Senate Bill S7603

                                 BILL NUMBER:  S7603

 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 resuscitation 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
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 provisions in the public health
law, except where the person is guilty of negligence, gross negligence
or intentional misconduct.

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. 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.
 FOOTNOTES :
(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.