2023 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.