American Heart Association. "A Race Against the Clock:  Out-of-Hospi-
tal Cardiac Arrest." Accessed on Jan 21, 2024 at
https://www.heartord4media/Files/About-Us/Policv-Research/Fact-Sheets/Ac
ute-Care/Out-of-Hosaital-CardiacArrestodf
2 https://www.health.ny.govidiseases/chronicisca/
3 Food and Drug Administration. "Automated External Defibrillators."
Accessed on Jan 21, 2024 at httos://www.fda.gov/medical-
devices/cardiovascular-devices/automated-ext ernal-defibrillators-aeds
4 American Heart Association. "5 things to know about AEDs after a defi-
brillator helped save Damar Hamlin." Accessed on Jan 21, 2024 at
httm://www.heartoreen/news/2023/01/17/5-things-to-know-about-aeds-after-
a-defibrillator-helpedsave-damar-hamlin
5 Food and Drug Administration. "Automated External Defibrillators."
Accessed on Jan 21, 2024 at
htt1)51/WWW.fdd.ROV/MediCal-deViCeSkardi0VaSCUlar-
deViCeS/aUtOtTlated-ex ternal-defibrillators-aedS22
6 Chapter 60 of the laws of 2002
7 Katie Glenn. "Requirements for AEDs in U.S. Schools Need Improvement."
American College of Cardiology. Accessed Jan 21, 2024 at
https://www.acc.oreabout-acc/press-releases
/2017/03/27/12/58/reauirement s-for-aeds-in-us-schools-needjmorovement

2023-S8409A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8409--A
 
                             I N  S E N A T E
 
                             January 29, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  education law, in relation to requiring on-site
   cardiac automated external defibrillators for nonpublic schools

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The education law is amended by adding a new section 917-a
 to read as follows:
   § 917-A. ON-SITE CARDIAC AUTOMATED EXTERNAL DEFIBRILLATOR IN NONPUBLIC
 SCHOOLS. 1. NONPUBLIC SCHOOLS SHALL PROVIDE AND MAINTAIN ON-SITE IN EACH
 INSTRUCTIONAL SCHOOL FACILITY  AUTOMATED  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.  NONPUBLIC SCHOOLS SHALL CAUSE SUCH AED TO BE MAIN-
 TAINED AND TESTED ACCORDING TO SUCH APPLICABLE STANDARDS OF THE MANUFAC-
 TURER AND ANY APPROPRIATE GOVERNMENT AGENCY.
   2. WHENEVER NONPUBLIC 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 NONPUBLIC 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 SUBDIVISION THREE OF THIS SECTION IN THE OPERATION
 AND USE OF AN AED. WHERE A SCHOOL-SPONSORED COMPETITIVE  ATHLETIC  EVENT
 IS  HELD AT A SITE OTHER THAN A NONPUBLIC SCHOOL FACILITY, THE NONPUBLIC
 SCHOOL OFFICIALS SHALL ENSURE THAT AED EQUIPMENT IS PROVIDED ON-SITE.
   3. NO PERSON MAY OPERATE AN AED IN A NONPUBLIC SCHOOL FACILITY  UNLESS
 THE PERSON HAS SUCCESSFULLY COMPLETED A TRAINING COURSE IN THE OPERATION
 OF  AN     AED    APPROVED    BY A NATIONALLY-RECOGNIZED ORGANIZATION AS
 DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE  THOUSAND-B
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13920-03-4
 S. 8409--A                          2

