Bill Text: NY S08409 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires nonpublic schools provide and maintain on-site automatic external defibrillator (AED) equipment on school grounds and assure that AED equipment is available for off-site curricular events, extracurricular events or school-sponsored athletic events.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-05-30 - referred to ways and means [S08409 Detail]

Download: New_York-2023-S08409-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8409

                    IN SENATE

                                    January 29, 2024
                                       ___________

        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education

        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:

     1    Section 1. The education law is amended by adding a new section  917-a
     2  to read as follows:
     3    § 917-a. On-site cardiac automated external defibrillator in nonpublic
     4  schools. 1. Nonpublic schools shall provide and maintain on-site in each
     5  instructional  school  facility  automated  external defibrillator (AED)
     6  equipment, as defined in paragraph (a) of  subdivision  one  of  section
     7  three  thousand-b  of  the  public  health  law, in quantities and types
     8  deemed by the commissioner in  consultation  with  the  commissioner  of
     9  health  to  be  adequate  to ensure ready and appropriate access for use
    10  during emergencies.  Nonpublic schools shall cause such AED to be  main-
    11  tained and tested according to such applicable standards of the manufac-
    12  turer and any appropriate government agency.
    13    2. Whenever nonpublic school facilities pursuant to subdivision one of
    14  this section are used for school-sponsored or school-approved curricular
    15  or  extracurricular events or activities and whenever a school-sponsored
    16  athletic contest is held at any location, the nonpublic school officials
    17  and administrators responsible for  such  school  facility  or  athletic
    18  contest  shall  ensure  the presence of at least one staff person who is
    19  trained, pursuant to subdivision three of this section in the  operation
    20  and  use  of an AED. Where a school-sponsored competitive athletic event
    21  is held at a site other than a nonpublic school facility, the  nonpublic
    22  school officials shall ensure that AED equipment is provided on-site.
    23    3.  No person may operate an AED in a nonpublic school facility unless
    24  the person has successfully completed a training course in the operation
    25  of an    AED    approved     by a nationally-recognized organization  as
    26  defined  in paragraph (d) of subdivision one of section three thousand-b
    27  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.
                                                                   LBD13920-01-3
        S. 8409                             2

     1  cil. However, this section shall not prohibit operation of an AED by the
     2  following individuals:
     3    (a)  by  a  health care practitioner licensed or certified under title
     4  eight of this chapter or a person certified under  this  article  acting
     5  within his or her lawful scope of practice;
     6    (b) by a person acting pursuant to a lawful prescription; or
     7    (c)  by  a  person who operates the AED other than as part of or inci-
     8  dental to his or her employment or regular duties, who is acting in good
     9  faith, with reasonable care, and without expectation of monetary compen-
    10  sation, to provide first aid that includes operation of an AED.
    11    4. (a) Operation of an AED pursuant to this  section  in  a  nonpublic
    12  school  shall  be  considered  first  aid or emergency treatment for the
    13  purpose of any statute relating to liability; and
    14    (b) Operation of an AED pursuant to this section in a nonpublic school
    15  shall not constitute the unlawful practice of a profession  under  title
    16  eight of this chapter.
    17    §  2.  This act shall take effect July 1, 2025. Effective immediately,
    18  the addition, amendment and/or repeal of any rule or  regulation  neces-
    19  sary  for  the  implementation  of  this  act  on its effective date are
    20  authorized to be made and completed on or before such date.