S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9331--A
 
                           I N  A S S E M B L Y
 
                             February 29, 2024
                                ___________
 
 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
 
 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
 DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE  THOUSAND-B
 OF THE PUBLIC HEALTH LAW OR THE STATE EMERGENCY   MEDICAL SERVICES COUN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13920-04-4
 A. 9331--A                          2
 
 CIL. HOWEVER, THIS SECTION SHALL NOT PROHIBIT OPERATION OF AN AED BY THE
 FOLLOWING INDIVIDUALS:
   (A)  BY  A  HEALTH CARE PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE
 EIGHT OF THIS CHAPTER OR A PERSON CERTIFIED UNDER  THIS  ARTICLE  ACTING
 WITHIN HIS OR HER 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 HIS OR HER 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.
   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 MAY NOTIFY  THE  APPROPRIATE  REGIONAL  EMERGENCY
 SERVICES  COUNCIL  OF  THE  EXISTENCE, LOCATION AND TYPE OF ANY AED THEY
 POSSESS.
   6. (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.