Bill Text: NY S04736 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires all assisted living facilities to have a defibrillator, requires that at least two persons on each shift at assisted living facilities be trained in CPR, requires that CPR must be performed when needed and provides that anyone who in good faith performs CPR will be exempt from any liability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HEALTH [S04736 Detail]

Download: New_York-2013-S04736-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4736
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 19, 2013
                                      ___________
       Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health law,  in  relation  to  requiring  all
         assisted  living facilities to have a defibrillator, requiring that at
         least two persons on each  shift  at  assisted  living  facilities  be
         trained  in  CPR, requiring that CPR must be performed when needed and
         providing that anyone who in good faith performs CPR  will  be  exempt
         from any liability
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding  a  new  section
    2  3000-e to read as follows:
    3    S  3000-E.  AUTOMATED  EXTERNAL  DEFIBRILLATORS; ASSISTED LIVING RESI-
    4  DENCE.  1.  EACH  ASSISTED  LIVING  RESIDENCE,  AS  DEFINED  IN  SECTION
    5  FORTY-SIX  HUNDRED FIFTY-ONE OF THIS CHAPTER, SHALL BE EQUIPPED WITH AND
    6  MAINTAIN AUTOMATED EXTERNAL DEFIBRILLATORS AS DEFINED IN  PARAGRAPH  (A)
    7  OF  SUBDIVISION  ONE  OF  SECTION  THREE THOUSAND-B OF THIS ARTICLE. THE
    8  OWNERS OR OPERATORS OF SUCH ASSISTED LIVING RESIDENCE SHALL PROVIDE SUCH
    9  AUTOMATED EXTERNAL DEFIBRILLATORS IN QUANTITIES DEEMED NECESSARY BY  THE
   10  COMMISSIONER.  SUCH EQUIPMENT SHALL BE READILY ACCESSIBLE FOR USE DURING
   11  MEDICAL EMERGENCIES. ANY INFORMATION DEEMED NECESSARY BY THE COMMISSION-
   12  ER SHALL ACCOMPANY SUCH EQUIPMENT.
   13    2. A MINIMUM OF TWO EMPLOYEES ON EACH WORK SHIFT AT AN ASSISTED LIVING
   14  FACILITY SHALL BE TRAINED IN CARDIOPULMONARY RESUSCITATION (CPR) AND  IN
   15  THE USE OF THE FACILITY DEFIBRILLATORS BY A NATIONALLY-RECOGNIZED ORGAN-
   16  IZATION, AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE
   17  THOUSAND-B OF THIS ARTICLE. CARDIOPULMONARY RESUSCITATION (CPR) MEASURES
   18  SHALL  BE  TAKEN  IN  EVERY  INSTANCE WHEN THEY ARE WARRANTED; PROVIDED,
   19  HOWEVER, THAT NO SUCH MEASURES NEED BE  TAKEN  ON  ANY  PERSON  WHO  HAS
   20  PREVIOUSLY FILED A VALIDLY-EXECUTED "DO NOT RESUSCITATE", WHETHER INCOR-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09904-01-3
       S. 4736                             2
    1  PORATED  IN A LIVING WILL OR NOT, ORDER WITH THE ASSISTED LIVING FACILI-
    2  TY.
    3    3.  ANY  PERSON  WHO, IN GOOD FAITH, PERFORMS CARDIOPULMONARY RESUSCI-
    4  TATION (CPR) PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE  EXEMPT
    5  FROM  ANY CIVIL OR CRIMINAL LIABILITY ARISING FROM HIS OR HER ACTIONS IN
    6  PERFORMING THE CARDIOPULMONARY RESUSCITATION (CPR).
    7    S 2. This act shall take effect on the one hundred eightieth day after
    8  it shall have become a law; provided, however that effective  immediate-
    9  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   10  necessary for the implementation of this act on its effective  date  are
   11  authorized  and  directed  to  be  made  and completed on or before such
   12  effective date.