NY State Senate Bill 2025-S2590

Senate Bill S2590

2025-2026 Legislative Session

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

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Current Bill Status - In Senate Committee Education 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 21, 2025	referred to education

co-Sponsors

2025-S2590 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §917-a, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S8409

2025-S2590 (ACTIVE) - 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.

2025-S2590 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2590

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 non-public 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.'

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.' 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.' 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.'

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:
S8409B/A9331B (2024): Passed Senate; died in Assembly Ways and Means

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on July 1, 2026.
1 American Heart Association. Race Against the Clock: Out-of-Hospital
Cardiac Arrest." Accessed on Jan 21, 2024 at
https://www.heart.org/-/media/Files/About-Us
/Policy-Research/Fact-Sheets/Acute-Care/Out-of-Hospital- Cardiac-Ar-
rest.pdf
2 https ://www.heaIth.ny.gov/diseases/chronic/sca/
3 Food and Drug Administration. "Automated External Defibrillators."
Accessed on Jan 21, 2024 at https://www.fda.eov/medical-
devices/cardiovascular-devices/ automated-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.org/en/news/2023/01/17/ 5-things-to-know-about-aeds-after-a
-defibrillator-helped-save-damar-hamlin
5 Food and Drug Administration. "Automated External Defibrillators."
Accessed on Jan 21, 2024 at https://www.fda,eov/medical-devices/
cardiovascular-devices/automated-externaI -defibriIIators-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
httos://www.acc.orgiabout-acc/oress-rejeases /2017/03 /
27/12/58/requirements-for-aeds- in-us-schgols-need-improverment

2025-S2590 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2590
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2025
                                ___________
 
 Introduced  by  Sens.  MAYER, JACKSON -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06887-01-5

 S. 2590                             2
 
 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, 2026.  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 effective date.

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Senate Bill S2590

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Sponsored By

Shelley B. Mayer