S T A T E O F N E W Y O R K
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9331--B
I N A S S E M B L Y
February 29, 2024
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Introduced by M. of A. OTIS -- read once and referred to the Committee
on Education -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the education law, in relation to requiring on-site
cardiac automated external defibrillators for nonpublic schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 917-a
to read as follows:
§ 917-A. ON-SITE CARDIAC AUTOMATED EXTERNAL DEFIBRILLATOR IN NONPUBLIC
SCHOOLS. 1. NONPUBLIC SCHOOLS SHALL PROVIDE AND MAINTAIN ON-SITE IN EACH
INSTRUCTIONAL SCHOOL FACILITY AUTOMATED EXTERNAL DEFIBRILLATOR (AED)
EQUIPMENT, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
THREE THOUSAND-B OF THE PUBLIC HEALTH LAW, IN QUANTITIES AND TYPES
DEEMED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH TO BE ADEQUATE TO ENSURE READY AND APPROPRIATE ACCESS FOR USE
DURING EMERGENCIES. NONPUBLIC SCHOOLS SHALL CAUSE SUCH AED TO BE MAIN-
TAINED AND TESTED ACCORDING TO SUCH APPLICABLE STANDARDS OF THE MANUFAC-
TURER AND ANY APPROPRIATE GOVERNMENT AGENCY.
2. WHENEVER NONPUBLIC SCHOOL FACILITIES PURSUANT TO SUBDIVISION ONE OF
THIS SECTION ARE USED FOR SCHOOL-SPONSORED OR SCHOOL-APPROVED CURRICULAR
OR EXTRACURRICULAR EVENTS OR ACTIVITIES AND WHENEVER A SCHOOL-SPONSORED
ATHLETIC CONTEST IS HELD AT ANY LOCATION, THE NONPUBLIC SCHOOL OFFICIALS
AND ADMINISTRATORS RESPONSIBLE FOR SUCH SCHOOL FACILITY OR ATHLETIC
CONTEST SHALL ENSURE THE PRESENCE OF AT LEAST ONE STAFF PERSON WHO IS
TRAINED, PURSUANT TO SUBDIVISION THREE OF THIS SECTION IN THE OPERATION
AND USE OF AN AED. WHERE A SCHOOL-SPONSORED COMPETITIVE ATHLETIC EVENT
IS HELD AT A SITE OTHER THAN A NONPUBLIC SCHOOL FACILITY, THE NONPUBLIC
SCHOOL OFFICIALS SHALL ENSURE THAT AED EQUIPMENT IS PROVIDED ON-SITE.
3. NO PERSON MAY OPERATE AN AED IN A NONPUBLIC SCHOOL FACILITY UNLESS
THE PERSON HAS SUCCESSFULLY COMPLETED A TRAINING COURSE IN THE OPERATION
OF AN AED APPROVED BY A NATIONALLY-RECOGNIZED ORGANIZATION AS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13920-09-4
A. 9331--B 2
DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-B
OF THE PUBLIC HEALTH LAW OR THE STATE EMERGENCY MEDICAL SERVICES COUN-
CIL. HOWEVER, THIS SECTION SHALL NOT PROHIBIT OPERATION OF AN AED:
(A) BY A HEALTH CARE PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE
EIGHT OF THIS CHAPTER OR A PERSON CERTIFIED UNDER ARTICLE THIRTY OF THE
PUBLIC HEALTH LAW ACTING WITHIN THEIR LAWFUL SCOPE OF PRACTICE;
(B) BY A PERSON ACTING PURSUANT TO A LAWFUL PRESCRIPTION; OR
(C) BY A PERSON WHO OPERATES THE AED OTHER THAN AS PART OF OR INCI-
DENTAL TO THEIR EMPLOYMENT OR REGULAR DUTIES, WHO IS ACTING IN GOOD
FAITH, WITH REASONABLE CARE, AND WITHOUT EXPECTATION OF MONETARY COMPEN-
SATION, TO PROVIDE FIRST AID THAT INCLUDES OPERATION OF AN AED; NOR
SHALL THIS SECTION LIMIT ANY GOOD SAMARITAN PROTECTIONS PROVIDED IN
SECTION THREE THOUSAND-A OF THE PUBLIC HEALTH LAW.
4. EVERY USE OF AN AED ON A PATIENT IN A NONPUBLIC SCHOOL SHALL BE
IMMEDIATELY REPORTED TO THE APPROPRIATE LOCAL EMERGENCY MEDICAL SERVICES
SYSTEM, EMERGENCY COMMUNICATIONS CENTER OR EMERGENCY VEHICLE DISPATCH
CENTER, AS APPROPRIATE.
5. NONPUBLIC SCHOOLS SHALL NOTIFY THE APPROPRIATE REGIONAL EMERGENCY
SERVICES COUNCIL OF THE EXISTENCE, LOCATION AND TYPE OF ANY AED THEY
POSSESS.
6. A NONPUBLIC SCHOOL SHALL POST A SIGN OR NOTICE AT THE MAIN ENTRANCE
TO THE FACILITY OR BUILDING IN WHICH THE AUTOMATED EXTERNAL DEFIBRILLA-
TOR IS STORED, INDICATING THE LOCATION WHERE ANY SUCH AUTOMATED EXTERNAL
DEFIBRILLATOR IS STORED OR MAINTAINED IN SUCH BUILDING OR FACILITY ON A
REGULAR BASIS.
7. (A) OPERATION OF AN AED PURSUANT TO THIS SECTION IN A NONPUBLIC
SCHOOL SHALL BE CONSIDERED FIRST AID OR EMERGENCY TREATMENT FOR THE
PURPOSE OF ANY STATUTE RELATING TO LIABILITY; AND
(B) OPERATION OF AN AED PURSUANT TO THIS SECTION IN A NONPUBLIC SCHOOL
SHALL NOT CONSTITUTE THE UNLAWFUL PRACTICE OF A PROFESSION UNDER TITLE
EIGHT OF THIS CHAPTER.
§ 2. This act shall take effect July 1, 2025. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.