Bill Text: NY A00366 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires camps and youth sports programs to establish an automated external defibrillator implementation plan; requires camps and youth sports programs to have at least one person trained to use such defibrillators at camps, games and practices.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2023-06-07 - substituted by s7424 [A00366 Detail]

Download: New_York-2023-A00366-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           366

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     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:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  3000-f to read as follows:
     3    §  3000-f.  Automated external defibrillator; camps and youth leagues.
     4  1. Definitions.  As used in this section,  unless  the  context  clearly
     5  requires otherwise, the following terms have the following meanings:
     6    (a)   "Automated  external  defibrillator"  means  a  medical  device,
     7  approved by the United States food and drug administration, that: (i) is
     8  capable of recognizing the presence or absence in a patient of ventricu-
     9  lar fibrillation and rapid ventricular tachycardia; (ii) is  capable  of
    10  determining, without intervention by an operator, whether defibrillation
    11  should  be performed on a patient; (iii) upon determining that defibril-
    12  lation should be performed, automatically charges and requests  delivery
    13  of  an  electrical  impulse  to  a  patient's heart; and (iv) then, upon
    14  action by an operator, delivers an appropriate electrical impulse  to  a
    15  patient's heart to perform defibrillation.
    16    (b)  "Training  course" means a course approved by a nationally-recog-
    17  nized organization or the state emergency medical  services  council  in
    18  the operation of automated external defibrillators.
    19    (c) "Nationally-recognized organization" means a national organization
    20  approved  by the department for the purpose of training people in use of
    21  an automated external defibrillator.
    22    (d) "Camp" means a children's overnight  camp,  summer  day  camp,  or
    23  traveling  summer day camp as such terms are defined in section thirteen
    24  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

     1    (e) "Youth league" means youth recreation sports  leagues  other  than
     2  the  public  school  leagues,  including school leagues, little leagues,
     3  community based organization leagues, and unaffiliated leagues.
     4    (f)  "Youth  recreation" means athletic activity with participants who
     5  are all seventeen years old or younger and shall  include  grade  school
     6  through  high  school  athletic  programs  regardless  of the age of the
     7  participants.
     8    2. A camp or youth league shall:
     9    (a) make available an automated external defibrillator at every  camp,
    10  game and practice; and
    11    (b)  ensure  that  there  is  at least one employee, volunteer, coach,
    12  umpire or other qualified adult who is present at each such  camp,  game
    13  and  practice  who  has  successfully completed a training course within
    14  twenty-four months of each such camp session, game and practice.
    15    3. (a) No permits or other certifications  shall  be  issued  for  the
    16  operation  of  any camp or for the use of any public facility, including
    17  parks and recreational facilities owned by the state or a  municipality,
    18  by  a  youth  league  unless such camp or youth league certifies that it
    19  will comply with paragraph (b) of subdivision two of  this  section  for
    20  the  duration  of  the  season  for which the permit or certification is
    21  sought.
    22    (b) Each  camp  and  youth  league  shall  maintain  records  that  it
    23  possesses  a  sufficient  number of automated external defibrillators to
    24  meet the requirements of  paragraph  (b)  of  subdivision  two  of  this
    25  section  for  three  years  from  the date such camp league receives the
    26  permit or certification that was the subject of the application.
    27    (c) Any person who voluntarily and  without  expectation  of  monetary
    28  compensation renders first aid or emergency treatment using an automated
    29  external  defibrillator  that  has  been made available pursuant to this
    30  section, to a person who is unconscious, ill or injured, and  any  indi-
    31  vidual or entity that purchases or makes available an automated external
    32  defibrillator as required by this section, is entitled to the limitation
    33  of liability provided in section three thousand-a of this article.
    34    4.  (a)  Nothing  contained  in this section imposes any duty or obli-
    35  gation on any person to provide assistance with  an  automated  external
    36  defibrillator to a victim of a medical emergency.
    37    (b)  Nothing  contained  in  this  section  affects the obligations or
    38  liability of emergency health providers pursuant to section three  thou-
    39  sand-b of this article.
    40    5.  (a) Any camp or youth league that violates the provisions of para-
    41  graph (b) of subdivision two or paragraph (b) of  subdivision  three  of
    42  this  section shall receive a warning for a first violation and shall be
    43  liable for a civil penalty of one thousand dollars for  each  subsequent
    44  violation.
    45    (b)  No  permit  or certification shall be issued to any camp or youth
    46  league that has a past due outstanding penalty for  a  violation  issued
    47  pursuant to paragraph (a) of this subdivision.
    48    6. The commissioner is authorized and directed to promulgate any rules
    49  as  may  be necessary for the purposes of carrying out the provisions of
    50  this section.
    51    § 2. This act shall take effect immediately.
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