2006 New York Code - Automated External Defibrillators.

 
    §  17-188  Automated  external defibrillators. a. Definitions. For the
  purposes of this section, the following terms shall have  the  following
  meanings:
    1. "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   individual,    whether
  defribrillation should be performed on a patient; (iii) upon determining
  that  defribrillation  should  be  performed,  automatically charges and
  requests delivery of an electrical impulse to  a  patient's  heart;  and
  (iv)  upon  action  by an individual, delivers an appropriate electrical
  impulse to a patient's heart to perform defibrillation.
    2. "Owner or operator" means the owner, manager,  operator,  or  other
  person or persons having control of a public place.
    3. "Public place" means the publicly accessible areas of the following
  places to which the public is invited or permitted: (i) public buildings
  maintained  by the division of facilities management and construction of
  the department of citywide administrative  services  or  any  successor;
  (ii)  parks  under  the  jurisdiction  of  the  department  of parks and
  recreation identified pursuant to subdivision e of this  section;  (iii)
  ferry  terminals  owned  and  operated by the city of New York served by
  ferry boats with a passenger capacity of one thousand or  more  persons;
  (iv)  nursing  homes,  as  defined in section 2801 of the New York state
  public health law; (v) senior centers, which include facilities operated
  by the city of New York or operated by an  entity  that  has  contracted
  with the city to provide services to senior citizens on a regular basis,
  such  as  meals  and other on-site activities; (vi) golf courses, stadia
  and arenas; and (vii) health clubs that  are  commercial  establishments
  offering  instruction,  training or assistance and/or facilities for the
  preservation, maintenance,  encouragement  or  development  of  physical
  fitness or well-being that have a membership of at least two hundred and
  fifty  people,  and  which  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.
    b. Automated external defibrillators required. Except as  provided  in
  subdivision  j  of this section, the owner or operator of a public place
  shall  make  available  in  such   public   place   automated   external
  defibrillators in quantities and locations deemed adequate in accordance
  with  rules promulgated pursuant to subdivisions e and f of this section
  and in accordance with section 3000-b  of  the  New  York  state  public
  health  law.  Such  automated  external  defibrillators shall be readily
  accessible for use during medical emergencies. Any information regarding
  use  of  automated  external  defibrillators  deemed  necessary  by  the
  department  in accordance with rules promulgated pursuant to subdivision
  f of this section shall  accompany  and  be  kept  with  each  automated
  external  defibrillator.  Any  automated external defibrillator required
  pursuant to this subdivision shall be acquired, possessed  and  operated
  in  accordance  with  the requirements of section 3000-b of the New York
  state public health law.
    c. Notice required. The owner or operator  of  a  public  place  shall
  provide  written  notice  to  the  public,  by  means  of signs, printed
  material  or  other  form  of  written  communication,  indicating   the
  availability  of  automated external defibrillators for emergency use in
  such public place and providing information on how to  obtain  automated
  external  defibrillator  training.  The  type, size, style, location and
  language of such notice shall be determined  in  accordance  with  rules


  promulgated by the department pursuant to subdivision f of this section.
  Should  such  rules require or allow the posting of signs made available
  by the department to owners or operators of a public place to  serve  as
  appropriate  notice  pursuant  to  this  subdivision, the department may
  charge a fee to cover printing, postage and handling expenses.
    d. Reports. The department shall conduct  a  comprehensive  study  and
  submit  a  report  to  the mayor and the council twelve months after the
  effective date of the local law that added  this  section.  Such  report
  shall  include,  but  not be limited to, the quantities and locations of
  automated external defibrillators placed in public  places  pursuant  to
  subdivision  b  of this section and the identification of any additional
  locations throughout the city of New York that warrant the placement  of
  automated   external   defibrillators.   Twenty-four  months  after  the
  effective date of the local law that added this  section,  and  annually
  thereafter  for  the  next  succeeding three years, the department shall
  submit to the mayor and the council a report indicating  the  quantities
  and  locations  of  automated  external  defibrillators placed in public
  places pursuant to subdivision b of this section.
    e. Parks. The commissioner of the department of parks  and  recreation
  shall, no later than seven calendar days after the effective date of the
  local law that added this section, promulgate rules identifying at least
  six  parks  in  each borough under the jurisdiction of the department of
  parks and recreation to be considered a public place for the purposes of
  this section, and determining the quantity  and  location  of  automated
  external  defibrillators  to be placed in such parks; provided, however,
  that at least one of the parks identified in each borough must  be  over
  one hundred and seventy acres.
    f.  Rules.  The  department  shall  promulgate  such  rules  as may be
  necessary for  the  purpose  of  implementing  the  provisions  of  this
  section, including, but not limited to, rules regarding the quantity and
  location  of  automated  external  defibrillators  to  be  placed  in  a
  particular public place or general category of public place; the form of
  notice in which the availability of automated external defibrillators in
  a public place shall be made known to the public  and  any  accompanying
  fee; and any information on the use of automated external defibrillators
  that   must   accompany   and  be  kept  with  each  automatic  external
  defibrillator; provided, however,  that  the  department  of  parks  and
  recreation  shall  determine  the  quantity  and  location  of automated
  external defibrillators placed in parks, pursuant to  subdivision  e  of
  this  section.  Such  rules  shall  also include, but not be limited to,
  required training in the use of automated external defibrillators.
    g.  Liability  limited.  Any  person  who,  in  accordance  with   the
  provisions  of  this  section,  voluntarily  and  without expectation of
  monetary compensation renders first aid or emergency treatment using  an
  automated  external  defibrillator that has been made available pursuant
  to this section, to a person who is unconscious, ill or injured, and any
  person, owner or operator, entity,  partnership,  corporation,  firm  or
  society   that  purchases  or  makes  available  an  automated  external
  defibrillator as required by this section,  shall  be  entitled  to  the
  limitation of liability provided in section 3000-a of the New York state
  public health law.
    h.  No duty to act. 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 assistance
  with an automated external  defibrillator  to  a  victim  of  a  medical
  emergency.


    i. Standard of care. Nothing contained in this section shall be deemed
  to  affect  the  obligations  or liability of emergency health providers
  pursuant to section 3000-b of the New York state public health law.
    j.  Exception.  During  such times as an owner or operator of a public
  place provides, at  such  public  place,  advanced  life  support  by  a
  physician,  registered  professional nurse or advanced emergency medical
  technician acting within his or her lawful scope of practice, or the use
  of  automated  external  defibrillators  by  a   physician,   registered
  professional  nurse,  or  advanced  emergency  medical technician acting
  within his or her lawful scope of  practice,  such  provision  shall  be
  deemed  to  satisfy  the  requirements of subdivision b of this section,
  subject to rules of the department promulgated pursuant to subdivision f
  of this section. For purposes of this  subdivision,  advanced  emergency
  medical  technician  shall mean an advanced emergency medical technician
  as defined in section three thousand one of the New  York  state  public
  health law.
    k.  Public  awareness. Within ninety days of the effective date of the
  local law that added this section, the department shall  conduct  public
  awareness  and  education  campaigns  in  English  and Spanish regarding
  cardiopulmonary resuscitation training.