AED Legal Analysis for New York
Summary
An AED provider must notify the regional council of the AED's location; initiate medical oversight program in compliance with a collaborative agreement with an emergency physician or licensed hospital; and assume responsibility for maintenance and testing of the AED according to the AED manufacturer's operational guidelines.
Anticipated AED users must be trained by the AED provider or operator in CPR/AED.
Good Samaritan protection is available to the AED user, prescribing physician, AED trainer, provider, and operator of the AED, except in cases of negligence, gross negligence or intentional misconduct.
Every school must have AEDs and CPR/AED trained personnel in such numbers so as to ensure ready and appropriate access. AEDs and AED-trained employees must be present at all school sponsored activities and athletic contests at any location.
Instructions regarding the correct use of an AED shall be included as a part of the health education curriculum in all senior high schools if that senior high school chooses to include CPR training as part of its curriculum.
Beaches and pools with lifeguards are required to have an AED.
State buildings must provide and maintain sufficient number of AEDs and trained AED operators for emergencies.
Effective 4/18/2020, trampoline parks are required to have AEDs.
Anticipated AED users must be trained by the AED provider or operator in CPR/AED.
Good Samaritan protection is available to the AED user, prescribing physician, AED trainer, provider, and operator of the AED, except in cases of negligence, gross negligence or intentional misconduct.
Every school must have AEDs and CPR/AED trained personnel in such numbers so as to ensure ready and appropriate access. AEDs and AED-trained employees must be present at all school sponsored activities and athletic contests at any location.
Instructions regarding the correct use of an AED shall be included as a part of the health education curriculum in all senior high schools if that senior high school chooses to include CPR training as part of its curriculum.
Beaches and pools with lifeguards are required to have an AED.
State buildings must provide and maintain sufficient number of AEDs and trained AED operators for emergencies.
Effective 4/18/2020, trampoline parks are required to have AEDs.
Related Laws
| Statute | Law Type | Effective Date | Abstract |
|---|---|---|---|
| New York General Business Law - Article 12-C Trampoline Park Safety | Other Requirements | 2020-04-18 | § 221. Business permits. * § 221. Business permits. No trampoline park may operate in the state without a permit issued by the department except as provided in section two hundred twenty-one-a of this article. Such permits are not transferable and if any permit holder voluntarily discontinues operation of the trampoline park, then all rights secured under the permit are terminated. 1. Before commencement of the operation of a trampoline park the owner shall make an application to the department for a permit to operate, which shall be accompanied by an annual nonrefundable fee of two hundred dollars. The permit shall be valid for a period of one year. 2. A permit to operate shall be issued to the owner of a trampoline park when: (a) a completed application has been made to the department; (b) the trampoline park has passed all required inspections; and (c) the liability insurance or bond required by section two hundred twenty-eight of this article has been met in the amount prescribed. 3. The department may revoke any permit issued pursuant to this article if it is determined that a trampoline park is: (a) being used or operated without the inspections required by this article; (b) being used or operated without the insurance or other security of this article; or (c) being used or operated in a manner not recommended by the manufacturer, or out of compliance with department approved trampoline park policies, safeguards and procedures which presents risk of serious injury to participants or members of the public. 4. The department shall maintain an on-line statewide registry of permitted trampoline parks and a record of safety violations. * * * § 224. Trampoline park employee training, equipment and supervision. An owner and/or operator shall: 1. ensure that during all hours of operation the trampoline park has an operable automated external defibrillator; 2. ensure that all employees are certified in first aid and CPR; 3. ensure that all participants are instructed by an employee about the potential risks and safety guidelines; 4. require that trampoline park employees monitor the trampoline court and participants during all hours of operation; 5. ensure that the number of trampoline park employees described in subdivision four of this section is adequate to view each area of the trampoline court; and 6. prominently display throughout the trampoline park contrasted safety, warning, advisory, and instructional signage reflecting the trampoline park's rules as provided for in section two hundred twenty-eight-a of this article. * * * * Effective April 18, 2020 |
| N.Y. Educ. Law - § 804-d | Training Requirements | 2018-02-15 | Instructions regarding the correct use of an automated external defibrillator shall be included as a part of the health education curriculum in all senior high schools when cardiopulmonary resuscitation instruction is being provided as authorized by section eight hundred four-c of this article. In addition to the requirement that all teachers of health education shall be certified to teach health, persons instructing pupils in the correct use of automated external defibrillators shall possess valid certification by a nationally recognized organization or the state emergency medical services council offering certification in the operation of an automated external defibrillator and in its instruction. |
