N.Y. Education Law § 917-a: On-site cardiac automated external defibrillator in nonpublic schools

§ 917-a. On-site cardiac automated external defibrillator in nonpublic

schools. 1. Nonpublic schools shall provide and maintain on-site in each

instructional school facility automated external defibrillator (AED)

equipment, as defined in paragraph (a) of subdivision one of section

three thousand-b of the public health law, in quantities and types

deemed by the commissioner in consultation with the commissioner of

health to be adequate to ensure ready and appropriate access for use

during emergencies. Nonpublic schools shall cause such AED to be

maintained and tested according to such applicable standards of the

manufacturer and any appropriate government agency.

2. Whenever nonpublic school facilities pursuant to subdivision one of

this section are used for school-sponsored or school-approved curricular

or extracurricular events or activities and whenever a school-sponsored

athletic contest is held at any location, the nonpublic school officials

and administrators responsible for such school facility or athletic

contest shall ensure the presence of at least one staff person who is

trained, pursuant to subdivision three of this section in the operation

and use of an AED. Where a school-sponsored competitive athletic event

is held at a site other than a nonpublic school facility, the nonpublic

school officials shall ensure that AED equipment is provided on-site.

3. No person may operate an AED in a nonpublic school facility unless

the person has successfully completed a training course in the operation

of an AED consistent with the standards approved by the department of

health under section three thousand-b of the public health law or the

state emergency medical services council. However, this section shall

not prohibit operation of an AED:

(a) by a health care practitioner licensed or certified under title

eight of this chapter or a person certified under article thirty of the

public health law acting within their lawful scope of practice;

(b) by a person acting pursuant to a lawful prescription; or

(c) by a person who operates the AED other than as part of or

incidental to their employment or regular duties, who is acting in good

faith, with reasonable care, and without expectation of monetary

compensation, to provide first aid that includes operation of an AED;

nor shall this section limit any good samaritan protections provided in

section three thousand-a of the public health law.

4. Every use of an AED on a patient in a nonpublic school shall be

immediately reported to the appropriate local emergency medical services

system or public safety answering point.

5. Nonpublic schools shall register the existence, location and type

of any AED they possess with the department of health.

6. A nonpublic school shall post a sign or notice at the main entrance

to the facility or building in which the automated external

defibrillator is stored, indicating the location where any such

automated external defibrillator is stored or maintained in such

building or facility on a regular basis.

7. (a) Operation of an AED pursuant to this section in a nonpublic

school shall be considered first aid or emergency treatment for the

purpose of any statute relating to liability; and

(b) Operation of an AED pursuant to this section in a nonpublic school

shall not constitute the unlawful practice of a profession under title

eight of this chapter.