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A07013 Summary:

BILL NOA07013A
 
SAME ASSAME AS S04100-A
 
SPONSORSolages
 
COSPNSRDavila
 
MLTSPNSR
 
Amd §917, Ed L
 
Requires automated external defibrillator equipment to be immediately available at school-sponsored events; requires school districts, boards of cooperative educational services, county vocational education and extension boards and charter schools to develop and implement a cardiac emergency response plan.
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A07013 Actions:

BILL NOA07013A
 
05/10/2023referred to education
01/03/2024referred to education
02/16/2024amend (t) and recommit to education
02/16/2024print number 7013a
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A07013 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7013A
 
SPONSOR: Solages
  TITLE OF BILL: An act to amend the education law, in relation to requiring automated external defibrillator equipment to be immediately available at school- sponsored events   PURPOSE: To require school districts, BOCES, vocational education, and charter schools to have an AED immediately available to coaching and/or training staff at any school-sponsored event.   SUMMARY: Section 1. Amends subdivisions 1, 2, 3 and 4 of section 917 of the education law, as amended by chapter 61 of the laws of 2002. Section 2. Sets the effective date.   JUSTIFICATION: Instances of sudden cardiac arrest often occur at athletic events, including in the case of Buffalo Bills' player Damar Hamlin, who collapsed on the field during a game and had to be resuscitated on the playing field, undoubtedly saving his life due to the presence of an automated external defibrillator (AED). Currently, New York has a stat- ute requiring AEDs be present somewhere in all types of schools, yet there is no requirement that the AED specifically be immediately avail- able at school athletic events. Rather, current law simply requires an AED be provided "on-site." This could lead to situations where an athletic trainer or coach must travel into or to another part of the school building to grab the AED, and then take it back to the location of the person with a sudden cardiac arrest. When an individual's heart stops, time is of the essence. Studies have shown that mortality rates increase for every second longer it takes to administer an AED shock to the heart. This means having an AED phys- ically on-site of the athletic event would save precious time should a sudden cardiac arrest occur, increasing the survivability rate of the individual. This bill would clarify existing law to provide that not only should an AED always be on-site at a school, but also should be readily available at the actual athletic event for usage, should one be needed.   RACIAL JUSTICE IMPACT: TBD.   GENDER JUSTICE IMPACT: TBD.   FISCAL IMPACT: TBD   LEGISLATIVE HISTORY: New bill.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law.
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A07013 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7013--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2023
                                       ___________
 
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Education -- recommitted  to  the  Committee  on  Education  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT  to  amend the education law, in relation to requiring automated
          external  defibrillator  equipment  to  be  immediately  available  at
          school-sponsored events
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1, 2, 3 and 4 of section 917 of the  education
     2  law,  as  amended by chapter 61 of the laws of 2002, are amended to read
     3  as follows:
     4    1. School districts, boards of cooperative educational services, coun-
     5  ty vocational education and extension boards and charter  schools  shall
     6  provide and maintain on-site in each instructional school facility auto-
     7  mated  external  defibrillator  (AED) equipment, as defined in paragraph
     8  (a) of subdivision one of section three thousand-b of the public  health
     9  law,  in quantities and types deemed by the commissioner in consultation
    10  with the commissioner of health to  be  adequate  to  ensure  ready  and
    11  appropriate  access  for  use  during emergencies, provided however, and
    12  such AED shall be immediately available in and at all  school  sponsored
    13  events  including  to  athletic  coaching  and/or  training staff at the
    14  location of  any school-sponsored practice or athletic event.
    15    2. School districts, boards of cooperative educational services, coun-
    16  ty vocational education and extension boards and charter  schools  shall
    17  develop  and  implement a cardiac emergency response plan that addresses
    18  the appropriate use of personnel to respond to incidents  involving  any
    19  individual  experiencing sudden cardiac arrest or a similar life-threat-
    20  ening emergency on any school site owned or operated by a school or at a
    21  location of any practice or athletic  event.    Such  cardiac  emergency
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08466-02-4

        A. 7013--A                          2
 
     1  response  plan  shall  include  the  training  of  appropriate personnel
     2  including but not limited to school personnel,  coaches,  school  nurses
     3  and  athletic trainers.  The cardiac emergency response plan shall inte-
     4  grate evidenced based core elements as recommended by the American Heart
     5  Association  or  other  nationally recognized organization that provides
     6  the guidelines training for the use of an automated external defibrilla-
     7  tor (AED) and cardiopulmonary  resuscitation  (CPR)  and  shall  include
     8  provisions  consistent  with requirements of a public access defibrilla-
     9  tion provider pursuant to section three thousand-a and three  thousand-b
    10  of the public health law.
    11    3.  Whenever  public  school facilities pursuant to subdivision one of
    12  this section are used for school sponsored or school approved curricular
    13  or extracurricular events or activities and whenever a  school-sponsored
    14  athletic  contest  is  held at any location, the public school officials
    15  and administrators responsible for  such  school  facility  or  athletic
    16  contest  shall  ensure  the presence of at least one staff person who is
    17  trained, pursuant to paragraph (a) of subdivision three of section three
    18  thousand-b of the public health law, in the operation and use of an AED.
    19  Where a school-sponsored [competitive] practice  or  athletic  event  is
    20  held  at  a  site other than a public school facility, the public school
    21  officials shall assure that automated external  defibrillator  equipment
    22  is  provided  on-site  at the practice or athletic event and immediately
    23  available to athletic coaching and/or training staff.
    24    [3.] 4. Public school facilities and staff  pursuant  to  subdivisions
    25  one and two of this section shall be deemed a "public access defibrilla-
    26  tion provider" as defined in paragraph (c) of subdivision one of section
    27  three  thousand-b  of  the public health law and shall be subject to the
    28  requirements and limitations of such section.
    29    [4.] 5. Pursuant to section three thousand-a and three  thousand-b  of
    30  the public health law, any public access defibrillation provider, or any
    31  employee  or  other  agent  of  the provider who, in accordance with the
    32  provisions of this section, voluntarily and without expectation of mone-
    33  tary compensation renders emergency medical or first aid treatment using
    34  an AED which has been made available pursuant  to  this  section,  to  a
    35  person who is unconscious, ill or injured, shall be liable only pursuant
    36  to section three thousand-a of the public health law.
    37    § 2. This act shall take effect on the one hundred eightieth day after
    38  it shall have become a law.
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