New York State AED Law

 Summary of Requirements
AED-Check.jpg Physician Must have involvement of a licensed physician to ensure compliance.
AED-Check.jpg CPR/AED Training No person may operate an AED unless the person has successfully completed a training course in the operation of an AED approved by a nationally-recognized organization or the state emergency medical services council, and the completion of the course was recent enough to still be effective under the standards of the approving organization. Personnel trained in AED response and use will have annual updates to ensure the ability to adequately operate the equipment, should the need arise. An approved NYS DOH training program will be utilized. Training must be ongoing in order to instill knowledge and skills regarding CPR.
AED-Check.jpg EMS Notification The public access defibrillation provider shall notify the regional council of the existence, location and type of any automated external defibrillator it possesses.
AED-Check.jpg Maintenance Program 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. Every use of an AED shall be promptly reported to the emergency health care provider. There are additional requirements for entities establishing an AED program in New York City.
 AED-Check.jpg Notification of Use Every use of an AED 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.
 Good Samaritan Protection
Rescuer Purchaser Property Owner Physician Trainer
AED-Check.jpg AED-Check.jpg  No Current Legislation AED-Check.jpg  No Current Legislation
Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency outside a hospital, doctor’s office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person. The operation of an AED pursuant to this section (3000) shall be considered first aid or emergency treatment for the purpose of any statute relating to liability.

A person who, or entity, partnership, corporation, firm or society that, purchases or makes available resuscitation equipment that facilitates first aid, as required by law or local law, shall not be liable for damages arising either from the use of that equipment by a person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or medical emergency, or from the use of defectively manufactured equipment; provided that this subdivision shall not limit the person’s or entity’s, partnership’s, corporation’s, firm’s or society’s liability for his, her or its own negligence, gross negligence or intentional misconduct.

An emergency health care provider (EHCP) under collaborative agreement with respect to an AED shall not be liable for damages arising from the use of that equipment by a person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or medical emergency, or from the use of defectively manufactured equipment; provided that this subdivision shall not limit the EHCP’s own negligence, gross negligence or intentional misconduct.

 

 Laws / Legislation
 Reference
Date Summary
SO4485 2011 Requires all health clubs to have an AED and a CPR/AED certified employee on staff during business hours.
SO2923 2011 Requires all dental offices to have an AED on site and all dentists shall hold current CPR certification.
SR 827 2011 A bill that encourages school districts to provide training for athletic coaches on AED use.
AB 8741 2011 Amends immunity protection to include businesses, entities, partnerships, corporations, or societies.
AB 2988 2008 Requires swimming facilities to maintain an AED
AB 1044 2007 Requires buildings and facilities to indicate the location of AEDs at the entrance of a building or facility.
SB 7001 2006 Requires places of public assembly to maintain an automated external defibrillator and to have at least one employee who is trained in its use.
AB 236 2005 Requires that the correct use of automated external defibrillators be taught in health class at senior high schools.
AB 2106 2003 This Act provides a tax credit for the purchase of an AED.
AB 5084 2003 Requires health clubs with more than 500 persons to have at least one automated external defibrillator.
AB 4421 2003 Makes it a duty of a superintendent or chief executive officer of public institutions and buildings of the State to equip each such building with an automated external defibrillator.
AB 10577 2002 Requires AEDs in public schools.


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