Bill Text: NY A04720 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires every assisted living facility to have at least one automated external defibrillator on the premises and have in attendance at all times, at least one employee certified in CPR.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A04720 Detail]

Download: New_York-2019-A04720-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4720
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Health
        AN ACT to amend the public health law, in relation to automated external
          defibrillator requirements
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 4656 of the public health law, as added by chapter
     2  2 of the laws of 2004, is amended by adding a new subdivision 9 to  read
     3  as follows:
     4    9.  (a)  Every  assisted  living  facility licensed under this article
     5  shall have on the premises at least one automated  external  defibrilla-
     6  tor,  as  defined  in  paragraph (a) of subdivision one of section three
     7  thousand-b of this chapter, and shall have in attendance at all times at
     8  least one employee who holds a valid certification of  completion  of  a
     9  course  in  the study of the operation of automated external defibrilla-
    10  tors and a valid certification of the completion  of  a  course  in  the
    11  training  of  cardiopulmonary  resuscitation  provided  by  a nationally
    12  recognized organization or association. The commissioner  shall  promul-
    13  gate  regulations  to  determine  the  quantity  and  type  deemed to be
    14  adequate to ensure ready and appropriate access for use during  emergen-
    15  cies taking into account the size and occupancy of each facility and any
    16  other matter deemed necessary by the commissioner to effectuate the duty
    17  prescribed  by this subdivision. Such regulations shall also provide for
    18  a phase-in schedule of the duty created by this subdivision.
    19    (b) In no  instance  shall  an  automated  external  defibrillator  be
    20  utilized  or  cardiopulmonary  resuscitation be performed on an assisted
    21  living resident who has validly executed an order  not  to  resuscitate,
    22  which is on file with the facility.
    23    (c)  Assisted living facilities and staff pursuant to paragraph (a) of
    24  this subdivision shall be deemed a "public access defibrillation provid-
    25  er" as defined in paragraph (c) of  subdivision  one  of  section  three
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09051-01-9

        A. 4720                             2
     1  thousand-b  of this chapter and shall be subject to the requirements and
     2  limitations of such section.
     3    (d) Pursuant to sections three thousand-a and three thousand-b of this
     4  chapter,  any  public access defibrillation provider, or any employee or
     5  other agent of the provider who, in accordance with  the  provisions  of
     6  this  section, renders emergency medical or first aid treatment using an
     7  automated external defibrillator which has been made available  pursuant
     8  to  this  section, to a person who is unconscious, ill or injured, shall
     9  be liable only pursuant to section three thousand-a of this chapter.
    10    § 2. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law.
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