senate Bill S4736

Requires all assisted living facilities to have a defibrillator and perform CPR

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 19 / Apr / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH

Summary

Requires all assisted living facilities to have a defibrillator, requires that at least two persons on each shift at assisted living facilities be trained in CPR, requires that CPR must be performed when needed and provides that anyone who in good faith performs CPR will be exempt from any liability.

do you support this bill?

Bill Details

Versions:
S4736
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add ยง3000-e, Pub Health L

Sponsor Memo

BILL NUMBER:S4736

TITLE OF BILL: An act to amend the public health law, in relation to
requiring all assisted living facilities to have a defibrillator,
requiring that at least two persons on each shift at assisted living
facilities be trained in CPR, requiring that CPR must be performed
when needed and providing that anyone who in good faith performs CPR
will be exempt from any liability

PURPOSE:

Requires all assisted living facilities to have defibrillator and
perform CPR.

SUMMARY OF PROVISIONS:

Section One of the bill is amended by adding a new section 3000-e.

Each assisted living residence shall be equipped with and maintain
automated external defibrillators. The owners or operators of such
assisted living residence shall provide such automated external
defibrillators in quantities deemed necessary by the commissioner.
Such equipment shall be ready accessible for use during medical
emergencies. Any information deemed necessary by the commissioner
shall accompany such equipment.

A minimum of two employees on each work shift at an assisted living
facility shall be trained in CPR and in use of the facility
defibrillators by a nationally recognized organization. CPR measures
shall be taken in every instance when they are warranted; provided,
however, that no such measures has previously filled a
validly-executed "do not resuscitate", whether incorporated in a
living will or not, order with the assisted living facility.

Any person in good faith performs CPR pursuant to these provisions
shall be exempt from any civil or criminal liability arising from his
or her actions in performing the CPR/

EXISTING LAW:

JUSTIFICATION:

Each assisted living residence in the State of New York should be
equipped with and maintain automated external defibrillators. The
owners or operators of such assisted living residence shall provide
such automated external defibrillators in quantities deemed necessary
by the New York State Commissioner of Health and it is logical that
such life-saving equipment be ready and accessible for use during
medical emergencies.

Further, a minimum of two employees on each work shift at an assisted
living facility should be trained in CPR and in use of the facility
defibrillators by a nationally recognized organization. CPR measures
shall be taken in every instance when they are warranted; provided,
however, that no such measures has previously filled a
validly-executed "do not resuscitate", whether incorporated in a
living will or not, order with the assisted living facility.


Any person in good faith performs CPR pursuant to these provisions
shall be exempt from any civil or criminal liability arising from his
or her actions in performing the CPR.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Minimal

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law, provided however that effective immediately,
the addition and amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4736

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 19, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law,  in  relation  to  requiring  all
  assisted  living facilities to have a defibrillator, requiring that at
  least two persons on each  shift  at  assisted  living  facilities  be
  trained  in  CPR, requiring that CPR must be performed when needed and
  providing that anyone who in good faith performs CPR  will  be  exempt
  from any liability

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
3000-e to read as follows:
  S  3000-E.  AUTOMATED  EXTERNAL  DEFIBRILLATORS; ASSISTED LIVING RESI-
DENCE.  1.  EACH  ASSISTED  LIVING  RESIDENCE,  AS  DEFINED  IN  SECTION
FORTY-SIX  HUNDRED FIFTY-ONE OF THIS CHAPTER, SHALL BE EQUIPPED WITH AND
MAINTAIN AUTOMATED EXTERNAL DEFIBRILLATORS AS DEFINED IN  PARAGRAPH  (A)
OF  SUBDIVISION  ONE  OF  SECTION  THREE THOUSAND-B OF THIS ARTICLE. THE
OWNERS OR OPERATORS OF SUCH ASSISTED LIVING RESIDENCE SHALL PROVIDE SUCH
AUTOMATED EXTERNAL DEFIBRILLATORS IN QUANTITIES DEEMED NECESSARY BY  THE
COMMISSIONER.  SUCH EQUIPMENT SHALL BE READILY ACCESSIBLE FOR USE DURING
MEDICAL EMERGENCIES. ANY INFORMATION DEEMED NECESSARY BY THE COMMISSION-
ER SHALL ACCOMPANY SUCH EQUIPMENT.
  2. A MINIMUM OF TWO EMPLOYEES ON EACH WORK SHIFT AT AN ASSISTED LIVING
FACILITY SHALL BE TRAINED IN CARDIOPULMONARY RESUSCITATION (CPR) AND  IN
THE USE OF THE FACILITY DEFIBRILLATORS BY A NATIONALLY-RECOGNIZED ORGAN-
IZATION, AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE
THOUSAND-B OF THIS ARTICLE. CARDIOPULMONARY RESUSCITATION (CPR) MEASURES
SHALL  BE  TAKEN  IN  EVERY  INSTANCE WHEN THEY ARE WARRANTED; PROVIDED,
HOWEVER, THAT NO SUCH MEASURES NEED BE  TAKEN  ON  ANY  PERSON  WHO  HAS
PREVIOUSLY FILED A VALIDLY-EXECUTED "DO NOT RESUSCITATE", WHETHER INCOR-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09904-01-3

S. 4736                             2

PORATED  IN A LIVING WILL OR NOT, ORDER WITH THE ASSISTED LIVING FACILI-
TY.
  3.  ANY  PERSON  WHO, IN GOOD FAITH, PERFORMS CARDIOPULMONARY RESUSCI-
TATION (CPR) PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE  EXEMPT
FROM  ANY CIVIL OR CRIMINAL LIABILITY ARISING FROM HIS OR HER ACTIONS IN
PERFORMING THE CARDIOPULMONARY RESUSCITATION (CPR).
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however that effective  immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.