What's happening
This bill requires all assisted living facilities in New York to have an automated external defibrillator and trained staff on-site at all times.
Why it matters
Improves emergency response for heart-related incidents. By requiring both an automated external defibrillator (AED) and trained staff to be present at all times, the bill aims to reduce response time and improve survival rates in cases of cardiac arrest among assisted living residents.
Tailors requirements based on facility size and needs. The Department of Health is directed to set regulations that account for each facility’s size and occupancy, meaning the number and placement of AEDs will be scaled to ensure effective access and coverage, rather than a one-size-fits-all approach.
Protects residents’ end-of-life choices. The bill explicitly prohibits the use of defibrillation or CPR on residents who have valid “do not resuscitate” (DNR) orders on file, helping safeguard patient autonomy and respect for legal medical directives.
Clarifies legal liability for staff and facilities. Staff and facilities using AEDs in emergencies are classified as "public access defibrillation providers," which provides specific liability protections under state law, potentially encouraging prompt action without fear of legal repercussions.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Require Defibrillators in Assisted Living
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6093
2017-2018 Regular Sessions
IN ASSEMBLY
February 23, 2017
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to automated external defibrillator requirements
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4656 of the public health law, as added by chapter 2 of the laws of 2004, is amended by adding a new subdivision 9 to read as follows:
9. (a) Every assisted living facility licensed under this article shall have on the premises at least one automated external defibrillator, as defined in paragraph (a) of subdivision one of section three thousand-b of this chapter, and shall have in attendance at all times at least one employee who holds a valid certification of completion of a course in the study of the operation of automated external defibrillators and a valid certification of the completion of a course in the training of cardiopulmonary resuscitation provided by a nationally recognized organization or association. The commissioner shall promulgate regulations to determine the quantity and type deemed to be adequate to ensure ready and appropriate access for use during emergencies taking into account the size and occupancy of each facility and any other matter deemed necessary by the commissioner to effectuate the duty prescribed by this subdivision. Such regulations shall also provide for a phase-in schedule of the duty created by this subdivision.
(b) In no instance shall an automated external defibrillator be utilized or cardiopulmonary resuscitation be performed on an assisted living resident who has validly executed an order not to resuscitate, which is on file with the facility.
(c) Assisted living facilities and staff pursuant to paragraph (a) of this subdivision shall be deemed a "public access defibrillation provider" as defined in paragraph (c) of subdivision one of section three
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03861-01-7
A. 6093 2
thousand-b of this chapter and shall be subject to the requirements and limitations of such section.
(d) Pursuant to sections three thousand-a and three thousand-b of this chapter, any public access defibrillation provider, or any employee or other agent of the provider who, in accordance with the provisions of this section, renders emergency medical or first aid treatment using an automated external defibrillator which has been made available pursuant to this section, to a person who is unconscious, ill or injured, shall be liable only pursuant to section three thousand-a of this chapter.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.