New York State Laws


Summary:

Owners of an AED are required to have a Medical Director licensed by the State of New York to enter into an agreement with the state to oversee the program and include; protocols / response plan, EMS notifications, REMSCO registration, routine maintenance and testing, signage and directions, CPR/AED training for expected users and post event reporting for Good Samaritan protection. Government Buildings, Schools, Health Clubs, Places of Public Assembly, Nursing Homes, Dental offices and places of Public Assembly are required to have AEDs.


Requirements Required Reference Description
State specific Rx required* X A person, firm, organization or other entity may purchase, acquire, possess and operate an automated external defibrillator pursuant to a collaborative agreement with an emergency health care provider. The collaborative agreement shall include a written agreement [fig 1] and written practice protocols, and policies and procedures that shall assure compliance with this section. The public access defibrillation provider shall file a copy of the collaborative agreement with the department and with the appropriate regional council prior to operating the automated external defibrillator.
Good Samaritan protection for UNTRAINED users Check § 3000-a(2)(i); § 3000-b(3)(a)(iii) 2. (i) Any person or entity that purchases, operates, facilitates implementation or makes available resuscitation equipment that facilitates first aid, an automated external defibrillator or an epinephrine auto-injector device as required by or pursuant to law or local law, or that conducts training under section three thousand-c of this article, or (ii) an emergency health care provider under a collaborative agreement pursuant to section three thousand-b of this article with respect to an automated external defibrillator, or (iii) a health care practitioner that prescribes, dispenses or provides an epinephrine auto-injector device under section three thousand-c of this article, 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, the emergency health care provider's, or other health care practitioner's liability for his, her or its own negligence, gross negligence or intentional misconduct.
Good Samaritan protection for TRAINED users only X
Medical Direction requried X
State Specific Medical Direction required Check § 3000-b(2) A person, firm, organization or other entity may purchase, acquire, possess and operate an automated external defibrillator pursuant to a collaborative agreement with an emergency health care provider. The collaborative agreement shall include a written agreement [fig 1] and written practice protocols, and policies and procedures that shall assure compliance with this section. The public access defibrillation provider shall file a copy of the collaborative agreement with the department and with the appropriate regional council prior to operating the automated external defibrillator.
AED routinely maintained and/or tested Check § 3000-b(3)(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.
Training required for expected users Check § 3000-b(3)(a) No person may operate an automated external defibrillator unless the person has successfully completed a training course in the operation of an automated external defibrillator approved by a nationally-recognized organization or the state emergency medical services council. However, this section shall not prohibit operation of an automated external defibrillator, (i) by a health care practitioner licensed or certified under title VIII of the education law or a person certified under this article acting within his or her lawful scope of practice; (ii) by a person acting pursuant to a lawful prescription; or (iii) by a person who operates the automated external defibrillator other than as part of or incidental to his or her employment or regular duties, who is acting in good faith, with reasonable care, and without expectation of monetary compensation, to provide first aid that includes operation of an automated external defibrillator; nor shall this section limit any good samaritan protections provided in section three thousand-a of this article.
Response Plan or Protocols Check § 3000-b(2) No person may operate an automated external defibrillator unless the person has successfully completed a training course in the operation of an automated external defibrillator approved by a nationally-recognized organization or the state emergency medical services council. However, this section shall not prohibit operation of an automated external defibrillator, (i) by a health care practitioner licensed or certified under title VIII of the education law or a person certified under this article acting within his or her lawful scope of practice; (ii) by a person acting pursuant to a lawful prescription; or (iii) by a person who operates the automated external defibrillator other than as part of or incidental to his or her employment or regular duties, who is acting in good faith, with reasonable care, and without expectation of monetary compensation, to provide first aid that includes operation of an automated external defibrillator; nor shall this section limit any good samaritan protections provided in section three thousand-a of this article.
