Assembly Bill A10322

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10322
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Otis) --
   read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation  to  requiring  camps
   and youth leagues to have automated external defibrillators
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 3000-e to read as follows:
   §  3000-E.  AUTOMATED EXTERNAL DEFIBRILLATOR; CAMPS AND YOUTH LEAGUES.
 1. DEFINITIONS.  AS USED IN THIS SECTION,  UNLESS  THE  CONTEXT  CLEARLY
 REQUIRES OTHERWISE, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
   (A)   "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 VENTRICU-
 LAR FIBRILLATION AND RAPID VENTRICULAR TACHYCARDIA; (II) IS  CAPABLE  OF
 DETERMINING, WITHOUT INTERVENTION BY AN OPERATOR, WHETHER DEFIBRILLATION
 SHOULD  BE PERFORMED ON A PATIENT; (III) UPON DETERMINING THAT DEFIBRIL-
 LATION SHOULD BE PERFORMED, AUTOMATICALLY CHARGES AND REQUESTS  DELIVERY
 OF  AN  ELECTRICAL  IMPULSE  TO  A  PATIENT'S HEART; AND (IV) THEN, UPON
 ACTION BY AN OPERATOR, DELIVERS AN APPROPRIATE ELECTRICAL IMPULSE  TO  A
 PATIENT'S HEART TO PERFORM DEFIBRILLATION.
   (B)  "TRAINING  COURSE" MEANS A COURSE APPROVED BY A NATIONALLY-RECOG-
 NIZED ORGANIZATION OR THE STATE EMERGENCY MEDICAL  SERVICES  COUNCIL  IN
 THE OPERATION OF AUTOMATED EXTERNAL DEFIBRILLATORS.
   (C) "NATIONALLY-RECOGNIZED ORGANIZATION" MEANS A NATIONAL ORGANIZATION
 APPROVED  BY THE DEPARTMENT FOR THE PURPOSE OF TRAINING PEOPLE IN USE OF
 AN AUTOMATED EXTERNAL DEFIBRILLATOR.
   (D) "CAMP" MEANS A CHILDREN'S OVERNIGHT  CAMP,  SUMMER  DAY  CAMP,  OR
 TRAVELING  SUMMER DAY CAMP AS SUCH TERMS ARE DEFINED IN SECTION THIRTEEN
 HUNDRED NINETY-TWO OF THIS CHAPTER.
   (E) "YOUTH LEAGUE" MEANS YOUTH RECREATION SPORTS  LEAGUES  OTHER  THAN
 THE  PUBLIC  SCHOOL  LEAGUES,  INCLUDING SCHOOL LEAGUES, LITTLE LEAGUES,
 COMMUNITY BASED ORGANIZATION LEAGUES, AND UNAFFILIATED LEAGUES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14491-01-2
              

