N.Y. Public Health Law § 3000-b: Automated external defibrillators: Public access providers

§ 3000-b. Automated external defibrillators: Public access providers.

1. As used in this section, unless the context clearly requires

otherwise, the following terms shall have the following meanings:

(a) "Automated external defibrillator" means a medical device,

approved by the United States food and drug administration, that is

capable with or without intervention by an operator of: recognizing the

presence or absence, in a patient, of ventricular fibrillation and rapid

ventricular tachycardia; determining whether defibrillation should be

performed on the patient; upon determining that defibrillation should be

performed, automatically charging; and delivering an appropriate

electrical impulse to the patient's heart to perform defibrillation.

(b) "Public access defibrillation provider" means a person, firm,

organization or other entity possessing or operating an automated

external defibrillator pursuant to this section.

2. A person, firm, organization or other entity may purchase, acquire,

possess and operate an automated external defibrillator pursuant to this

section. Operation of an automated external defibrillator under this

section shall be authorized in accordance with regulations promulgated

by the department.

3. A public access defibrillation provider in possession of an

automated external defibrillator shall comply with the following

requirements, in a manner prescribed by the department:

(a) The public access defibrillation provider shall provide training

in the use of an automated external defibrillator and cardiopulmonary

resuscitation consistent with standards approved by the department,

including but not limited to programs developed or authorized by the

department or determined by the department to be consistent with

accepted standards of practice. At least one individual associated with

the public access defibrillation provider shall be designated to receive

such training and to be familiar with the operation and routine

maintenance of the automated external defibrillator.

(b) The public access defibrillation provider shall cause the

automated external defibrillator to be maintained and tested according

to applicable standards of the manufacturer and any appropriate

government agency.

(c) (i) The public access defibrillation provider shall register the

existence, location and type of any automated external defibrillator it

possesses with the department.

(ii) The department shall establish and maintain an electronic

database, accessible to the public, containing information collected

under this paragraph. The database shall include the location and type

of each automated external defibrillator reported to the department.

(d) Every use of an automated external defibrillator on a patient

shall be immediately reported to the appropriate local emergency medical

services system or public safety answering point.

(e) The public access defibrillator provider shall report data related

to the use of automated external defibrillators to the department. When

available, the department shall incorporate data related to patient

health outcomes, response times, whether a bystander administered CPR or

used an automated external defibrillator, and any other information

deemed appropriate by the commissioner into statewide or regional

quality improvement and cardiac arrest surveillance programs, including

participation in nationally recognized registries, as determined by the

department. Confidential patient information shall be deidentified prior

to incorporation.

(f) The public access defibrillation provider 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.

4. Operation of an automated external defibrillator pursuant to this

section shall be considered first aid or emergency treatment for the

purpose of any statute relating to liability and shall not constitute

the unlawful practice of a profession under title VIII of the education

law.

5. Any manufacturer, distributor, retailer, or reseller that sells or

otherwise transfers an automated external defibrillator for use in this

state shall, at the time of sale or transfer, provide the purchaser with

written or electronic notice of applicable requirements under this

section, including registration, maintenance, and reporting obligations,

in a form prescribed by the department.