senate Bill S3455

2013-2014 Legislative Session

Relates to automated defibrillator requirements

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to aging
Feb 01, 2013 referred to aging

S3455 - Bill Details

Current Committee:
Senate Aging
Law Section:
Public Health Law
Laws Affected:
Amd §4656, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4411
2009-2010: S3677

S3455 - Bill Texts

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Requires every assisted living facility to have at least one automated external defibrillator on the premises and have in attendance at all times, at least one individual certified in CPR.

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BILL NUMBER:S3455

TITLE OF BILL: An act to amend the public health law, in relation to
automated external defibrillator requirements

PURPOSE OR GENERAL IDEA OF BILL: To require automated external defi-
brillators (AEDs) at assisted living facilities.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill adds a new subdivision 9 to § 4656 of the Public
Health Law requiring assisted living facilities to have AEDs.

Section 2 of the bill is the effective date.

JUSTIFICATION: It is the policy of some assisted living facilities to
refrain from administering first aid or CPR to a stricken resident until
an ambulance or paramedics arrive at the facility. This bill is neces-
sary to require assisted living facilities to treat unwell residents
prior to the arrival of an ambulance, thereby saving lives.

PRIOR LEGISLATIVE HISTORY: 2011/12: S. 4411 Aging Committee 2010:
S.3677 Aging Cmte./Notice of Committee Consideration Requested; Reported
and Committed to Codes Cmte. 2009: S.3677 2008: S.8034 Aging Cmte.

FISCAL IMPLICATIONS: None to state or local government.

EFFECTIVE DATE: This bill takes effect on the one hundred eightieth day
after it shall have become law.

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

                                  3455

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT to amend the public health law, in relation to automated external
  defibrillator requirements

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

  Section  1. Section 4656 of the public health law, as added by chapter
2 of the laws of 2004, is amended by adding a new subdivision 9 to  read
as follows:
  9.  (A)  EVERY  ASSISTED  LIVING  FACILITY LICENSED UNDER THIS ARTICLE
SHALL HAVE ON THE PREMISES AT LEAST ONE AUTOMATED  EXTERNAL  DEFIBRILLA-
TOR,  AS  DEFINED  IN  PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE
THOUSAND-B OF THIS CHAPTER, AND SHALL HAVE IN ATTENDANCE AT ALL TIMES 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 OPERATION OF AUTOMATED  EXTERNAL  DEFIBRILLA-
TORS  AND  A  VALID  CERTIFICATION  OF THE COMPLETION OF A COURSE IN THE
TRAINING OF  CARDIOPULMONARY  RESUSCITATION  PROVIDED  BY  A  NATIONALLY
RECOGNIZED  ORGANIZATION  OR ASSOCIATION. THE COMMISSIONER SHALL PROMUL-
GATE REGULATIONS TO  DETERMINE  THE  QUANTITY  AND  TYPE  DEEMED  TO  BE
ADEQUATE  TO ENSURE READY AND APPROPRIATE ACCESS FOR USE DURING EMERGEN-
CIES TAKING INTO ACCOUNT THE SIZE AND OCCUPANCY OF EACH FACILITY AND ANY
OTHER MATTER DEEMED NECESSARY BY THE COMMISSIONER TO EFFECTUATE THE DUTY
PRESCRIBED BY THIS SUBDIVISION. SUCH REGULATIONS SHALL ALSO PROVIDE  FOR
A PHASE-IN SCHEDULE OF THE DUTY CREATED BY THIS SUBDIVISION.
  (B)  ASSISTED LIVING FACILITIES AND STAFF PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION SHALL BE DEEMED A "PUBLIC ACCESS DEFIBRILLATION PROVID-
ER" AS DEFINED IN PARAGRAPH (C) OF  SUBDIVISION  ONE  OF  SECTION  THREE
THOUSAND-B  OF THIS CHAPTER AND SHALL BE SUBJECT TO THE REQUIREMENTS AND
LIMITATION OF SUCH SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08643-01-3

S. 3455                             2

  (C) PURSUANT TO SECTIONS THREE THOUSAND-A AND THREE THOUSAND-B OF THIS
CHAPTER, 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  MONETARY  COMPEN-
SATION  RENDERS  EMERGENCY MEDICAL OR FIRST AID TREATMENT USING AN AUTO-
MATED EXTERNAL DEFIBRILLATOR 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 THIS CHAPTER.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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