 OF THE PUBLIC HEALTH LAW OR THE STATE EMERGENCY   MEDICAL SERVICES COUN-
 CIL. HOWEVER, THIS SECTION SHALL NOT PROHIBIT OPERATION OF AN AED BY THE
 FOLLOWING INDIVIDUALS:
   (A)  BY  A  HEALTH CARE PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE
 EIGHT OF THIS CHAPTER OR A PERSON CERTIFIED UNDER  THIS  ARTICLE  ACTING
 WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE;
   (B) BY A PERSON ACTING PURSUANT TO A LAWFUL PRESCRIPTION; OR
   (C)  BY  A  PERSON WHO OPERATES THE AED OTHER THAN AS PART OF OR INCI-
 DENTAL TO HIS OR HER EMPLOYMENT OR REGULAR DUTIES, WHO IS ACTING IN GOOD
 FAITH, WITH REASONABLE CARE, AND WITHOUT EXPECTATION OF MONETARY COMPEN-
 SATION, TO PROVIDE FIRST AID THAT INCLUDES OPERATION OF AN AED.
   4. EVERY USE OF AN AED ON A PATIENT IN A  NONPUBLIC  SCHOOL  SHALL  BE
 IMMEDIATELY REPORTED TO THE APPROPRIATE LOCAL EMERGENCY MEDICAL SERVICES
 SYSTEM,  EMERGENCY  COMMUNICATIONS  CENTER OR EMERGENCY VEHICLE DISPATCH
 CENTER, AS APPROPRIATE.
   5. NONPUBLIC SCHOOLS MAY NOTIFY  THE  APPROPRIATE  REGIONAL  EMERGENCY
 SERVICES  COUNCIL  OF  THE  EXISTENCE, LOCATION AND TYPE OF ANY AED THEY
 POSSESS.
   6. (A) OPERATION OF AN AED PURSUANT TO THIS  SECTION  IN  A  NONPUBLIC
 SCHOOL  SHALL  BE  CONSIDERED  FIRST  AID OR EMERGENCY TREATMENT FOR THE
 PURPOSE OF ANY STATUTE RELATING TO LIABILITY; AND
   (B) OPERATION OF AN AED PURSUANT TO THIS SECTION IN A NONPUBLIC SCHOOL
 SHALL NOT CONSTITUTE THE UNLAWFUL PRACTICE OF A PROFESSION  UNDER  TITLE
 EIGHT OF THIS CHAPTER.
   §  2.  This act shall take effect July 1, 2025. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such date.

co-Sponsors

2023-S8409B (ACTIVE) - Details

See Assembly Version of this Bill:: A9331
Current Committee:: Assembly Ways And Means
Law Section:: Education Law
Laws Affected:: Add §917-a, Ed L

2023-S8409B (ACTIVE) - Summary

2023-S8409B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8409B

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring on-site
cardiac automated external defibrillators for nonpublic schools

 
PURPOSE:

This legislation will require all non-public schools to .provide and
maintain AEDs in their school facilities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the education law by adding a new section 917-a to
require nonpublic schools to provide and maintain AEDs on-site in each
instructional school facility.

Section 2 sets forth the effective date.

JUSTIFICATION:

More than 357,000 EMS assessed cardiac arrests occur outside of the
hospital each year in the United States. Almost 90% are fatal, but
victims who receive immediate medical attention, including CPR and the
use of an automated external defibrillator (AED), are much more likely
to survive than those who do not.' While sudden cardiac arrest is rare
in children, it does occur. And at least a quarter of reported incidents
occur in public places, like schools.2

AEDs are computerized, portable devices that analyze the heart rhythm of
someone experiencing a cardiac arrest and deliver an electric shock to
restore the heart rhythm, when appropriate.3 AEDs are designed to be
used by a layperson; they come with clear instructions and voice prompts
to walk a user through the steps.4 And crucially, they can deliver imme-
diate care to someone experiencing a cardiac event, eliminating the need
to wait for EMS to arrive. Combined with CPR, AEDs are lifesaving when
used in the first few minutes after someone experiences a cardiac inci-
dent.'

Current law requires public schools to have AEDs available in school
buildings, but does not extend to non-public schools.6 According to a
national survey of schools, 2 in every 50 schools can expect a cardiac
event to occur each year. Students, teachers, and visitors all stand to
benefit from the availability of AEDs in school buildings, including in
non-public schools. Indeed, the American College of Cardiology advocates
for AEDs in all population dense locations, including in all types of
schools.7

This legislation requires non-public schools to provide and maintain
AEDs in their school facilities. Non-public schools will also have to
ensure an AED is available for all school-sponsored competitive athletic
events that may occur off-site. The bill includes liability protection
and protection from scope of practice claims for individuals who use an
AED in a non-public school in an emergency situation in good faith and
outside of the scope of their normal duties.

