Legislation

§ 3000-b. Automated external defibrillators: Public access providers.
1. 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 is
capable with or without intervention by an operator of: recognizing the
presence or absence, in a patient, of ventricular fibrillation and rapid
ventricular tachycardia; determining whether defibrillation should be
performed on the patient; upon determining that defibrillation should be
performed, automatically charging; and delivering an appropriate
electrical impulse to the patient's heart to perform defibrillation.

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

2. A person, firm, organization or other entity may purchase, acquire,
possess and operate an automated external defibrillator pursuant to this
section. Operation of an automated external defibrillator under this
section shall be authorized in accordance with regulations promulgated
by the department.

3. A public access defibrillation provider in possession of an
automated external defibrillator shall comply with the following
requirements, in a manner prescribed by the department:

(a) The public access defibrillation provider shall provide training
in the use of an automated external defibrillator and cardiopulmonary
resuscitation consistent with standards approved by the department,
including but not limited to programs developed or authorized by the
department or determined by the department to be consistent with
accepted standards of practice. At least one individual associated with
the public access defibrillation provider shall be designated to receive
such training and to be familiar with the operation and routine
maintenance of the automated external defibrillator.

(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) (i) The public access defibrillation provider shall register the
existence, location and type of any automated external defibrillator it
possesses with the department.

(ii) The department shall establish and maintain an electronic
database, accessible to the public, containing information collected
under this paragraph. The database shall include the location and type
of each automated external defibrillator reported to the department.

(d) Every use of an automated external defibrillator on a patient
shall be immediately reported to the appropriate local emergency medical
services system or public safety answering point.

(e) The public access defibrillator provider shall report data related
to the use of automated external defibrillators to the department. When
available, the department shall incorporate data related to patient
health outcomes, response times, whether a bystander administered CPR or
used an automated external defibrillator, and any other information
deemed appropriate by the commissioner into statewide or regional
quality improvement and cardiac arrest surveillance programs, including
participation in nationally recognized registries, as determined by the
department. Confidential patient information shall be deidentified prior
to incorporation.

(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. 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 and shall not constitute
the unlawful practice of a profession under title VIII of the education
law.

5. Any manufacturer, distributor, retailer, or reseller that sells or
otherwise transfers an automated external defibrillator for use in this
state shall, at the time of sale or transfer, provide the purchaser with
written or electronic notice of applicable requirements under this
section, including registration, maintenance, and reporting obligations,
in a form prescribed by the department.