Notification to local 911/Dispatch agency X
Notification to local EMS agency Check § 3000-b Provide written notice to 911 or the community equivalent emergency vehicle dispatch center of the availability of AED service at the agency’s facility.
Registration or notification with State or other agency Check § 3000-b(3)(c) For each public building being considered for AED placement, an agency shall: (1) identify its local REMSCO. A list of REMSCOs located in the State of New York is maintained by DOH; (2) identify a physician or hospital knowledgeable and experienced in emergency cardiac care to serve as the EHCP and to participate in a collaborative agreement with the State agency; (3) develop a written collaborative agreement with the EHCP, which shall include a copy of written practice protocols for use of the AEDs, together with written policies and procedures which together: provide training requirements for AED operators; direct the immediate calling of 911 in event of each emergency cardiac event; provide ready identification of AED unit locations; provide for regular maintenance and testing procedures of the AED unit(s) which procedures meet or exceed manufacturers recommendations; detail documentation requirements pertaining to AED usage; and define participation in a regionally approved quality improvement program as required by sections 3000-b(3)(e) and 3004-a(1) of the Public Health Law; (4) consistent with the requirements of Public Health Law, section 3000-b(2), file with DOH and appropriate REMSCO a copy of the notice of intent to provide public access defibrillation (PAD), and a signed copy of the collaborative agreement with the EHCP. The EHCP and the agency’s AED administrator must sign the notice of intent and the collaborative agreement. An agency should file a new collaborative agreement with the DOH and appropriate REMSCO if the EHCP changes. The agency should endeavor to secure written confirmation from the REMSCO of its receipt of the agency’s PAD plan. A copy of the PAD plan shall be maintained by the agency’s AED administrator. Copies of all such notices, agreements, and confirmations shall also be provided to the commissioner and the chairs of the subject agency’s labor and management and health and safety committees. Upon receipt of such notices, agreements, and confirmations, the commissioner will provide the agency with an acknowledgment of receipt; (5) refrain from operating AEDs until the agency’s PAD plan has been formally approved by a REMSCO; and (6) provide written notice to 911 or the community equivalent emergency vehicle dispatch center of the availability of AED service at the agency’s facility.
Provide Post Use data to EMS Check § 3000-b(3)(d) Upon responding to an emergency cardiac event, any AED operator shall: (1) document each AED use on a patient, including all incident data. All such documentation shall be submitted to the agency’s AED coordinator immediately following the AED use; and (2) following each use, deliver the AED unit to the agency’s AED coordinator or inform that person of its location. (b) Upon receiving notice of an emergency cardiac event or AED use, an AED coordinator shall: (1) pursuant to the provisions of Public Health Law, section 3000-b(3)(d), immediately report such AED use to the appropriate local emergency medical services system, emergency communications center or emergency vehicle dispatch center, as appropriate, and promptly notify the EHCP and appropriate AED administrator; (2) ensure that the AED data is downloaded to the designated computer system. For assistance with the data information retrieval, the AED vendor/manufacturer’s name and telephone number should be available; (3) ensure that AED incident data are transmitted to the EHCP for evaluation within 24 hours of the cardiac event; (4) ensure that the public access defibrillation qualify improvement report is completed by the agency’s EHCP or AED user and transmitted to the appropriate REMSCO within five business days of AED use; (5) use his/her best efforts to check the AED and replace any used supplies as soon as possible following the cardiac event so the AED may be promptly returned to service; and (6) perform a battery insertion test on the AED to ensure proper operation of the AED prior to its return to service. (c) AED coordinators shall also be responsible to: (1) ensure that quarterly reports are submitted to the appropriate REMSCO and the agency’s labor and management and health and safety committees, provided that should such reports contain any personal information, such information will be redacted prior to submission to said labor management and health and safety committees; and (2) perform a battery insertion test on an AED following any battery change.
Facilities required to have AEDs Check 917 & 8 NYCRR § 136.4(b), 6611(10), 61.10, 627-a, 140(2) & 303.2(b), 225.5-b, 225.5-c & 6-2.17 *School districts, boards of cooperative educational services, county vocational education and extension boards and charter schools' instructional school facilities *Dental facilities *Health clubs with memberships of 500+ *Places of public assembly *Public institutions & State Buildings *Public/Private surf beach or swimming facility
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