Relates to causes of action against certain businesses arising in connection with the AED

Summary of specific provisions

Section one amends subdivision two.of section 3000-a of the public health law by expanding the scope of the Good Samaritan law to include any person who or entity or group that operates and/or facilitates implementation or makes available resusci- tation equipment that facilitates first aid, including an AED,

Section two amends subdivision three-of section 3000-b of the public health law by providing that a person who operates an AED other than as part of or incidental to his employment or regular duties, who is acting in good faith, with reasonable care, and without expectation of monetary compensation, may provide first aid that includes operation of an AED without having completed training. It further provides that the section shall not limit any Good Samaritan protections provided in,section 3000-a of the public health law,

Section three provides the effective date.

Justification

Sudden cardiac arrest is one Of the leading causes of death in the United States, especially among those 40 years of age and older.(1) According to the American Heart Association, nearly 250,000 out-of-hospital deaths occur annually. as a result of sudden cardiac arrest.{2} Because so many incidents of sudden cardiac arrest occur outside of a.hospital, with over two thirds of the episodes occurring in homes{3), a medical professional or a person trained to administer emer- gency first including but not limited to CPR and/or use of an AED, is rarely the first person on the scene. Thus, lay rescuers often have the important and time-sensitive task of administering primary urgent care in the form of CPR and/or use of an AED.

Good Sam protections within the public health law guarantee that any- person who voluntarily and without expectation of a monetary reward provides urgently needed medical attention will not be liable for damages for harm alleged to have occurred, unless it is shown that he or she is guilty of negligence or intentional, misconduct. Currently, Good Samaritan protections extend only to those individuals who or groups that purchase or make available resuscitation equipment such as an AED, omitting the entire population who might operate and/or facilitate oper- ation of an AED. Furthermore, Good Samaritan protections only apply to AED lay rescuers who have undergone a training course in how to use a defibrillator. This legislation aims to clarify that any person who or

any entity or group that legally purchases, Operates, and/Or facilitates operation of an AED is protected under current Good Samaritan provisions in the public health law, except where the person is guilty of negli- gence, gross negligence or intentional misconduct.

The American Heart Association has determined that concerns over liabil- ity are a huge barrier to AED usage. However, modern AEDs are "highly accurate, user-friendly computerized devices."{4} Given the simplicity of the devices, and the fact that an AED will not administer shock to someone who does not need it, this legislation will encourage AED use in the event of an emergency. Action by a person trained to properly use an AED is always preferable, and it is important that persons expected to operate an AED as part of or incidental to his employment or regular duties should be trained in the use of an. AED. However, when that option is not viable, it is important to promote the administration of emergency first aid over inaction. In the event of sudden cardiac arrest, fast action is often the difference between life and death.

Prior legislative history

This is a new bill.

Fiscal implication

None to the state.

Effective date

This-act shall take effect immediately.

{1} Zheng Z3, Croft 113, Giles WH, Mensah GA, "Sudden cardiac death in the United States, 1989 to 1998." Circulation, 2001; 104: 2158-2163.

{2} Heart Disease and Stroke Statistics-2005 Update. Dallas, Texas: American Heart Association; 2005.

{3) Aufderheide, Tom, et al. "Community Lay Rescuer Automated External Defibrillation Programs Key State Legislative Components and Implementa- tion Strategies. Circulation: Journal of the American Heart Association, 28 Feb 2006; 8.

{4} Aufderheide, Tom, et al, "Community Lay Rescuer Automated External Defibrillation Programs Key State Legislative Components and Implementa- tion Strategies." Circulation: Journal of the American Heart Associ- ation. 28 Feb 2006; 2.