Senate Bill S1324

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

                                  1324

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

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:

  Section 1. Chapter 154 of the laws  of  1921,  relating  to  the  port
authority of New York and New Jersey, is amended by adding a new article
15-B to read as follows:

                              ARTICLE XV-B

  1. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  A. "AIR TERMINAL" MEANS ANY AIR TERMINAL UNDER THE JURISDICTION OF THE
PORT AUTHORITY HAVING TEN MILLION OR MORE PASSENGERS PER YEAR.
  B. "AUTOMATED EXTERNAL DEFIBRILLATOR" MEANS A MEDICAL DEVICE, APPROVED
BY  THE  UNITED STATES FOOD AND DRUG ADMINISTRATION, THAT (I) IS CAPABLE
OF RECOGNIZING THE PRESENCE OR ABSENCE, IN  A  PATIENT,  OF  VENTRICULAR
FIBRILLATION  AND  RAPID  VENTRICULAR  TACHYCARDIA;  (II)  IS CAPABLE OF
DETERMINING, WITHOUT INTERVENTION BY AN OPERATOR, WHETHER DEFIBRILLATION
SHOULD BE PERFORMED ON THE PATIENT; (III) UPON  DETERMINING  THAT  DEFI-
BRILLATION  SHOULD  BE  PERFORMED,  AUTOMATICALLY  CHARGES  AND REQUESTS
DELIVERY OF AN ELECTRICAL IMPULSE TO THE PATIENT'S HEART; AND (IV) THEN,
UPON ACTION BY AN OPERATOR, DELIVERS AN APPROPRIATE  ELECTRICAL  IMPULSE
TO THE PATIENT'S HEART TO PERFORM DEFIBRILLATION.
  C.  "EMERGENCY  HEALTH CARE PROVIDER" MEANS (I) A PHYSICIAN WITH KNOW-
LEDGE AND EXPERIENCE IN THE DELIVERY OF EMERGENCY CARDIAC CARE; OR  (II)
A HOSPITAL THAT PROVIDES EMERGENCY CARDIAC CARE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06898-01-9
              

S. 1324                             2

  D.  "NATIONALLY-RECOGNIZED ORGANIZATION" MEANS A NATIONAL ORGANIZATION
APPROVED BY THE PORT AUTHORITY FOR THE PURPOSE OF TRAINING PEOPLE IN USE
OF AN AUTOMATED EXTERNAL DEFIBRILLATOR.
  2.  THE  PORT  AUTHORITY SHALL INSTALL AND MAINTAIN AUTOMATED EXTERNAL
DEFIBRILLATORS IN EVERY AIR TERMINAL IN  NUMEROUS  LOCATIONS  THROUGHOUT
ALL  PASSENGER  TERMINALS TO MAKE THEM READILY AVAILABLE IN THE EVENT OF
EMERGENCIES WARRANTING THEIR USE.  THE PORT AUTHORITY SHALL MAKE  TRAIN-
ING  IN  THE  USE  OF AUTOMATED EXTERNAL DEFIBRILLATORS AVAILABLE TO ALL
PERSONNEL WORKING IN PASSENGER AIR TERMINALS AND OTHER  AIRLINE  PERSON-
NEL.
  3.  POSSESSION  AND  OPERATION  OF  AUTOMATED  EXTERNAL DEFIBRILLATOR.
POSSESSION AND OPERATION OF AN AUTOMATED EXTERNAL DEFIBRILLATOR  BY  THE
PORT AUTHORITY SHALL COMPLY WITH THE FOLLOWING:
  A.  NO  PERSON  MAY OPERATE AN AUTOMATED EXTERNAL DEFIBRILLATOR UNLESS
THE PERSON HAS SUCCESSFULLY COMPLETED A TRAINING COURSE IN THE OPERATION
OF AN AUTOMATED EXTERNAL DEFIBRILLATOR APPROVED BY  A  NATIONALLY-RECOG-
NIZED ORGANIZATION OR AN APPROPRIATE STATE AGENCY, AND THE COMPLETION OF
THE  COURSE  WAS RECENT ENOUGH TO STILL BE EFFECTIVE UNDER THE STANDARDS
OF THE APPROVING ORGANIZATION. HOWEVER, THIS SECTION SHALL NOT  PROHIBIT
OPERATION  OF  AN AUTOMATED EXTERNAL DEFIBRILLATOR, (I) BY A HEALTH CARE
PRACTITIONER LICENSED OR CERTIFIED UNDER LAW OR (II) BY A PERSON  ACTING
PURSUANT TO A LAWFUL PRESCRIPTION.
  B. THE PORT AUTHORITY SHALL CAUSE THE AUTOMATED EXTERNAL DEFIBRILLATOR
TO  BE  MAINTAINED  AND  TESTED ACCORDING TO APPLICABLE STANDARDS OF THE
MANUFACTURER AND ANY APPROPRIATE GOVERNMENT AGENCY.
  C. THE PORT AUTHORITY SHALL NOTIFY  THE  APPROPRIATE  STATE  OR  LOCAL
AGENCY  OF  THE  EXISTENCE,  LOCATION AND TYPE OF ANY AUTOMATED EXTERNAL
DEFIBRILLATOR IT POSSESSES.
  D. EVERY USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR ON A PATIENT SHALL
BE IMMEDIATELY AND AUTOMATICALLY REPORTED TO THE APPROPRIATE LOCAL EMER-
GENCY MEDICAL SERVICES SYSTEM, EMERGENCY COMMUNICATIONS CENTER OR  EMER-
GENCY  VEHICLE  DISPATCH  CENTER AS APPROPRIATE AND PROMPTLY REPORTED TO
THE EMERGENCY HEALTH CARE PROVIDER.
  4. APPLICATION OF OTHER LAWS. A. OPERATION OF  AN  AUTOMATED  EXTERNAL
DEFIBRILLATOR  PURSUANT TO THIS SECTION SHALL BE CONSIDERED FIRST AID OR
EMERGENCY TREATMENT FOR THE PURPOSE OF ANY STATUTE RELATING  TO  LIABIL-
ITY.
  B.  OPERATION  OF AN AUTOMATED EXTERNAL DEFIBRILLATOR PURSUANT TO THIS
SECTION SHALL NOT CONSTITUTE THE UNLAWFUL PRACTICE OF A PROFESSION UNDER
ANY OTHER LAW.
  S 2. This act shall take effect upon the enactment  into  law  by  the
state  of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey  shall  have  already  enacted  such
legislation  this act shall take effect immediately. The chairman of the
port authority of New York and New Jersey shall notify  the  legislative
bill drafting commission upon the occurrence of the enactment of article
15-B of chapter 154 of the laws of 1921 in order that the commission may
maintain an accurate and timely effective data base of the official text
of  the  laws  of  the state of New York in furtherance of effecting the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.