Bill Text: NY A09331 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-05-22 - reported referred to ways and means [A09331 Detail]

Download: New_York-2023-A09331-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9331--A

                   IN ASSEMBLY

                                    February 29, 2024
                                       ___________

        Introduced  by  M. of A. OTIS -- read once and referred 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:

     1    Section  1. The education law is amended by adding a new section 917-a
     2  to read as follows:
     3    § 917-a. On-site cardiac automated external defibrillator in nonpublic
     4  schools. 1. Nonpublic schools shall provide and maintain on-site in each
     5  instructional school facility  automated  external  defibrillator  (AED)
     6  equipment,  as  defined  in  paragraph (a) of subdivision one of section
     7  three thousand-b of the public  health  law,  in  quantities  and  types
     8  deemed  by  the  commissioner  in  consultation with the commissioner of
     9  health to be adequate to ensure ready and  appropriate  access  for  use
    10  during  emergencies.  Nonpublic schools shall cause such AED to be main-
    11  tained and tested according to such applicable standards of the manufac-
    12  turer and any appropriate government agency.
    13    2. Whenever nonpublic school facilities pursuant to subdivision one of
    14  this section are used for school-sponsored or school-approved curricular
    15  or extracurricular events or activities and whenever a  school-sponsored
    16  athletic contest is held at any location, the nonpublic school officials
    17  and  administrators  responsible  for  such  school facility or athletic
    18  contest shall ensure the presence of at least one staff  person  who  is
    19  trained,  pursuant to subdivision three of this section in the operation
    20  and use of an AED. Where a school-sponsored competitive  athletic  event
    21  is  held at a site other than a nonpublic school facility, the nonpublic
    22  school officials shall ensure that AED equipment is provided on-site.
    23    3. No person may operate an AED in a nonpublic school facility  unless
    24  the person has successfully completed a training course in the operation
    25  of  an     AED    approved    by a nationally-recognized organization as
    26  defined in paragraph (d) of subdivision one of section three  thousand-b
    27  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.
                                                                   LBD13920-04-4
        A. 9331--A                          2

     1  cil. However, this section shall not prohibit operation of an AED by the
     2  following individuals:
     3    (a)  by  a  health care practitioner licensed or certified under title
     4  eight of this chapter or a person certified under  this  article  acting
     5  within his or her lawful scope of practice;
     6    (b) by a person acting pursuant to a lawful prescription; or
     7    (c)  by  a  person who operates the AED other than as part of or inci-
     8  dental to his or her employment or regular duties, who is acting in good
     9  faith, with reasonable care, and without expectation of monetary compen-
    10  sation, to provide first aid that includes operation of an AED.
    11    4. Every use of an AED on a patient in a  nonpublic  school  shall  be
    12  immediately reported to the appropriate local emergency medical services
    13  system,  emergency  communications  center or emergency vehicle dispatch
    14  center, as appropriate.
    15    5. Nonpublic schools may notify  the  appropriate  regional  emergency
    16  services  council  of  the  existence, location and type of any AED they
    17  possess.
    18    6. (a) Operation of an AED pursuant to this  section  in  a  nonpublic
    19  school  shall  be  considered  first  aid or emergency treatment for the
    20  purpose of any statute relating to liability; and
    21    (b) Operation of an AED pursuant to this section in a nonpublic school
    22  shall not constitute the unlawful practice of a profession  under  title
    23  eight of this chapter.
    24    §  2.  This act shall take effect July 1, 2025. Effective immediately,
    25  the addition, amendment and/or repeal of any rule or  regulation  neces-
    26  sary  for  the  implementation  of  this  act  on its effective date are
    27  authorized to be made and completed on or before such date.