Requires nonpublic schools provide and maintain on-site automatic external defibrillator (AED) equipment on school grounds and assure that AED equipment is available for off-site curricular events, extracurricular events or school-sponsored athletic events.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6486
SPONSOR: Otis TITLE OF BILL:
An act to amend the education law, in relation to requiring on-site
cardiac automated external defibrillators for nonpublic schools
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require all non-public schools to provide
and maintain AEDs in their school facilities.
SUMMARY OF PROVISIONS:
Section 1 amends the education law by adding a new section 917-a to
require non-public schools to provide and maintain AEDs on-site in each
instructional school facility.
Section 2 is the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
n/a
JUSTIFICATION:
More than 357,000 EMS assessed cardiac arrests occur outside of the
hospital each year in the United States. Almost 90% are fatal, but
victims who receive immediate medical attention, including CPR and the
use of an automated external defibrillator (AED), are much more likely
to survive than those who do not. While sudden cardiac arrest is rare in
children, it does occur. And at least a quarter of reported incidents
occur in public places, like schools.
AEDs are computerized, portable devices that analyze the heart rhythm of
someone experiencing a cardiac arrest and deliver an electric shock to
restore the heart rhythm, when appropriate. AEDs are designed to be used
by a layperson; they come with clear instructions and voice prompts to
walk a user through the steps. And crucially, they can deliver immediate
care to someone experiencing a cardiac event, eliminating the need to
wait for EMS to arrive. Combined with CPR, AEDs are lifesaving when used
in the first few minutes after someone experiences a cardiac incident.
Current law requires public schools to have AEDs available in school
buildings, but does not extend to non-public schools. According to a
national survey of schools, 2 in every 50 schools can expect a cardiac
event to occur each year. Students, teachers, and visitors all stand to
benefit from the availability of AEDs in school buildings, including in
non-public schools. Indeed, the American College of Cardiology advocates
for AEDs in all population dense locations, including in all types of
schools.
This legislation requires non-public schools to provide and maintain
AEDs in their school facilities. Non-public schools will also have to
ensure an AED is available for all school-sponsored competitive athletic
events that may occur off-site. The bill includes liability protection
and protection from scope of practice claims for individuals who use an
AED in a non-public school in an emergency situation in good faith and
outside of the scope of their normal duties.
PRIOR LEGISLATIVE HISTORY:
A9331-B/S8409-B (Otis/MAYER): died in ways and means/PASSED SENATE
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
none
EFFECTIVE DATE:
This act shall take effect on July 1, 2026.
STATE OF NEW YORK
________________________________________________________________________
6486
2025-2026 Regular Sessions
IN ASSEMBLY
March 5, 2025
___________
Introduced by M. of A. OTIS, SAYEGH -- read once and referred 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:
1 Section 1. The education law is amended by adding a new section 917-a
2 to read as follows:
3 § 917-a. On-site cardiac automated external defibrillator in nonpublic
4 schools. 1. Nonpublic schools shall provide and maintain on-site in each
5 instructional school facility automated external defibrillator (AED)
6 equipment, as defined in paragraph (a) of subdivision one of section
7 three thousand-b of the public health law, in quantities and types
8 deemed by the commissioner in consultation with the commissioner of
9 health to be adequate to ensure ready and appropriate access for use
10 during emergencies. Nonpublic schools shall cause such AED to be main-
11 tained and tested according to such applicable standards of the manufac-
12 turer and any appropriate government agency.
13 2. Whenever nonpublic school facilities pursuant to subdivision one of
14 this section are used for school-sponsored or school-approved curricular
15 or extracurricular events or activities and whenever a school-sponsored
16 athletic contest is held at any location, the nonpublic school officials
17 and administrators responsible for such school facility or athletic
18 contest shall ensure the presence of at least one staff person who is
19 trained, pursuant to subdivision three of this section in the operation
20 and use of an AED. Where a school-sponsored competitive athletic event
21 is held at a site other than a nonpublic school facility, the nonpublic
22 school officials shall ensure that AED equipment is provided on-site.
23 3. No person may operate an AED in a nonpublic school facility unless
24 the person has successfully completed a training course in the operation
25 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
A. 6486 2
1 defined in paragraph (d) of subdivision one of section three thousand-b
2 of the public health law or the state emergency medical services coun-
3 cil. However, this section shall not prohibit operation of an AED:
4 (a) by a health care practitioner licensed or certified under title
5 eight of this chapter or a person certified under article thirty of the
6 public health law acting within their lawful scope of practice;
7 (b) by a person acting pursuant to a lawful prescription; or
8 (c) by a person who operates the AED other than as part of or inci-
9 dental to their employment or regular duties, who is acting in good
10 faith, with reasonable care, and without expectation of monetary compen-
11 sation, to provide first aid that includes operation of an AED; nor
12 shall this section limit any good samaritan protections provided in
13 section three thousand-a of the public health law.
14 4. Every use of an AED on a patient in a nonpublic school shall be
15 immediately reported to the appropriate local emergency medical services
16 system, emergency communications center or emergency vehicle dispatch
17 center, as appropriate.
18 5. Nonpublic schools shall notify the appropriate regional emergency
19 services council of the existence, location and type of any AED they
20 possess.
21 6. A nonpublic school shall post a sign or notice at the main entrance
22 to the facility or building in which the automated external defibrilla-
23 tor is stored, indicating the location where any such automated external
24 defibrillator is stored or maintained in such building or facility on a
25 regular basis.
26 7. (a) Operation of an AED pursuant to this section in a nonpublic
27 school shall be considered first aid or emergency treatment for the
28 purpose of any statute relating to liability; and
29 (b) Operation of an AED pursuant to this section in a nonpublic school
30 shall not constitute the unlawful practice of a profession under title
31 eight of this chapter.
32 § 2. This act shall take effect July 1, 2026. Effective immediately,
33 the addition, amendment and/or repeal of any rule or regulation neces-
34 sary for the implementation of this act on its effective date are
35 authorized to be made and completed on or before such effective date.
