What's happening
This bill requires all assisted living facilities in New York to have at least one automated external defibrillator and trained staff available at all times.
Why it matters
Increases safety for vulnerable residents. By requiring at least one automated external defibrillator (AED) and trained personnel on-site at all times, the bill aims to reduce response time to cardiac emergencies in assisted living facilities, where residents are at higher risk for such events.
Mandates regulations tailored to each facility. The Department of Health must create rules on the number and type of AEDs needed, based on each facility’s size and occupancy, ensuring that the requirements are practical and effective rather than a “one size fits all” approach.
Respects resident autonomy. The bill explicitly prohibits the use of AEDs or CPR on residents who have a valid “do not resuscitate” (DNR) order on file, balancing emergency preparedness with respect for individual end-of-life choices.
Clarifies liability protections. Assisted living facilities and their staff will be legally considered “public access defibrillation providers,” meaning they are protected from liability as long as they act in accordance with the law and regulations when providing emergency care.
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Who cares
Licensed assisted living facilities
They would have to keep at least one automated external defibrillator on site and ensure an employee certified in both AED operation and CPR is present at all times.
Assisted living employees
Staff providing emergency treatment with the required AEDs would be subject to public access defibrillation requirements and the bill’s referenced liability rules.
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.
State health commissioner
The commissioner would set equipment quantity and type requirements based on facility size, occupancy and other relevant factors, 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 aging
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 Assembly Committee · Health · Sponsor Steven Englebright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7670
IN SENATE
February 5, 2020
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Aging
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 thousand-b of this chapter and shall be subject to the requirements and limitations of such section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09051-01-9
S. 7670 2
(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.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to automated external defibrillator requirements
Purpose or general idea of bill
Requires assisted living residences to have an automated defibrillator on the premises.
Summary of provisions
Section 4656 of the public health law, as added by chapter 2 of the laws of 2004, is amended by adding:
*Every assisted living residence licensed under this article shall have on the premises at least one automated external defibrillator. *Each assisted living residence shall have in attendance at all-time at least one employee who holds a valid certification of completion of a course in the study of the operation of automated external defibrilla- tors 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 assisted living residence 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.
Justification
It is the policy of some assisted living facilities to refrain from administering first aid or CPR to a stricken resident until an ambulance or paramedics arrive at the facility. This bill is necessary to requite assisted living facilities to treat unwell residents prior to the arrival of an ambulance, thereby saving lives.
Prior legislative history
2007-08 A11335A third reading 2009-10 A5611 referred to health 2011-12 A4616 referred to health 2013-14 A5957-A referred to health 2015-16 A6463 referred to health 2017-18 A6093 referred to health
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.