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 readiness in assisted living facilities. By requiring AEDs and trained staff at all times, the bill aims to increase the chances of survival from sudden cardiac arrest among residents, who are often older and at higher risk.
Mandates staff training and certification. Facilities must ensure that at least one employee on site at all times holds valid certifications in both AED use and CPR, raising the standard of care and potentially reducing response times in emergencies.
Respects residents' end-of-life wishes. The bill explicitly prohibits the use of AEDs or CPR on residents who have a valid do-not-resuscitate (DNR) order on file, protecting patient autonomy and legal rights.
Clarifies legal liability and public access status. Assisted living facilities and their staff are formally recognized as “public access defibrillation providers,” which provides legal clarity on their responsibilities and protections under New York law, potentially reducing hesitation to use AEDs in emergencies.
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Who cares
Licensed assisted living facilities
The bill would require at least one on-site automated external defibrillator and an employee certified in both AED operation and CPR in attendance at all times.
Assisted living residents
Residents would have access to emergency defibrillation, but the bill would prohibit AED use or CPR on residents with a valid do-not-resuscitate order on file at the facility.
Assisted living staff
Facilities and staff would be treated as public access defibrillation providers, with emergency AED treatment subject to the liability provisions of Public Health Law section 3000-a.
State health commissioner
The commissioner would set equipment quantity and type requirements based on facility size, occupancy and other necessary considerations, and establish a phase-in schedule.
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
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Defibrillators in Assisted Living
In Senate Committee · Aging · Sponsor James Sanders Jr.
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4720
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
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.
LBD09051-01-9
A. 4720 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.