Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 3000-D
Availability of resuscitation equipment in certain public places
Public Health (PBH) CHAPTER 45, ARTICLE 30
§ 3000-d. Availability of resuscitation equipment in certain public
places. 1. For the purposes of this section, the following terms shall
be defined as follows:

a. "Bar" means any establishment which is devoted to the sale and
service of alcoholic beverages for on-premises consumption and in which
the service of food, if served at all, is incidental to the consumption
of such beverages.

b. "Health club" means any commercial establishment offering
instruction, training or assistance and/or the facilities for the
preservation, maintenance, encouragement or development of physical
fitness or well-being. "Health club" as defined herein shall include,
but not be limited to health spas, health studios, gymnasiums, weight
control studios, martial arts and self-defense schools or any other
commercial establishment offering a similar course of physical training.

c. "Owner or operator" means the owner, manager, operator or other
person having control of an establishment.

d. "Public place" means a restaurant, bar, theater or health club.

e. "Restaurant" means any commercial eating establishment which is
devoted, wholly or in part, to the sale of food for on-premises
consumption.

f. "Resuscitation equipment" means: (i) an adult exhaled air
resuscitation mask, for which the federal food and drug administration
has granted permission to market, accompanied by a pair of disposable
gloves, and (ii) a pediatric exhaled air resuscitation mask, for which
the federal food and drug administration has granted permission to
market, accompanied by a pair of disposable gloves.

g. "Theater" means a motion picture theater, concert hall, auditorium
or other building used for, or designed for the primary purpose of,
exhibiting movies, stage dramas, musical recitals, dance or other
similar performances.

2. The owner or operator of a public place shall have available in
such public place resuscitation equipment in quantities deemed adequate
by the department. Such equipment shall be readily accessible for use
during medical emergencies. Any information deemed necessary by the
commissioner shall accompany the resuscitation equipment. Resuscitation
equipment shall be discarded after a single use.

3. The owner or operator of a public place shall provide notice to
patrons, by means of signs, printed material or other means of written
communication, indicating the availability of resuscitation equipment
for emergency use and providing information on how to obtain
cardiopulmonary resuscitation training. The type, size, style, location
and language of such notice shall be determined in accordance with
rules, promulgated by the commissioner. In promulgating such rules, the
commissioner shall take into consideration the concerns of the public
places within the scope of this section. If the department shall make
signs available pursuant to this subdivision, it may charge a fee to
cover printing, postage and handling expenses.

4. Any owner or operator of a public place, his or her employee or
other agent, or any other person who voluntarily and without expectation
of monetary compensation renders emergency treatment using the
resuscitation equipment required pursuant to this section, to a person
who is unconscious, ill or injured, shall only be liable pursuant to
section three thousand-a of this article.

5. Nothing contained in this section shall impose any duty or
obligation on any owner or operator of a public place, his or her
employee or other agent, or any other person to provide resuscitation
assistance to the victim of a medical emergency.

6. Nothing in this section shall be construed to restrict the power of
any county, city, town, or village to adopt and enforce additional local
laws, ordinances, or regulations which comply with at least the minimum
applicable standards set forth in this article.