senate Bill S2387

2011-2012 Legislative Session

Relates to permitting the possession of external defibrillators by certain persons

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to health
returned to senate
died in assembly
Feb 14, 2011 referred to health
delivered to assembly
passed senate
Feb 07, 2011 advanced to third reading
Feb 01, 2011 2nd report cal.
Jan 31, 2011 1st report cal.44
Jan 19, 2011 referred to health

Votes

view votes

Co-Sponsors

view additional co-sponsors

S2387 - Bill Details

See Assembly Version of this Bill:
A6161
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง3000-b, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S3044

S2387 - Bill Texts

view summary

Relates to permitting the possession of external defibrillators by a health care practitioner licensed or certified under title VIII of the education law or a person certified under this article acting within his or her lawful scope of practice or by a person acting pursuant to a lawful prescription.

view sponsor memo
BILL NUMBER:S2387

TITLE OF BILL:
An act
to amend the public health law, in relation to the possession of
external defibrillators(AED)

PURPOSE:
To allow emergency medical technicians to carry an AED in their
personal vehicles at the request of the emergency medical service
provider and to ensure that they be equipped to act as an emergency
first responder to cardiac emergencies.

SUMMARY OF PROVISIONS:
Section 1 amends subparagraph (a) of paragraph (3) section 3000-b of
the public health law to add "possession or" to expand the freedom
of licensed medical providers to carry and use an AED.

EXISTING LAW:
Under current law there is no exception for an EMT to posses and use
an AED while off duty without being licensed as an public access
defibrillator provider through the establishment of a collaborative
agreement as outlined by public health law paragraph (2) section
3000-b.

JUSTIFICATION:
Under the current law an emergency medical service provider cannot
equip off duty emergency medical technicians with an AED without
establishing the technician as a public access defibrillator
provider. The current requirements have greatly undermined the
ability for these individuals to act as efficiently equipped
emergency first responders whom are especially important in rural New
York. With cardiovascular disease as a top natural killer of adults,
it is imperative that our emergency medical technicians can act as
effective first responders for such sensitive crises. In the event of
a heart attack or similar cardiovascular emergency the period of time
that an individual has to receive treatment before catastrophic
damage or even death is incredibly short. Hence, it is of the utmost
importance that medical treatment is administered expediently and in
many cases an individual first responder can arrive on a scene before
anyone else. It logically follows that an emergency medical
technician that acts as a first responder while off duty should be
equipped with an AED and allowed to carry the AED in their private
vehicles.

LEGISLATIVE HISTORY:
S.3044 of 2009-10; S.3027 of 2008-08.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2387

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD,  DeFRANCISCO,  HANNON,  JOHNSON,  LARKIN,
  O'MARA, RANZENHOFER, SALAND -- 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 the possession of
  external defibrillators

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

  Section  1.  Paragraph  (a)  of subdivision 3 of section 3000-b of the
public health law, as amended by chapter 243 of the  laws  of  2010,  is
amended to read as follows:
  (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  the  state  emergency medical services council.
However, this section shall not prohibit THE POSSESSION OR operation  of
an  automated  external defibrillator, (i) by a health care practitioner
licensed or certified under title VIII of the education law or a  person
certified  under  this  article acting within his or her lawful scope of
practice; (ii) by a person acting pursuant to a lawful prescription;  or
(iii)  by  a  person  who  operates the automated external defibrillator
other than as part of or incidental to his or her employment or  regular
duties,  who  is acting in good faith, with reasonable care, and without
expectation of monetary compensation, to provide first aid that includes
operation of an automated external defibrillator; nor shall this section
limit any good samaritan protections provided  in  section  three  thou-
sand-a of this article.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05746-01-1

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.