N.Y. Pub. Health Law § 3000-b

§ 3000-b. Automated external defibrillators: Public access providers.\n1. Definitions. As used in this section, unless the context clearly\nrequires otherwise, the following terms shall have the following\nmeanings:\n (a) "Automated external defibrillator" means a medical device,\napproved by the United States food and drug administration, that: (i) is\ncapable of recognizing the presence or absence, in a patient, of\nventricular fibrillation and rapid ventricular tachycardia; (ii) is\ncapable of determining, without intervention by an operator, whether\ndefibrillation should be performed on the patient; (iii) upon\ndetermining that defibrillation should be performed, automatically\ncharges and requests delivery of an electrical impulse to the patient's\nheart; and (iv) then, upon action by an operator, delivers an\nappropriate electrical impulse to the patient's heart to perform\ndefibrillation.\n * (b) "Emergency health care provider" means (i) a physician with\nknowledge and experience in the delivery of emergency cardiac care; or\n(ii) a hospital licensed under article twenty-eight of this chapter that\nprovides emergency cardiac care.\n * NB Effective until January 21, 2018\n * (b) "Emergency health care provider" means (i) a physician with\nknowledge and experience in the delivery of emergency cardiac care; (ii)\na physician assistant or nurse practitioner with knowledge and\nexperience in the delivery of emergency cardiac care, and who is acting\nwithin his or her scope of practice; or (iii) a hospital licensed under\narticle twenty-eight of this chapter that provides emergency cardiac\ncare.\n * NB Effective January 21, 2018\n (c) "Public access defibrillation provider" means a person, firm,\norganization or other entity possessing or operating an automated\nexternal defibrillator pursuant to a collaborative agreement under this\nsection.\n (d) "Nationally-recognized organization" means a national organization\napproved by the department for the purpose of training people in use of\nan automated external defibrillator.\n 2. Collaborative agreement. A person, firm, organization or other\nentity may purchase, acquire, possess and operate an automated external\ndefibrillator pursuant to a collaborative agreement with an emergency\nhealth care provider. The collaborative agreement shall include a\nwritten agreement and written practice protocols, and policies and\nprocedures that shall assure compliance with this section. The public\naccess defibrillation provider shall file a copy of the collaborative\nagreement with the department and with the appropriate regional council\nprior to operating the automated external defibrillator.\n 3. Possession and operation of automated external defibrillator.\nPossession and operation of an automated external defibrillator by a\npublic access defibrillation provider shall comply with the following:\n (a) No person may operate an automated external defibrillator unless\nthe person has successfully completed a training course in the operation\nof an automated external defibrillator approved by a\nnationally-recognized organization or the state emergency medical\nservices council. However, this section shall not prohibit operation of\nan automated external defibrillator, (i) by a health care practitioner\nlicensed or certified under title VIII of the education law or a person\ncertified under this article acting within his or her lawful scope of\npractice; (ii) by a person acting pursuant to a lawful prescription; or\n(iii) by a person who operates the automated external defibrillator\nother than as part of or incidental to his or her employment or regular\nduties, who is acting in good faith, with reasonable care, and without\nexpectation of monetary compensation, to provide first aid that includes\noperation of an automated external defibrillator; nor shall this section\nlimit any good samaritan protections provided in section three\nthousand-a of this article.\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) The public access defibrillation provider shall notify the\nregional council of the existence, location and type of any automated\nexternal defibrillator it possesses.\n (d) Every use of an automated external defibrillator on a patient\nshall be immediately reported to the appropriate local emergency medical\nservices system, emergency communications center or emergency vehicle\ndispatch center as appropriate and promptly reported to the emergency\nhealth care provider.\n (e) The emergency health care provider shall participate in the\nregional quality improvement program pursuant to subdivision one of\nsection three thousand four-a of this article.\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. Application of other laws. (a) Operation of an automated external\ndefibrillator pursuant to this section shall be considered first aid or\nemergency treatment for the purpose of any statute relating to\nliability.\n (b) Operation of an automated external defibrillator pursuant to this\nsection shall not constitute the unlawful practice of a profession under\ntitle VIII of the education law.\n