N.Y. Public Health Law § 1352-b: Public eating establishments; first aid instructions concerning food lodged in throat; liability

§ 1352-b. Public eating establishments; first aid instructions

concerning food lodged in throat; liability. 1. Definitions. For

purposes of this section:

a. "Public eating establishment" shall mean a cafeteria or lunchroom

located in a school or educational institution and a restaurant, dining

room, dining car or other place engaged in the preparation and service

on the premises of food for and to the general public;

b. "Choking emergency" shall mean a situation occurring in a public

eating establishment in which food has become lodged in a person's

throat in such a manner as to prevent or severely inhibit the continued

breathing of such person.

2. First aid instructions. a. The commissioner shall adopt and approve

first aid instructions designed and intended for use in removing food

lodged in the throat of a victim of a choking emergency. Such

instructions shall be limited to first aid techniques not involving the

use of any physical instrument or device to be inserted into the

victim's mouth or throat.

b. The commissioner shall, as soon as is practicable, supply to the

proprietor of every public eating establishment in this state such

adopted and approved instructions.

3. Posting. The proprietor of every public eating establishment in

this state shall, upon receipt thereof, post such instructions in a

conspicuous place or places in order that the proprietor and employees

may become familiar with them, and in order that the instructions may be

consulted by any person attempting to provide relief to the victim of a

choking emergency; provided, that the fact that such instructions shall

not have been posted as required by this section at the time of a

choking emergency shall not in and of itself subject such a proprietor,

or his employees or agents, to liability in any civil action for damages

for personal injuries or wrongful death arising from such choking

emergency.

4. No duty to act. Nothing contained in this section shall impose any

duty or obligation on any proprietor, employee or other person to

remove, assist in removing, or attempt to remove food from the throat of

the victim of a choking emergency.

5. Immunity from liability. Notwithstanding any inconsistent provision

of law or ordinance, a proprietor, employee or other person who

voluntarily and without expectation of monetary compensation removes,

assists in removing, or attempts to remove food from the throat of the

victim of a choking emergency in accordance with the instructions

adopted by the commissioner shall not be liable for damages for injuries

alleged to have been sustained by such victim or for damages for the

death of such victim alleged to have occurred by reason of an act or

omission in the rendering of such emergency assistance unless it is

established that such injuries were, or such death was, caused by gross

negligence on the part of such proprietor, employee or person.