Assembly Bill A8741

                                BILL NUMBER:A8741A

TITLE OF BILL:  An act to amend the public health law, in relation to
causes of action against certain businesses arising in connection with
the AED

PURPOSE OR GENERAL IDEA OF BILL: This bill would remove barriers to AED
use by expanding Good Samaritan protections to include all AED users and
providers regardless of whether they have received training in the use
of an AED.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends subdivision two of
section 3000-a of the public health law by expanding the scope of the
Good Samaritan law to include any person who or entity or group that
operates and/or facilitates implementation of resuscitation equipment
used for emergency treatment, included but not limited to an AED.

Section two amends subdivision three of section 3000-b of the public
health law by repealing paragraph (a) and inserting a new paragraph (a)
stating that the public access defibrillation provider shall assure
anticipated AED users are trained using a nationally recognized,
evidence-based guidelines course. Section two also adds a paragraph (g)
clarifying that this section does not limit AED usage to a trained
responder nor does it limit any Good Samaritan protections provided in
3000-a of the public health law strictly to trained responders.

              

Section three provides the effective date.

JUSTIFICATION: Sudden cardiac arrest is one of the leading causes of
death in the United States, especially among those 40 years of age and
older.{1} According to the American Heart Association, nearly 250,000
out-of-hospital deaths occur annually as a result of sudden cardiac
arrest.{2} Because so many incidents of sudden cardiac arrest occur
outside of a hospital, with over two thirds of the episodes occurring in
homes{3}, a medical professional or a person trained to administer emer-
gency first aid, including but not limited to CPR and/or use of an AED,
is rarely the first person on the scene. Thus, lay rescuers often have
the important and time-sensitive task of administering primary urgent
care in the form of CPR and/or use of an AED.

Good Sam protections within the public health law guarantee that any
person who voluntarily and without expectation of a monetary reward
provides urgently needed medical attention will not be liable for
damages for harm alleged to have occurred, unless it is shown that he or
she is guilty of negligence or intentional misconduct. Currently, Good
Samaritan protections extend only to those individuals who or groups
that purchase or make available resuscitation equipment such as an AED,
omitting the entire population who might operate and/or facilitate oper-
ation of an AED. Furthermore, Good Samaritan protections only apply to
AED lay rescuers who have undergone a training course in how to use a
defibrillator. This legislation aims to clarify that any person who or
any entity or group that legally purchases, operates, and/or facilitates

operation of an AED is protected under current Good Samaritan provisions
in the public health law, should a problem arise from the use or non-use
of this AED.

The American Heart Association has determined that concerns over liabil-
ity are a huge barrier to AED usage. However, modern AEDs are "highly
accurate, user-friendly computerized devices."{4} Given the simplicity
of the devices, and the fact that an AED will not administer a shock to
someone who does not need it, this legislation will encourage AED use in
the event of an emergency. Although action by a person trained to prop-
erly use an AED is always preferable, when that option is not viable, it
is important to promote the administration of emergency first aid over
inaction. In the event of sudden cardiac arrest, fast action is often
the difference between life and death.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATION: None to the state.

EFFECTIVE DATE: This act shall take affect immediately.

{1} Zheng ZJ, Croft J13, Giles WH, Mensah GA. "Sudden cardiac death in
the United States, 1989 to 1998." Circulation. 2001; 104: 2158-2163.

{2} Heart Disease and Stroke Statistics-2005 Update. Dallas, Texas:
American Heart Association; 2005.

{3} Aufderheide, Tom, et al. "Community Lay Rescuer Automated External
Defibrillation Programs Key State Legislative Components and Implementa-
tion Strategies." Cirulation: Journal of the American Heart Association.
28 Feb 2006; 8.

{4} Aufderheide, Tom, et al. "Community Lay Rescuer Automated External
Defibrillation Programs Key State Legislative Components and Implementa-
tion Strategies." Cirulation: Jow-nal of the American Heart Association.
28 Feb 2006; 2.

