AED Legal Analysis for New York

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Summary

Provider must notify regional council of AED location, initiate medical oversight program in compliance with a collaborative agreement with physician or hospital, and assume responsibility for maintenance and testing according to manufacturer’s operational guidelines.
Anticipated AED users must be trained by provider or operator in CPR/AED. Good Samaritan protection available to AED user. Provider and operator liable only for own negligence.
AED’s and CPR/AED trained personnel required at ferry terminals, large ferry boats, nursing homes, senior centers, golf courses, stadia, arenas and other large occupancy environments, dental offices, health clubs, government buildings, and at certain public parks and public buildings.
Every school must have AEDs and CPR/AED trained personnel in such numbers “to ensure ready and appropriate access”. AEDs must be present at all school sponsored activities and athletic contests at any location.
High school students must receive CPR/AED training.

Bills

Statute Law Type Effective Date Abstract
N.Y. Educ. Law § 6611 Mandate All dental facilities shall have an AED or other defibrillator at the facility.
N.Y. Educ. Law § 917 Mandate School districts, boards of cooperative educational services, county vocational education and extension boards and charter schools shall provide and maintain on-site in each instructional school facility AED equipment.
N.Y. Gen. Bus. Law § 627-a. Mandate Every health club whose membership is 500 persons or more shall have on the premises at least one AED and shall have in attendance, at all times during staffed business hours, at least one individual performing employment or individual acting as an authorized volunteer who holds a valid certification of completion of a course in the study of the operation of AEDs.
N.Y. Pub. Health Law § 3000-a Good Samaritan Any person who, or entity, partnership, corporation, firm or society that, purchases, operates, facilitates implementation or makes available resuscitation equipment that facilitates first aid, an AED or an epinephrine auto-injector device as required by or pursuant to law or local law 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, or from the use of defectively manufactured equipment; provided that this subdivision shall not limit the person's or entity's, partnership's, corporation's, firm's, society's or the emergency health care provider's liability for his, her or its own negligence, gross negligence or intentional misconduct.
N.Y. Pub. Health Law § 3000-b Training; Other requirement “Public access defibrillation provider” means a person, firm, organization or other entity possessing or operating an AED pursuant to a collaborative agreement under this section. "Collaborative agreement." A person, firm, organization or other entity may purchase, acquire, possess and operate an AED pursuant to a collaborative agreement with an emergency health care provider. Possession and operation of an AED by a public access defibrillation provider shall comply with the following: (a) No person may operate an AED unless the person has successfully completed a training course in the operation of an AED approved by a nationally-recognized organization or the state emergency medical services council. The public access defibrillation provider shall post a sign or notice at the main entrance to the facility or building in which the AED is stored, indicating the location where any such automated external defibrillator is stored or maintained in such building or facility on a regular basis.

We make every attempt to ensure the accuracy of our research regarding automated external defibrillator (AED) unit laws in each state across the country, however, with laws varying from state-to-state and even on a local basis, as you might imagine, staying abreast of constant changes is a very challenging process. As such, it's important to note that our findings should be used for informational purposes only and that any specific AED laws or AED requirements for your AED program should be developed between you and your legal counsel. If you have any suggestions, information, or tips on new or pending AED unit legislation that you feel might help improve our AED requirement pages, please contact us to let us know! By spreading knowledge about how to build and manage legally compliant AED programs, we hope to improve survival rates from sudden cardiac arrest.