NY Pub Health L § 3000-B (2021)
2021 New York Laws PBH - Public Health Article 30 - 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; (ii) a  physician  assistant  or  nurse  practitioner  with   knowledge   and experience  in the delivery of emergency cardiac care, and who is acting within his or her scope of practice; or (iii) 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.