N.Y. PBH Law § 3000-B — New York Code / Act PBH / Article 30 / Section 3000-B
Automated external defibrillators: Public access providers
Status: in_force

§ 3000-b. Automated external defibrillators: Public access providers.\n1.  As used in this section, unless the context clearly requires\notherwise, the following terms shall have the following meanings:\n  (a) "Automated external defibrillator" means a medical device,\napproved by the United States food and drug administration, that is\ncapable with or without intervention by an operator of: recognizing the\npresence or absence, in a patient, of ventricular fibrillation and rapid\nventricular tachycardia; determining whether defibrillation should be\nperformed on the patient; upon determining that defibrillation should be\nperformed, automatically charging; and delivering an appropriate\nelectrical impulse to the patient's heart to perform defibrillation.\n  (b) "Public access defibrillation provider" means a person, firm,\norganization or other entity possessing or operating an automated\nexternal defibrillator pursuant to this section.\n  2. A person, firm, organization or other entity may purchase, acquire,\npossess and operate an automated external defibrillator pursuant to this\nsection. Operation of an automated external defibrillator under this\nsection shall be authorized in accordance with regulations promulgated\nby the department.\n  3. A public access defibrillation provider in possession of an\nautomated external defibrillator shall comply with the following\nrequirements, in a manner prescribed by the department:\n  (a) The public access defibrillation provider shall provide training\nin the use of an automated external defibrillator and cardiopulmonary\nresuscitation consistent with standards approved by the department,\nincluding but not limited to programs developed or authorized by the\ndepartment or determined by the department to be consistent with\naccepted standards of practice. At least one individual associated with\nthe public access defibrillation provider shall be designated to receive\nsuch training and to be familiar with the operation and routine\nmaintenance of the automated external defibrillator.\n  (b) The public access defibrillation provider shall cause the\nautomated external defibrillator to be maintained and tested according\nto applicable standards of the manufacturer and any appropriate\ngovernment agency.\n  (c) (i) The public access defibrillation provider shall register the\nexistence, location and type of any automated external defibrillator it\npossesses with the department.\n  (ii) The department shall establish and maintain an electronic\ndatabase, accessible to the public, containing information collected\nunder this paragraph. The database shall include the location and type\nof each automated external defibrillator reported to the department.\n  (d) Every use of an automated external defibrillator on a patient\nshall be immediately reported to the appropriate local emergency medical\nservices system or public safety answering point.\n  (e) The public access defibrillator provider shall report data related\nto the use of automated external defibrillators to the department. When\navailable, the department shall incorporate data related to patient\nhealth outcomes, response times, whether a bystander administered CPR or\nused an automated external defibrillator, and any other information\ndeemed appropriate by the commissioner into statewide or regional\nquality improvement and cardiac arrest surveillance programs, including\nparticipation in nationally recognized registries, as determined by the\ndepartment. Confidential patient information shall be deidentified prior\nto incorporation.\n  (f) The public access defibrillation provider shall post a sign or\nnotice at the main entrance to the facility or building in which the\nautomated external defibrillator is stored, indicating the location\nwhere any such automated external defibrillator is stored or maintained\nin such building or facility on a regular basis.\n  4. Operation of an automated external defibrillator pursuant to this\nsection shall be considered first aid or emergency treatment for the\npurpose of any statute relating to liability and shall not constitute\nthe unlawful practice of a profession under title VIII of the education\nlaw.\n  5. Any manufacturer, distributor, retailer, or reseller that sells or\notherwise transfers an automated external defibrillator for use in this\nstate shall, at the time of sale or transfer, provide the purchaser with\nwritten or electronic notice of applicable requirements under this\nsection, including registration, maintenance, and reporting obligations,\nin a form prescribed by the department.\n