§ 3000-b. Automated external defibrillators: Public access providers.
1. Definitions. As used in this section, unless the context clearly
requires otherwise, the following terms shall 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
ventricular fibrillation and rapid ventricular tachycardia; (ii) is
capable of determining, without intervention by an operator, whether
defibrillation should be performed on the patient; (iii) upon
determining that defibrillation should be performed, automatically
charges and requests delivery of an electrical impulse to the patient's
heart; and (iv) then, upon action by an operator, delivers an
appropriate electrical impulse to the patient's heart to perform
defibrillation.

(b) "Emergency health care provider" means (i) a physician with
knowledge and experience in the delivery of emergency cardiac care; (ii)
a physician assistant or nurse practitioner with knowledge and
experience in the delivery of emergency cardiac care, and who is acting
within his or her scope of practice; or (iii) a hospital licensed under
article twenty-eight of this chapter that provides emergency cardiac
care.

(c) "Public access defibrillation provider" means a person, firm,
organization or other entity possessing or operating an automated
external defibrillator pursuant to a collaborative agreement under this
section.

(d) "Nationally-recognized organization" means a national organization
approved by the department for the purpose of training people in use of
an automated external defibrillator.

2. Collaborative agreement. A person, firm, organization or other
entity may purchase, acquire, possess and operate an automated external
defibrillator pursuant to a collaborative agreement with an emergency
health care provider. The collaborative agreement shall include a
written agreement and written practice protocols, and policies and
procedures that shall assure compliance with this section. The public
access defibrillation provider shall file a copy of the collaborative
agreement with the department and with the appropriate regional council
prior to operating the automated external defibrillator.

3. Possession and operation of automated external defibrillator.
Possession and operation of an automated external defibrillator by a
public access defibrillation provider shall comply with the following:

(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-recognized organization or the state emergency medical
services council. However, this section shall not prohibit 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
thousand-a of this article.

(b) The public access defibrillation provider shall cause the
automated external defibrillator to be maintained and tested according
to applicable standards of the manufacturer and any appropriate
government agency.

(c) The public access defibrillation provider shall notify the
regional council of the existence, location and type of any automated
external defibrillator it possesses.

(d) Every use of an automated external defibrillator on a patient
shall be immediately reported to the appropriate local emergency medical
services system, emergency communications center or emergency vehicle
dispatch center as appropriate and promptly reported to the emergency
health care provider.

(e) The emergency health care provider shall participate in the
regional quality improvement program pursuant to subdivision one of
section three thousand four-a of this article.

(f) The public access defibrillation provider shall post a sign or
notice at the main entrance to the facility or building in which the
automated external defibrillator is stored, indicating the location
where any such automated external defibrillator is stored or maintained
in such building or facility on a regular basis.

4. Application of other laws. (a) Operation of an automated external
defibrillator pursuant to this section shall be considered first aid or
emergency treatment for the purpose of any statute relating to
liability.

(b) Operation of an automated external defibrillator pursuant to this
section shall not constitute the unlawful practice of a profession under
title VIII of the education law.