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Assembly Bill A11458A

2009-2010 Legislative Session

Requires health clubs to provide automated external defibrillators during business hours when they are staffed

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

2009-A11458 - Details

See Senate Version of this Bill:
S8366
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §627-a, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A3798, S4485

2009-A11458 - Summary

Requires health clubs to provide automated external defibrillators during business hours when they are staffed.

2009-A11458 - Bill Text download pdf 

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

                                  11458

                          I N  A S S E M B L Y

                              June 15, 2010
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Spano) --
  read once and referred to the Committee on Health

AN ACT to amend the general business law, in relation  to  health  clubs
  providing  automated  external  defibrillators  on site during staffed
  operating hours and liability for any potential misuse

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

  Section  1. Subdivisions 1 and 3 of section 627-a of the general busi-
ness law, as added by chapter 186 of the laws of 2004,  are  amended  to
read as follows:
  1.  Every  health club as defined under paragraph b of subdivision one
of section three thousand-d of the public health law whose membership is
five hundred persons or more shall have on the  premises  at  least  one
automated  external  defibrillator  and shall have in attendance, at all
times during STAFFED business hours, at least one individual  performing
employment  or  individual acting as an authorized volunteer who holds a
valid certification of completion of a course in the study of the opera-
tion of AEDs and a valid certification of the completion of a course  in
the  training  of cardiopulmonary resuscitation provided by a nationally
recognized organization or association.
  3. [Pursuant to sections three thousand-a and three thousand-b of  the
public  health  law,  any  public access defibrillation provider, or any
employee or other agent of the provider  who,  in  accordance  with  the
provisions of this section, voluntarily and without expectation of mone-
tary compensation renders emergency medical or first aid treatment using
an  AED  which  has  been  made available pursuant to this section, to a
person who is unconscious, ill or injured, shall be liable only pursuant
to section three thousand-a of the public health law] ABSENT  A  SHOWING
OF  GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT, NO CAUSE OF ACTION
AGAINST A HEALTH CLUB OWNER/PROVIDER OF AN AED OR AN  EMPLOYEE  OF  SUCH
HEALTH  CLUB  MAY ARISE IN CONNECTION WITH THE USE OR NON-USE OF A DEFI-
BRILLATOR.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17474-01-0

2009-A11458A (ACTIVE) - Details

See Senate Version of this Bill:
S8366
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §627-a, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A3798, S4485

2009-A11458A (ACTIVE) - Summary

Requires health clubs to provide automated external defibrillators during business hours when they are staffed.

2009-A11458A (ACTIVE) - Bill Text download pdf 

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

                                11458--A

                          I N  A S S E M B L Y

                              June 15, 2010
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Spano) --
  read once and  referred  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the general business law, in relation to health clubs
  providing automated external defibrillators  on  site  during  staffed
  operating hours

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

  Section 1. Subdivision 1 of section 627-a of the general business law,
as added by chapter 186 of the laws of  2004,  is  amended  to  read  as
follows:
  1.  Every  health club as defined under paragraph b of subdivision one
of section three thousand-d of the public health law whose membership is
five hundred persons or more shall have on the  premises  at  least  one
automated  external  defibrillator  and shall have in attendance, at all
times during STAFFED business hours, at least one individual  performing
employment  or  individual acting as an authorized volunteer who holds a
valid certification of completion of a course in the study of the opera-
tion of AEDs and a valid certification of the completion of a course  in
the  training  of cardiopulmonary resuscitation provided by a nationally
recognized organization or association.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17474-02-0

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