| N.Y. Codes Rules & Regs - 9 NYCRR 303.1 et seq | Other Requirements | 2018-02-15 | Each State agency shall comply with the provisions of Public Health Law, section 3000-b. Each State agency shall endeavor to provide and maintain on-site at each of its public buildings a sufficient number of functional cardiac AED devices, and shall endeavor to provide a sufficient number of trained AED operators for emergencies, in accordance with these regulations, unless conditions exist in a certain structure that prevent a State agency from reasonably complying with the requirements of these regulations. |
| N.Y. Pub. Health Law § 225 | Mandate | 2017-02-15 | Requires each place of public assembly to provide and maintain on-site an AED. Requires any public or private surf beach or swimming facility which is required by any other provision of law to be supervised by a surf lifeguard to provide and maintain on-site an AED. |
| 10 NYCRR § 6-2.17 | Mandate; Other Requirement | 2017-02-15 | Requires each ocean surf beach to have at least one AED, and to maintain on-site records of 1.) a copy of a collaborative agreement between an emergency health care provider and the ocean surf beach operator, 2) a copy of the notification to the regional emergency medical services council of the existence, location, and type of automated external defibrillator, and 3) records of maintenance and testing. |
| 8 NYCRR § 136.4 | Mandate | 2017-02-15 | Requires each school district, board of cooperative educational services, county vocational education and extension board and charter school shall provide and maintain on-site in each instructional school facility "sufficient" AEDs (a number to be determined by taking into consideration number of students and staff and the layout of the facility). |
| N.Y. Educ. Law § 6611 | Mandate | All dental facilities shall have an AED or other defibrillator at the facility. | |
| N.Y. Educ. Law § 917 | Mandate | School districts, boards of cooperative educational services, county vocational education and extension boards and charter schools shall provide and maintain on-site in each instructional school facility AED equipment. | |
| N.Y. Gen. Bus. Law § 627-a. | Mandate | Every health club whose membership is 500 persons or more shall have on the premises at least one AED and shall have in attendance, at all times during staffed business hours, at least one individual performing employment or individual acting as an authorized volunteer who holds a valid certification of completion of a course in the study of the operation of AEDs. | |
| N.Y. Pub. Health Law § 3000-a | Good Samaritan | Any person who, or entity, partnership, corporation, firm or society that, purchases, operates, facilitates implementation or makes available resuscitation equipment that facilitates first aid, an AED or an epinephrine auto-injector device as required by or pursuant to law or local law shall not be liable for damages arising either from the use of that equipment by a person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment, or from the use of defectively manufactured equipment; provided that this subdivision shall not limit the person's or entity's, partnership's, corporation's, firm's, society's or the emergency health care provider's liability for his, her or its own negligence, gross negligence or intentional misconduct. | |
| N.Y. Pub. Health Law § 3000-b | Training; Other requirement | “Public access defibrillation provider” means a person, firm, organization or other entity possessing or operating an AED pursuant to a collaborative agreement under this section. "Collaborative agreement." A person, firm, organization or other entity may purchase, acquire, possess and operate an AED pursuant to a collaborative agreement with an emergency health care provider. Possession and operation of an AED by a public access defibrillation provider shall comply with the following: (a) No person may operate an AED unless the person has successfully completed a training course in the operation of an AED approved by a nationally-recognized organization or the state emergency medical services council. The public access defibrillation provider shall post a sign or notice at the main entrance to the facility or building in which the AED is stored, indicating the location where any such automated external defibrillator is stored or maintained in such building or facility on a regular basis. |
We make every attempt to ensure the accuracy of our research regarding automated external defibrillator (AED) unit laws in each state across the country, however, with laws varying from state-to-state and even on a local basis, as you might imagine, staying abreast of constant changes is a very challenging process. As such, it's important to note that our findings should be used for informational purposes only and that any specific AED laws or AED requirements for your AED program should be developed between you and your legal counsel. If you have any suggestions, information, or tips on new or pending AED unit legislation that you feel might help improve our AED requirement pages, please contact us to let us know! By spreading knowledge about how to build and manage legally compliant AED programs, we hope to improve survival rates from sudden cardiac arrest.