2010 New York Code
PBH - Public Health
Article 30 - (3000 - 3032) EMERGENCY MEDICAL SERVICES
3000-B - Automated external defibrillators: Public access providers.

§  3000-b. Automated external defibrillators: Public access providers.
  1.  Definitions. 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: (i) is
  capable  of  recognizing  the  presence  or  absence,  in  a patient, of
  ventricular fibrillation and  rapid  ventricular  tachycardia;  (ii)  is
  capable  of  determining,  without  intervention by an operator, whether
  defibrillation  should  be  performed  on  the   patient;   (iii)   upon
  determining  that  defibrillation  should  be  performed,  automatically
  charges and requests delivery of an electrical impulse to the  patient's
  heart;   and  (iv)  then,  upon  action  by  an  operator,  delivers  an
  appropriate  electrical  impulse  to  the  patient's  heart  to  perform
  defibrillation.
    (b)  "Emergency  health  care  provider"  means  (i)  a physician with
  knowledge and experience in the delivery of emergency cardiac  care;  or
  (ii) a hospital licensed under article twenty-eight of this chapter that
  provides emergency cardiac care.
    (c)  "Public  access  defibrillation  provider"  means a person, firm,
  organization or  other  entity  possessing  or  operating  an  automated
  external  defibrillator pursuant to a collaborative agreement under this
  section.
    (d) "Nationally-recognized organization" means a national organization
  approved by the department for the purpose of training people in use  of
  an automated external defibrillator.
    2.  Collaborative  agreement.  A  person,  firm, organization or other
  entity may purchase, acquire, possess and operate an automated  external
  defibrillator  pursuant  to  a collaborative agreement with an emergency
  health care  provider.  The  collaborative  agreement  shall  include  a
  written  agreement  and  written  practice  protocols,  and policies and
  procedures that shall assure compliance with this  section.  The  public
  access  defibrillation  provider  shall file a copy of the collaborative
  agreement with the department and with the appropriate regional  council
  prior to operating the automated external defibrillator.
    3.  Possession  and  operation  of  automated  external defibrillator.
  Possession and operation of an automated  external  defibrillator  by  a
  public access defibrillation provider shall comply with the following:
    (a)  No  person may operate an automated external defibrillator unless
  the person has successfully completed a training course in the operation
  of   an    automated    external    defibrillator    approved    by    a
  nationally-recognized   organization  or  the  state  emergency  medical
  services council. However, this section shall not prohibit operation  of
  an  automated  external defibrillator, (i) by a health care practitioner
  licensed or certified under title VIII of the education law or a  person
  certified  under  this  article acting within his or her lawful scope of
  practice; (ii) by a person acting pursuant to a lawful prescription;  or
  (iii)  by  a  person  who  operates the automated external defibrillator
  other than as part of or incidental to his or her 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 automated external defibrillator; nor shall this section
  limit  any  good  samaritan  protections  provided  in   section   three
  thousand-a of this article.
    (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)  The  public  access  defibrillation  provider  shall  notify  the
  regional  council  of  the existence, location and type of any automated
  external defibrillator it possesses.
    (d)  Every  use  of  an  automated external defibrillator on a patient
  shall be immediately reported to the appropriate local emergency medical
  services system, emergency communications center  or  emergency  vehicle
  dispatch  center  as  appropriate and promptly reported to the emergency
  health care provider.
    (e) The emergency  health  care  provider  shall  participate  in  the
  regional  quality  improvement  program  pursuant  to subdivision one of
  section three thousand four-a of this article.
    (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. Application of other laws. (a) 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.
    (b)  Operation of an automated external defibrillator pursuant to this
  section shall not constitute the unlawful practice of a profession under
  title VIII of the education law.

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