 A. 10322                            2
 
   (F) "YOUTH RECREATION" MEANS ATHLETIC ACTIVITY WITH  PARTICIPANTS  WHO
 ARE  ALL  SEVENTEEN  YEARS OLD OR YOUNGER AND SHALL INCLUDE GRADE SCHOOL
 THROUGH HIGH SCHOOL ATHLETIC PROGRAMS  REGARDLESS  OF  THE  AGE  OF  THE
 PARTICIPANTS.
   2. A CAMP OR YOUTH LEAGUE SHALL:
   (A)  MAKE AVAILABLE AN AUTOMATED EXTERNAL DEFIBRILLATOR AT EVERY CAMP,
 GAME AND PRACTICE; AND
   (B) ENSURE THAT THERE IS AT  LEAST  ONE  EMPLOYEE,  VOLUNTEER,  COACH,
 UMPIRE  OR  OTHER QUALIFIED ADULT WHO IS PRESENT AT EACH SUCH CAMP, GAME
 AND PRACTICE WHO HAS SUCCESSFULLY COMPLETED  A  TRAINING  COURSE  WITHIN
 TWENTY-FOUR MONTHS OF EACH SUCH CAMP SESSION, GAME AND PRACTICE.
   3.  (A)  NO  PERMITS  OR  OTHER CERTIFICATIONS SHALL BE ISSUED FOR THE
 OPERATION OF ANY CAMP OR FOR THE USE OF ANY PUBLIC  FACILITY,  INCLUDING
 PARKS  AND RECREATIONAL FACILITIES OWNED BY THE STATE OR A MUNICIPALITY,
 BY A YOUTH LEAGUE UNLESS SUCH CAMP OR YOUTH  LEAGUE  CERTIFIES  THAT  IT
 WILL  COMPLY  WITH  PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION FOR
 THE DURATION OF THE SEASON FOR WHICH  THE  PERMIT  OR  CERTIFICATION  IS
 SOUGHT.
   (B)  EACH  CAMP  AND  YOUTH  LEAGUE  SHALL  MAINTAIN  RECORDS  THAT IT
 POSSESSES A SUFFICIENT NUMBER OF AUTOMATED  EXTERNAL  DEFIBRILLATORS  TO
 MEET  THE  REQUIREMENTS  OF  PARAGRAPH  (B)  OF  SUBDIVISION TWO OF THIS
 SECTION FOR THREE YEARS FROM THE DATE  SUCH  CAMP  LEAGUE  RECEIVES  THE
 PERMIT OR CERTIFICATION THAT WAS THE SUBJECT OF THE APPLICATION.
   (C)  ANY  PERSON  WHO  VOLUNTARILY AND WITHOUT EXPECTATION OF MONETARY
 COMPENSATION RENDERS FIRST AID OR EMERGENCY TREATMENT USING AN AUTOMATED
 EXTERNAL DEFIBRILLATOR THAT HAS BEEN MADE  AVAILABLE  PURSUANT  TO  THIS
 SECTION,  TO  A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED, AND ANY INDI-
 VIDUAL OR ENTITY THAT PURCHASES OR MAKES AVAILABLE AN AUTOMATED EXTERNAL
 DEFIBRILLATOR AS REQUIRED BY THIS SECTION, IS ENTITLED TO THE LIMITATION
 OF LIABILITY PROVIDED IN SECTION THREE THOUSAND-A OF THIS ARTICLE.
   4. (A) NOTHING CONTAINED IN THIS SECTION IMPOSES  ANY  DUTY  OR  OBLI-
 GATION  ON  ANY  PERSON TO PROVIDE ASSISTANCE WITH AN AUTOMATED EXTERNAL
 DEFIBRILLATOR TO A VICTIM OF A MEDICAL EMERGENCY.
   (B) NOTHING CONTAINED IN  THIS  SECTION  AFFECTS  THE  OBLIGATIONS  OR
 LIABILITY  OF EMERGENCY HEALTH PROVIDERS PURSUANT TO SECTION THREE THOU-
 SAND-B OF THIS ARTICLE.
   5. (A) ANY CAMP OR YOUTH LEAGUE THAT VIOLATES THE PROVISIONS OF  PARA-
 GRAPH  (B)  OF  SUBDIVISION TWO OR PARAGRAPH (B) OF SUBDIVISION THREE OF
 THIS SECTION SHALL RECEIVE A WARNING FOR A FIRST VIOLATION AND SHALL  BE
 LIABLE  FOR  A CIVIL PENALTY OF ONE THOUSAND DOLLARS FOR EACH SUBSEQUENT
 VIOLATION.
   (B) NO PERMIT OR CERTIFICATION SHALL BE ISSUED TO ANY  CAMP  OR  YOUTH
 LEAGUE  THAT  HAS  A PAST DUE OUTSTANDING PENALTY FOR A VIOLATION ISSUED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   6. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO PROMULGATE ANY RULES
 AS MAY BE NECESSARY FOR THE PURPOSES OF CARRYING OUT THE  PROVISIONS  OF
 THIS SECTION.
   § 2. This act shall take effect immediately.