Requires nonpublic schools provide and maintain on-site automatic external defibrillators on school grounds, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2590
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2025
                                ___________
 
 Introduced  by  Sens.  MAYER, JACKSON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  requiring  on-site
   cardiac automated external defibrillators for nonpublic schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section  917-a
 to read as follows:
   § 917-A. ON-SITE CARDIAC AUTOMATED EXTERNAL DEFIBRILLATOR IN NONPUBLIC
 SCHOOLS. 1. NONPUBLIC SCHOOLS SHALL PROVIDE AND MAINTAIN ON-SITE IN EACH
 INSTRUCTIONAL  SCHOOL  FACILITY  AUTOMATED  EXTERNAL DEFIBRILLATOR (AED)
 EQUIPMENT, AS DEFINED IN PARAGRAPH (A) OF  SUBDIVISION  ONE  OF  SECTION
 THREE  THOUSAND-B  OF  THE  PUBLIC  HEALTH  LAW, IN QUANTITIES AND TYPES
 DEEMED BY THE COMMISSIONER IN  CONSULTATION  WITH  THE  COMMISSIONER  OF
 HEALTH  TO  BE  ADEQUATE  TO ENSURE READY AND APPROPRIATE ACCESS FOR USE
 DURING EMERGENCIES.  NONPUBLIC SCHOOLS SHALL CAUSE SUCH AED TO BE  MAIN-
 TAINED AND TESTED ACCORDING TO SUCH APPLICABLE STANDARDS OF THE MANUFAC-
 TURER AND ANY APPROPRIATE GOVERNMENT AGENCY.
   2. WHENEVER NONPUBLIC SCHOOL FACILITIES PURSUANT TO SUBDIVISION ONE OF
 THIS SECTION ARE USED FOR SCHOOL-SPONSORED OR SCHOOL-APPROVED CURRICULAR
 OR  EXTRACURRICULAR EVENTS OR ACTIVITIES AND WHENEVER A SCHOOL-SPONSORED
 ATHLETIC CONTEST IS HELD AT ANY LOCATION, THE NONPUBLIC SCHOOL OFFICIALS
 AND ADMINISTRATORS RESPONSIBLE FOR  SUCH  SCHOOL  FACILITY  OR  ATHLETIC
 CONTEST  SHALL  ENSURE  THE PRESENCE OF AT LEAST ONE STAFF PERSON WHO IS
 TRAINED, PURSUANT TO SUBDIVISION THREE OF THIS SECTION IN THE  OPERATION
 AND  USE  OF AN AED. WHERE A SCHOOL-SPONSORED COMPETITIVE ATHLETIC EVENT
 IS HELD AT A SITE OTHER THAN A NONPUBLIC SCHOOL FACILITY, THE  NONPUBLIC
 SCHOOL OFFICIALS SHALL ENSURE THAT AED EQUIPMENT IS PROVIDED ON-SITE.
   3.  NO PERSON MAY OPERATE AN AED IN A NONPUBLIC SCHOOL FACILITY UNLESS
 THE PERSON HAS SUCCESSFULLY COMPLETED A TRAINING COURSE IN THE OPERATION
 OF AN    AED    APPROVED     BY A NATIONALLY-RECOGNIZED ORGANIZATION  AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06887-01-5
 S. 2590                             2
 
 DEFINED  IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-B
 OF THE PUBLIC HEALTH LAW OR THE STATE EMERGENCY   MEDICAL SERVICES COUN-
 CIL. HOWEVER, THIS SECTION SHALL NOT PROHIBIT OPERATION OF AN AED:
   (A)  BY  A  HEALTH CARE PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE
 EIGHT OF THIS CHAPTER OR A PERSON CERTIFIED UNDER ARTICLE THIRTY OF  THE
 PUBLIC HEALTH LAW ACTING WITHIN THEIR LAWFUL SCOPE OF PRACTICE;
   (B) BY A PERSON ACTING PURSUANT TO A LAWFUL PRESCRIPTION; OR
   (C)  BY  A  PERSON WHO OPERATES THE AED OTHER THAN AS PART OF OR INCI-
 DENTAL TO THEIR EMPLOYMENT OR REGULAR DUTIES,  WHO  IS  ACTING  IN  GOOD
 FAITH, WITH REASONABLE CARE, AND WITHOUT EXPECTATION OF MONETARY COMPEN-
 SATION,  TO  PROVIDE  FIRST  AID  THAT INCLUDES OPERATION OF AN AED; NOR
 SHALL THIS SECTION LIMIT ANY  GOOD  SAMARITAN  PROTECTIONS  PROVIDED  IN
 SECTION THREE THOUSAND-A OF THE PUBLIC HEALTH LAW.
   4.  EVERY  USE  OF  AN AED ON A PATIENT IN A NONPUBLIC SCHOOL SHALL BE
 IMMEDIATELY REPORTED TO THE APPROPRIATE LOCAL EMERGENCY MEDICAL SERVICES
 SYSTEM, EMERGENCY COMMUNICATIONS CENTER OR  EMERGENCY  VEHICLE  DISPATCH
 CENTER, AS APPROPRIATE.
   5.  NONPUBLIC  SCHOOLS SHALL NOTIFY THE APPROPRIATE REGIONAL EMERGENCY
 SERVICES COUNCIL OF THE EXISTENCE, LOCATION AND TYPE  OF  ANY  AED  THEY
 POSSESS.
   6. A NONPUBLIC SCHOOL SHALL POST A SIGN OR NOTICE AT THE MAIN ENTRANCE
 TO THE FACILITY OR BUILDING IN WHICH THE AUTOMATED  EXTERNAL DEFIBRILLA-
 TOR IS STORED, INDICATING THE LOCATION WHERE ANY SUCH AUTOMATED EXTERNAL
 DEFIBRILLATOR IS STORED OR MAINTAINED IN SUCH BUILDING  OR FACILITY ON A
 REGULAR BASIS.
   7.  (A)  OPERATION  OF  AN AED PURSUANT TO THIS SECTION IN A NONPUBLIC
 SCHOOL SHALL BE CONSIDERED FIRST AID  OR  EMERGENCY  TREATMENT  FOR  THE
 PURPOSE OF ANY STATUTE RELATING TO LIABILITY; AND
   (B) OPERATION OF AN AED PURSUANT TO THIS SECTION IN A NONPUBLIC SCHOOL
 SHALL  NOT  CONSTITUTE THE UNLAWFUL PRACTICE OF A PROFESSION UNDER TITLE
 EIGHT OF THIS CHAPTER.
   § 2. This act shall take effect July 1, 2026.  Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.