Bill Text: NY S02107 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires the port authority of New York and New Jersey to make automated external defibrillators available throughout major air terminals; requires that training be provided to airport personnel in their use; provides that activation of a defibrillator will alert emergency medical services personnel.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-18 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S02107 Detail]
Download: New_York-2011-S02107-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2107
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend chapter 154 of the laws of 1921, relating to the port
authority of New York and New Jersey, in relation to the provision of
automated external defibrillators
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Chapter 154 of the laws of 1921, relating to the port
2 authority of New York and New Jersey, is amended by adding a new article
3 15-B to read as follows:
4 ARTICLE XV-B
5 1. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
6 ING MEANINGS:
7 A. "AIR TERMINAL" MEANS ANY AIR TERMINAL UNDER THE JURISDICTION OF THE
8 PORT AUTHORITY HAVING TEN MILLION OR MORE PASSENGERS PER YEAR.
9 B. "AUTOMATED EXTERNAL DEFIBRILLATOR" MEANS A MEDICAL DEVICE, APPROVED
10 BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION, THAT (I) IS CAPABLE
11 OF RECOGNIZING THE PRESENCE OR ABSENCE, IN A PATIENT, OF VENTRICULAR
12 FIBRILLATION AND RAPID VENTRICULAR TACHYCARDIA; (II) IS CAPABLE OF
13 DETERMINING, WITHOUT INTERVENTION BY AN OPERATOR, WHETHER DEFIBRILLATION
14 SHOULD BE PERFORMED ON THE PATIENT; (III) UPON DETERMINING THAT DEFI-
15 BRILLATION SHOULD BE PERFORMED, AUTOMATICALLY CHARGES AND REQUESTS
16 DELIVERY OF AN ELECTRICAL IMPULSE TO THE PATIENT'S HEART; AND (IV) THEN,
17 UPON ACTION BY AN OPERATOR, DELIVERS AN APPROPRIATE ELECTRICAL IMPULSE
18 TO THE PATIENT'S HEART TO PERFORM DEFIBRILLATION.
19 C. "EMERGENCY HEALTH CARE PROVIDER" MEANS (I) A PHYSICIAN WITH KNOW-
20 LEDGE AND EXPERIENCE IN THE DELIVERY OF EMERGENCY CARDIAC CARE; OR (II)
21 A HOSPITAL THAT PROVIDES EMERGENCY CARDIAC CARE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06682-01-1
S. 2107 2
1 D. "NATIONALLY-RECOGNIZED ORGANIZATION" MEANS A NATIONAL ORGANIZATION
2 APPROVED BY THE PORT AUTHORITY FOR THE PURPOSE OF TRAINING PEOPLE IN USE
3 OF AN AUTOMATED EXTERNAL DEFIBRILLATOR.
4 2. THE PORT AUTHORITY SHALL INSTALL AND MAINTAIN AUTOMATED EXTERNAL
5 DEFIBRILLATORS IN EVERY AIR TERMINAL IN NUMEROUS LOCATIONS THROUGHOUT
6 ALL PASSENGER TERMINALS TO MAKE THEM READILY AVAILABLE IN THE EVENT OF
7 EMERGENCIES WARRANTING THEIR USE. THE PORT AUTHORITY SHALL MAKE TRAIN-
8 ING IN THE USE OF AUTOMATED EXTERNAL DEFIBRILLATORS AVAILABLE TO ALL
9 PERSONNEL WORKING IN PASSENGER AIR TERMINALS AND OTHER AIRLINE PERSON-
10 NEL.
11 3. POSSESSION AND OPERATION OF AUTOMATED EXTERNAL DEFIBRILLATOR.
12 POSSESSION AND OPERATION OF AN AUTOMATED EXTERNAL DEFIBRILLATOR BY THE
13 PORT AUTHORITY SHALL COMPLY WITH THE FOLLOWING:
14 A. NO PERSON MAY OPERATE AN AUTOMATED EXTERNAL DEFIBRILLATOR UNLESS
15 THE PERSON HAS SUCCESSFULLY COMPLETED A TRAINING COURSE IN THE OPERATION
16 OF AN AUTOMATED EXTERNAL DEFIBRILLATOR APPROVED BY A NATIONALLY-RECOG-
17 NIZED ORGANIZATION OR AN APPROPRIATE STATE AGENCY, AND THE COMPLETION OF
18 THE COURSE WAS RECENT ENOUGH TO STILL BE EFFECTIVE UNDER THE STANDARDS
19 OF THE APPROVING ORGANIZATION. HOWEVER, THIS SECTION SHALL NOT PROHIBIT
20 OPERATION OF AN AUTOMATED EXTERNAL DEFIBRILLATOR, (I) BY A HEALTH CARE
21 PRACTITIONER LICENSED OR CERTIFIED UNDER LAW OR (II) BY A PERSON ACTING
22 PURSUANT TO A LAWFUL PRESCRIPTION.
23 B. THE PORT AUTHORITY SHALL CAUSE THE AUTOMATED EXTERNAL DEFIBRILLATOR
24 TO BE MAINTAINED AND TESTED ACCORDING TO APPLICABLE STANDARDS OF THE
25 MANUFACTURER AND ANY APPROPRIATE GOVERNMENT AGENCY.
26 C. THE PORT AUTHORITY SHALL NOTIFY THE APPROPRIATE STATE OR LOCAL
27 AGENCY OF THE EXISTENCE, LOCATION AND TYPE OF ANY AUTOMATED EXTERNAL
28 DEFIBRILLATOR IT POSSESSES.
29 D. EVERY USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR ON A PATIENT SHALL
30 BE IMMEDIATELY AND AUTOMATICALLY REPORTED TO THE APPROPRIATE LOCAL EMER-
31 GENCY MEDICAL SERVICES SYSTEM, EMERGENCY COMMUNICATIONS CENTER OR EMER-
32 GENCY VEHICLE DISPATCH CENTER AS APPROPRIATE AND PROMPTLY REPORTED TO
33 THE EMERGENCY HEALTH CARE PROVIDER.
34 4. APPLICATION OF OTHER LAWS. A. OPERATION OF AN AUTOMATED EXTERNAL
35 DEFIBRILLATOR PURSUANT TO THIS SECTION SHALL BE CONSIDERED FIRST AID OR
36 EMERGENCY TREATMENT FOR THE PURPOSE OF ANY STATUTE RELATING TO LIABIL-
37 ITY.
38 B. OPERATION OF AN AUTOMATED EXTERNAL DEFIBRILLATOR PURSUANT TO THIS
39 SECTION SHALL NOT CONSTITUTE THE UNLAWFUL PRACTICE OF A PROFESSION UNDER
40 ANY OTHER LAW.
41 S 2. This act shall take effect upon the enactment into law by the
42 state of New Jersey of legislation having an identical effect with this
43 act, but if the state of New Jersey shall have already enacted such
44 legislation this act shall take effect immediately. The chairman of the
45 port authority of New York and New Jersey shall notify the legislative
46 bill drafting commission upon the occurrence of the enactment of article
47 15-B of chapter 154 of the laws of 1921 in order that the commission may
48 maintain an accurate and timely effective data base of the official text
49 of the laws of the state of New York in furtherance of effecting the
50 provisions of section 44 of the legislative law and section 70-b of the
51 public officers law.
