NY Pub Health L § 3000-D (2021)
2021 New York Laws PBH - Public Health Article 30 - Emergency Medical Services 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.