 
PRIOR LEGISLATIVE HISTORY:
New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on July 1, 2025.
1 American Heart Association. "A Race Against the Clock:  Out-of-Hospi-
tal Cardiac Arrest." Accessed on Jan 21, 2024 at httos:  vww.heart.or -
media/Files About-Us Polic -Research Fact-Sheets Acute-Care Out- -Hosoi-
tal-CardiacArrest.odf
2 https://www.health.nv,gov/diseases/chronic/sca/
3 Food and Drug Administration. "Automated External Defibrillators."
Accessed on Jan 21, 2024 at https://www.fda.gov/medical-
devices/cardiovascular-devices/automated-ext ernal-defibrillators-aeds
4 American Heart Association. "5 things to know about AEDs after a defi-
brillator helped save Damar Hamlin." Accessed on Jan 21, 2024 at
https://vvww.heart.orglen/news/2023/01/17/5-things-to-know-about-aeds-af
ter-a-defibrillator-helpedsave-damar-hamlin
5 Food and Drug Administration. "Automated External Defibrillators."
Accessed on Jan 21, 2024 at https://www.fda.govimedical-
devicesicardiovascular-devices/automated-ext ernal-defibrillators-aeds22
6 Chapter 60 of the laws of 2002
7 Katie Glenn. "Requirements for AEDs in U.S. Schools Need Improvement."
American College of Cardiology. Accessed Jan 21, 2024 at
httns://www,acc.orgiabout-acc/press-releases/
2017/03/27/12/58/recluireme nts-for-aeds-in-us-schools-needimnrovernent

2023-S8409B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8409--B
     Cal. No. 519
 
                             I N  S E N A T E
 
                             January 29, 2024
                                ___________
 
 Introduced  by  Sens.  MAYER, JACKSON -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee,  ordered  to first and second report, ordered to a third reading,
   passed by Senate and delivered to the Assembly, recalled, vote  recon-
   sidered,  restored  to  third  reading, amended and ordered reprinted,
   retaining its place in the order of third reading
 
 AN ACT to amend the education law,  in  relation  to  requiring  on-site
   cardiac automated external defibrillators for nonpublic schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section  917-a
 to read as follows:
   § 917-A. ON-SITE CARDIAC AUTOMATED EXTERNAL DEFIBRILLATOR IN NONPUBLIC
 SCHOOLS. 1. NONPUBLIC SCHOOLS SHALL PROVIDE AND MAINTAIN ON-SITE IN EACH
 INSTRUCTIONAL  SCHOOL  FACILITY  AUTOMATED  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.  NONPUBLIC SCHOOLS SHALL CAUSE SUCH AED TO BE  MAIN-
 TAINED AND TESTED ACCORDING TO SUCH APPLICABLE STANDARDS OF THE MANUFAC-
 TURER AND ANY APPROPRIATE GOVERNMENT AGENCY.
   2. WHENEVER NONPUBLIC 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 NONPUBLIC 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 SUBDIVISION THREE OF THIS SECTION IN THE  OPERATION
 AND  USE  OF AN AED. WHERE A SCHOOL-SPONSORED COMPETITIVE ATHLETIC EVENT
 IS HELD AT A SITE OTHER THAN A NONPUBLIC SCHOOL FACILITY, THE  NONPUBLIC
 SCHOOL OFFICIALS SHALL ENSURE THAT AED EQUIPMENT IS PROVIDED ON-SITE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13920-10-4
 S. 8409--B                          2