                                BILL NUMBER:A8741B

TITLE OF BILL:  An act to amend the public health law, in relation to
causes of action against certain businesses arising in connection with
the AED

PURPOSE OR GENERAL IDEA OF BILL: This bill would remove barriers to
AED use by expanding Good Samaritan protections to include all AED
users and providers regardless of whether they have received training
in the-use of an AED.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends subdivision two of
section 3000-a of the public health law by expanding the scope of the
Good Samaritan law to include any person who or entity or group that
operates and/or facilitates implementation of resuscitation equipment
used for emergency treatment, included but not limited to an AED.

Section two amends subdivision three of :section 3000-b of the public
health law by repealing paragraph (a) and inserting a new paragraph
(a) stating that no person shall operate an AED unless the person has
successfully completed a nationally recognized, evidence-based
guidelines training course. Section two also amends subdivision three
of the same section by stating that this section shall not prohibit
untrained res:ponders from providing first aid, including operation of
an AED, if such first aid is administered in good faith, nor shall it
limit any Good Samaritan protections provided in 3000-a of the public
              

health law.

Section three provides the effective days.

JUSTIFICATION: Sudden cardiac arrest is one of the leading causes of
death in the United States, especially among those 40 years of age and
older.{1} According to the American Heart Association, nearly 250,000
out-of-hospital deaths occur annually as a result of sudden cardiac
arrest.{2} Because so many incidents of sudden cardiac arrest occur
outside of a hospital, with over two thirds of the episodes occurring
in homes{3}, a medical professional or a person trained to administer
emergency first including but not limited to CPR and/or use of an AED,
is rarely the first person on the scene. Thus, lay rescuers often have
the important and time-sensitive task of administering primary urgent
care in the form of CPR and/or use of an AED.

Good Sam protections within the public health law guarantee that any
person who voluntarily and without expectation of a monetary reward
provides urgently needed medical attention will not be liable for
damages for harm alleged to have occurred, unless it is shown that he
or she is guilty of negligence or intentional misconduct. Currently,
Good Samaritan protections extend only to those individuals who or
groups that purchase or make available resuscitation equipment such as
an AED, omitting the entire population who might operate and/or
facilitate operation of an AED. Furthermore, Good Samaritan
protections only apply to AED lay rescuers who have undergone a
training course in how to use a defibrillator. This legislation aims
to clarify that any person who or any entity or group that legally
purchases, operates, and/or facilitates operation of an AED is
protected under current Good Samaritan p..:cvisions in the public


health law, should a problem arise from the use or non-use of this
RED.

The American Heart Association has determined that concerns over
liability are a huge barrier to AED usage. However, modern AEDs are
"highly accurate, user-friendly computerized devices."{4} Given the
simplicity of the devices, and the fact that an AED will not
administer shock to someone who does not need it, this legislation
will encourage AED use in the event of an emergency. Although action
by a person trained to properly use an AED is always preferable, when
that option is not viable, it is important to promote the
administration of emergency first aid over inaction. In the event of
sudden cardiac arrest, fast action is often the difference between
life and death.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATION:  None to the state.

EFFECTIVE DATE: This act shall take affect.  immediately.

{1} Zheng Z3, Croft 113, Giles WH, Mensah GA. "Sudden cardiac death in
the United States, 1989 to 1998." Circulation, 2001; 104: 2158-2163.

{2} Heart Disease and Stroke Statistics-2005 Update. Dallas, Texas:
American Heart Association; 2005.

{3} Aufderheide, Tom, et al. "Community Lay Rescuer Automated External
Defibrillation Programs Key State Legislative Components and
Implementation Strategies." Circulation: Journal of the American Heart
Association, 28 Feb 2006; 8.

{4} Aufderheide, Tom, et al. "Community Lay Rescuer Automated External
Defibrillation Programs Key State Legislative Components and
Implementation Strategies." Circulation: Journal of the American
Heart.Association. 28 Feb 2006; 2.

                                BILL NUMBER:A8741C

TITLE  OF  BILL:   An act to amend the public health law, in relation to
causes of action against certain businesses arising in  connection  with
the AED

PURPOSE  OR GENERAL IDEA OF BILL: This bill would remove barriers to AED
use by allowing persons to operate an AED other than as  part  of  their
employment,  who act in good faith and with reasonable care, and without
expectation of monetary compensation, even if they were not  trained  in
the use of an AED.

