Requires camps and youth leagues to have automated external defibrillators; requires camps and youth leagues to have at least one person trained to use such defibrillators at camps, games and practices.
STATE OF NEW YORK
________________________________________________________________________
10322
IN ASSEMBLY
May 13, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Otis) --
read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to requiring camps
and youth leagues to have automated external defibrillators
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 3000-e to read as follows:
3 § 3000-e. Automated external defibrillator; camps and youth leagues.
4 1. Definitions. As used in this section, unless the context clearly
5 requires otherwise, the following terms have the following meanings:
6 (a) "Automated external defibrillator" means a medical device,
7 approved by the United States food and drug administration, that: (i) is
8 capable of recognizing the presence or absence in a patient of ventricu-
9 lar fibrillation and rapid ventricular tachycardia; (ii) is capable of
10 determining, without intervention by an operator, whether defibrillation
11 should be performed on a patient; (iii) upon determining that defibril-
12 lation should be performed, automatically charges and requests delivery
13 of an electrical impulse to a patient's heart; and (iv) then, upon
14 action by an operator, delivers an appropriate electrical impulse to a
15 patient's heart to perform defibrillation.
16 (b) "Training course" means a course approved by a nationally-recog-
17 nized organization or the state emergency medical services council in
18 the operation of automated external defibrillators.
19 (c) "Nationally-recognized organization" means a national organization
20 approved by the department for the purpose of training people in use of
21 an automated external defibrillator.
22 (d) "Camp" means a children's overnight camp, summer day camp, or
23 traveling summer day camp as such terms are defined in section thirteen
24 hundred ninety-two of this chapter.
25 (e) "Youth league" means youth recreation sports leagues other than
26 the public school leagues, including school leagues, little leagues,
27 community based organization leagues, and unaffiliated leagues.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14491-01-2
A. 10322 2
1 (f) "Youth recreation" means athletic activity with participants who
2 are all seventeen years old or younger and shall include grade school
3 through high school athletic programs regardless of the age of the
4 participants.
5 2. A camp or youth league shall:
6 (a) make available an automated external defibrillator at every camp,
7 game and practice; and
8 (b) ensure that there is at least one employee, volunteer, coach,
9 umpire or other qualified adult who is present at each such camp, game
10 and practice who has successfully completed a training course within
11 twenty-four months of each such camp session, game and practice.
12 3. (a) No permits or other certifications shall be issued for the
13 operation of any camp or for the use of any public facility, including
14 parks and recreational facilities owned by the state or a municipality,
15 by a youth league unless such camp or youth league certifies that it
16 will comply with paragraph (b) of subdivision two of this section for
17 the duration of the season for which the permit or certification is
18 sought.
19 (b) Each camp and youth league shall maintain records that it
20 possesses a sufficient number of automated external defibrillators to
21 meet the requirements of paragraph (b) of subdivision two of this
22 section for three years from the date such camp league receives the
23 permit or certification that was the subject of the application.
24 (c) Any person who voluntarily and without expectation of monetary
25 compensation renders first aid or emergency treatment using an automated
26 external defibrillator that has been made available pursuant to this
27 section, to a person who is unconscious, ill or injured, and any indi-
28 vidual or entity that purchases or makes available an automated external
29 defibrillator as required by this section, is entitled to the limitation
30 of liability provided in section three thousand-a of this article.
31 4. (a) Nothing contained in this section imposes any duty or obli-
32 gation on any person to provide assistance with an automated external
33 defibrillator to a victim of a medical emergency.
34 (b) Nothing contained in this section affects the obligations or
35 liability of emergency health providers pursuant to section three thou-
36 sand-b of this article.
37 5. (a) Any camp or youth league that violates the provisions of para-
38 graph (b) of subdivision two or paragraph (b) of subdivision three of
39 this section shall receive a warning for a first violation and shall be
40 liable for a civil penalty of one thousand dollars for each subsequent
41 violation.
42 (b) No permit or certification shall be issued to any camp or youth
43 league that has a past due outstanding penalty for a violation issued
44 pursuant to paragraph (a) of this subdivision.
45 6. The commissioner is authorized and directed to promulgate any rules
46 as may be necessary for the purposes of carrying out the provisions of
47 this section.
48 § 2. This act shall take effect immediately.
