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See Bill Summary
S T A T E O F N E W Y O R K
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5084--A
2003-2004 Regular Sessions
I N A S S E M B L Y
February 24, 2003
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Introduced by M. of A. WEISENBERG, JACOBS -- read once and referred to
the Committee on Tourism, Arts and Sports Development -- recommitted
to the Committee on Tourism, Arts and Sports Development in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to requiring
certain health clubs to have at least one automated external defibril-
lator, requiring health club employees to be certified in cardiopulmo-
nary resuscitation and requiring such employees to be certified in the
operation of automated external defibrillators
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 621 of the general business law is amended by
2 adding two new subdivisions 6 and 7 to read as follows:
3 6. "CARDIOPULMONARY RESUSCITATION" OR "CPR" AS USED IN THIS ARTICLE
4 MEANS MEASURES, AS SPECIFIED IN REGULATIONS PROMULGATED BY THE COMMIS-
5 SIONER OF HEALTH, TO RESTORE FUNCTION OR SUPPORT VENTILATION IN THE
6 EVENT OF A CARDIAC OR RESPIRATORY ARREST. CARDIOPULMONARY RESUSCITATION
7 SHALL NOT INCLUDE MEASURES TO IMPROVE VENTILATION AND CARDIAC FUNCTIONS
8 IN THE ABSENCE OF AN ARREST.
9 7. "AUTOMATED EXTERNAL DEFIBRILLATOR" OR "AED" AS USED IN THIS ARTICLE
10 MEANS A MEDICAL DEVICE APPROVED BY THE FEDERAL FOOD AND DRUG ADMINIS-
11 TRATION THAT (A) IS CAPABLE OF RECOGNIZING THE PRESENCE OR ABSENCE IN A
12 PATIENT OF VENTRICULAR FIBRILLATION AND RAPID VENTRICULAR TACHYCARDIA;
13 (B) IS CAPABLE OF DETERMINING, WITHOUT INTERVENTION BY AN OPERATOR,
14 WHETHER DEFIBRILLATION SHOULD BE PERFORMED ON THE PATIENT; (C) UPON
15 DETERMINING THAT DEFIBRILLATION SHOULD BE PERFORMED, AUTOMATICALLY
16 CHARGES AND REQUESTS DELIVERY OF AN ELECTRICAL IMPULSE TO THE PATIENT`S
17 HEART; AND (D) UPON ACTION BY AN OPERATOR, DELIVERS AN APPROPRIATE ELEC-
18 TRICAL IMPULSE TO THE PATIENT`S HEART TO PERFORM DEFIBRILLATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD01075-02-4
A. 5084--A 2
1 S 2. The general business law is amended by adding a new section 627-a
2 to read as follows:
3 S 627-A. AUTOMATED EXTERNAL DEFIBRILLATOR REQUIREMENTS. 1. EVERY
4 HEALTH CLUB AS DEFINED UNDER PARAGRAPH B OF SUBDIVISION ONE OF SECTION
5 THREE THOUSAND-D OF THE PUBLIC HEALTH LAW WHOSE MEMBERSHIP IS FIVE
6 HUNDRED PERSONS OR MORE SHALL HAVE ON THE PREMISES AT LEAST ONE AUTO-
7 MATED EXTERNAL DEFIBRILLATOR AND SHALL HAVE IN ATTENDANCE, AT ALL TIMES
8 DURING BUSINESS HOURS, AT LEAST ONE INDIVIDUAL PERFORMING EMPLOYMENT OR
9 INDIVIDUAL ACTING AS AN AUTHORIZED VOLUNTEER WHO HOLDS A VALID CERTIF-
10 ICATION OF COMPLETION OF A COURSE IN THE STUDY OF THE OPERATION OF AEDS
11 AND A VALID CERTIFICATION OF THE COMPLETION OF A COURSE IN THE TRAINING
12 OF CARDIOPULMONARY RESUSCITATION PROVIDED BY A NATIONALLY RECOGNIZED
13 ORGANIZATION OR ASSOCIATION.
14 2. HEALTH CLUBS AND STAFF PURSUANT TO SUBDIVISION ONE OF THIS SECTION
15 SHALL BE DEEMED A "PUBLIC ACCESS DEFIBRILLATION PROVIDER" AS DEFINED IN
16 PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION THREE THOUSAND-B OF THE
17 PUBLIC HEALTH LAW AND SHALL BE SUBJECT TO THE REQUIREMENTS AND LIMITA-
18 TION OF SUCH SECTION.
19 3. PURSUANT TO SECTIONS THREE THOUSAND-A AND THREE THOUSAND-B OF THE
20 PUBLIC HEALTH LAW, ANY PUBLIC ACCESS DEFIBRILLATION PROVIDER, OR ANY
21 EMPLOYEE OR OTHER AGENT OF THE PROVIDER WHO, IN ACCORDANCE WITH THE
22 PROVISIONS OF THIS SECTION, VOLUNTARILY AND WITHOUT EXPECTATION OF MONE-
23 TARY COMPENSATION RENDERS EMERGENCY MEDICAL OR FIRST AID TREATMENT USING
24 AN AED WHICH HAS BEEN MADE AVAILABLE PURSUANT TO THIS SECTION, TO A
25 PERSON WHO IS UNCONSCIOUS, ILL OR INJURED, SHALL BE LIABLE ONLY PURSUANT
26 TO SECTION THREE THOUSAND-A OF THE PUBLIC HEALTH LAW.
27 S 3. This act shall take effect on the one hundred eightieth day after
28 it shall have become a law; provided that any rules and regulations
29 necessary to implement the provisions of this act on its effective date
30 are authorized and directed to be added, amended and/or repealed on or
31 before such date.
.SO DOC A 5084A *END* BTXT 2003
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