   3.  NO PERSON MAY OPERATE AN AED IN A NONPUBLIC SCHOOL FACILITY UNLESS
 THE PERSON HAS SUCCESSFULLY COMPLETED A TRAINING COURSE IN THE OPERATION
 OF AN    AED    APPROVED     BY A NATIONALLY-RECOGNIZED ORGANIZATION  AS
 DEFINED  IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-B
 OF THE PUBLIC HEALTH LAW OR THE STATE EMERGENCY   MEDICAL SERVICES COUN-
 CIL. HOWEVER, THIS SECTION SHALL NOT PROHIBIT OPERATION OF AN AED:
   (A)  BY  A  HEALTH CARE PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE
 EIGHT OF THIS CHAPTER OR A PERSON CERTIFIED UNDER ARTICLE THIRTY OF  THE
 PUBLIC HEALTH LAW ACTING WITHIN THEIR LAWFUL SCOPE OF PRACTICE;
   (B) BY A PERSON ACTING PURSUANT TO A LAWFUL PRESCRIPTION; OR
   (C)  BY  A  PERSON WHO OPERATES THE AED OTHER THAN AS PART OF OR INCI-
 DENTAL TO THEIR EMPLOYMENT OR REGULAR DUTIES,  WHO  IS  ACTING  IN  GOOD
 FAITH, WITH REASONABLE CARE, AND WITHOUT EXPECTATION OF MONETARY COMPEN-
 SATION,  TO  PROVIDE  FIRST  AID  THAT INCLUDES OPERATION OF AN AED; NOR
 SHALL THIS SECTION LIMIT ANY  GOOD  SAMARITAN  PROTECTIONS  PROVIDED  IN
 SECTION THREE THOUSAND-A OF THE PUBLIC HEALTH LAW.
   4.  EVERY  USE  OF  AN AED ON A PATIENT IN A NONPUBLIC SCHOOL SHALL BE
 IMMEDIATELY REPORTED TO THE APPROPRIATE LOCAL EMERGENCY MEDICAL SERVICES
 SYSTEM, EMERGENCY COMMUNICATIONS CENTER OR  EMERGENCY  VEHICLE  DISPATCH
 CENTER, AS APPROPRIATE.
   5.  NONPUBLIC  SCHOOLS SHALL NOTIFY THE APPROPRIATE REGIONAL EMERGENCY
 SERVICES COUNCIL OF THE EXISTENCE, LOCATION AND TYPE  OF  ANY  AED  THEY
 POSSESS.
   6. A NONPUBLIC SCHOOL SHALL POST A SIGN OR NOTICE AT THE MAIN ENTRANCE
 TO THE FACILITY OR BUILDING IN WHICH THE AUTOMATED  EXTERNAL DEFIBRILLA-
 TOR IS STORED, INDICATING THE LOCATION WHERE ANY SUCH AUTOMATED EXTERNAL
 DEFIBRILLATOR IS STORED OR MAINTAINED IN SUCH BUILDING  OR FACILITY ON A
 REGULAR BASIS.
   7.  (A)  OPERATION  OF  AN AED PURSUANT TO THIS SECTION IN A NONPUBLIC
 SCHOOL SHALL BE CONSIDERED FIRST AID  OR  EMERGENCY  TREATMENT  FOR  THE
 PURPOSE OF ANY STATUTE RELATING TO LIABILITY; AND
   (B) OPERATION OF AN AED PURSUANT TO THIS SECTION IN A NONPUBLIC SCHOOL
 SHALL  NOT  CONSTITUTE THE UNLAWFUL PRACTICE OF A PROFESSION UNDER TITLE
 EIGHT OF THIS CHAPTER.
   § 2. This act shall take effect July 1, 2025.  Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such date.

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Senate Bill S8409B

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Sponsored By

Shelley B. Mayer

Current Bill Status - In Assembly Committee

Bill Amendments

2023-S8409 - Details

2023-S8409 - Summary

2023-S8409 - Sponsor Memo

2023-S8409 - Bill Text download pdf

co-Sponsors

Robert Jackson

2023-S8409A - Details

2023-S8409A - Summary

2023-S8409A - Sponsor Memo

2023-S8409A - Bill Text download pdf

co-Sponsors

Robert Jackson

2023-S8409B (ACTIVE) - Details

2023-S8409B (ACTIVE) - Summary

2023-S8409B (ACTIVE) - Sponsor Memo

2023-S8409B (ACTIVE) - Bill Text download pdf

Comments