SUMMARY  OF  SPECIFIC  PROVISIONS: Section one amends subdivision two.of
section 3000-a of the public health law by expanding the  scope  of  the
Good  Samaritan  law  to  include any person who or entity or group that
operates and/or facilitates implementation or makes  available  resusci-
tation equipment that facilitates first aid, including an AED,

Section  two  amends  subdivision  three-of section 3000-b of the public
health law by providing that a person who operates an AED other than  as
part of or incidental to his employment or regular duties, who is acting
in good faith, with reasonable care, and without expectation of monetary
compensation,  may  provide  first aid that includes operation of an AED
without having completed training. It further provides that the  section
shall  not  limit  any  Good  Samaritan  protections provided in,section
3000-a of the public health law,
              

Section three provides the effective date.

JUSTIFICATION: Sudden cardiac arrest is one Of  the  leading  causes  of
death  in  the United States, especially among those 40 years of age and
older.(1) According to the American Heart  Association,  nearly  250,000
out-of-hospital  deaths  occur  annually.  as a result of sudden cardiac
arrest.{2} Because so many incidents  of  sudden  cardiac  arrest  occur
outside of a.hospital, with over two thirds of the episodes occurring in
homes{3), a medical professional or a person trained to administer emer-
gency  first  including  but not limited to CPR and/or use of an AED, is
rarely the first person on the scene. Thus, lay rescuers often have  the
important  and  time-sensitive task of administering primary urgent care
in the form of CPR and/or use of an AED.

Good Sam protections within the public health law  guarantee  that  any-
person  who  voluntarily  and  without  expectation of a monetary reward
provides urgently needed  medical  attention  will  not  be  liable  for
damages for harm alleged to have occurred, unless it is shown that he or
she  is guilty of negligence or intentional, misconduct. Currently, Good
Samaritan protections extend only to those  individuals  who  or  groups
that  purchase or make available resuscitation equipment such as an AED,
omitting the entire population who might operate and/or facilitate oper-
ation of an AED. Furthermore, Good Samaritan protections only  apply  to
AED  lay  rescuers  who have undergone a training course in how to use a
defibrillator. This legislation aims to clarify that any person  who  or

any entity or group that legally purchases, Operates, and/Or facilitates
operation of an AED is protected under current Good Samaritan provisions
in  the  public  health law, except where the person is guilty of negli-
gence, gross negligence or intentional misconduct.

The American Heart Association has determined that concerns over liabil-
ity  are  a  huge barrier to AED usage. However, modern AEDs are "highly
accurate, user-friendly computerized devices."{4} Given  the  simplicity
of  the  devices,  and the fact that an AED will not administer shock to
someone who does not need it, this legislation will encourage AED use in
the event of an emergency. Action by a person trained to properly use an
AED is always preferable, and it is important that persons  expected  to
operate  an  AED  as  part of or incidental to his employment or regular
duties should be trained in the use  of  an.  AED.  However,  when  that
option  is  not viable, it is important to promote the administration of
emergency first aid over  inaction.  In  the  event  of  sudden  cardiac
arrest, fast action is often the difference between life and death.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATION: None to the state.

EFFECTIVE DATE: This-act shall take effect immediately.

{1}  Zheng  Z3, Croft 113, Giles WH, Mensah GA, "Sudden cardiac death in
the United States, 1989 to 1998." Circulation, 2001; 104:  2158-2163.

{2} Heart Disease and Stroke Statistics-2005  Update.    Dallas,  Texas:
American Heart Association; 2005.

{3)  Aufderheide,  Tom, et al. "Community Lay Rescuer Automated External
Defibrillation Programs Key State Legislative Components and Implementa-
tion Strategies. Circulation: Journal of the American Heart Association,
28 Feb 2006; 8.

{4} Aufderheide, Tom, et al, "Community Lay Rescuer  Automated  External
Defibrillation Programs Key State Legislative Components and Implementa-
tion  Strategies."  Circulation:  Journal  of the American Heart Associ-
ation. 28 Feb 2006; 2.