N.Y. Public Health Law § 3000-d: Availability of resuscitation equipment in certain public places

§ 3000-d. Availability of resuscitation equipment in certain public

places. 1. For the purposes of this section, the following terms shall

be defined as follows:

a. "Bar" means any establishment which is devoted to the sale and

service of alcoholic beverages for on-premises consumption and in which

the service of food, if served at all, is incidental to the consumption

of such beverages.

b. "Health club" means any commercial establishment offering

instruction, training or assistance and/or the facilities for the

preservation, maintenance, encouragement or development of physical

fitness or well-being. "Health club" as defined herein shall include,

but not be limited to health spas, health studios, gymnasiums, weight

control studios, martial arts and self-defense schools or any other

commercial establishment offering a similar course of physical training.

c. "Owner or operator" means the owner, manager, operator or other

person having control of an establishment.

d. "Public place" means a restaurant, bar, theater or health club.

e. "Restaurant" means any commercial eating establishment which is

devoted, wholly or in part, to the sale of food for on-premises

consumption.

f. "Resuscitation equipment" means: (i) an adult exhaled air

resuscitation mask, for which the federal food and drug administration

has granted permission to market, accompanied by a pair of disposable

gloves, and (ii) a pediatric exhaled air resuscitation mask, for which

the federal food and drug administration has granted permission to

market, accompanied by a pair of disposable gloves.

g. "Theater" means a motion picture theater, concert hall, auditorium

or other building used for, or designed for the primary purpose of,

exhibiting movies, stage dramas, musical recitals, dance or other

similar performances.

2. The owner or operator of a public place shall have available in

such public place resuscitation equipment in quantities deemed adequate

by the department. Such equipment shall be readily accessible for use

during medical emergencies. Any information deemed necessary by the

commissioner shall accompany the resuscitation equipment. Resuscitation

equipment shall be discarded after a single use.

3. The owner or operator of a public place shall provide notice to

patrons, by means of signs, printed material or other means of written

communication, indicating the availability of resuscitation equipment

for emergency use and providing information on how to obtain

cardiopulmonary resuscitation training. The type, size, style, location

and language of such notice shall be determined in accordance with

rules, promulgated by the commissioner. In promulgating such rules, the

commissioner shall take into consideration the concerns of the public

places within the scope of this section. If the department shall make

signs available pursuant to this subdivision, it may charge a fee to

cover printing, postage and handling expenses.

4. Any owner or operator of a public place, his or her employee or

other agent, or any other person who voluntarily and without expectation

of monetary compensation renders emergency treatment using the

resuscitation equipment required pursuant to this section, to a person

who is unconscious, ill or injured, shall only be liable pursuant to

section three thousand-a of this article.

5. Nothing contained in this section shall impose any duty or

obligation on any owner or operator of a public place, his or her

employee or other agent, or any other person to provide resuscitation

assistance to the victim of a medical emergency.

6. Nothing in this section shall be construed to restrict the power of

any county, city, town, or village to adopt and enforce additional local

laws, ordinances, or regulations which comply with at least the minimum

applicable standards set forth in this article.