In New York, AED programs are subject to various requirements including maintenance, training, medical oversight, placement reporting, post-event reporting, and other stipulations. However, the extent of Good Samaritan immunity protection is primarily focused on the use of an AED, leaving other activities within AED programs uncovered. The clarity regarding the protected conduct is diminished due to ambiguities in the law's formulation. New York mandates the presence of AEDs in numerous locations, encompassing specific health clubs, schools, venues with large occupancies, certain government-managed buildings, bathing beaches, and dentist offices.
New York Key Takeaways
-
Good Samaritan Law:
- Liability protection is extended to various parties including the AED user, prescribing physician, AED trainer, provider, and operator of the AED under the Good Samaritan law.
-
AED Location:
- AED providers are required to inform the regional council about the location of the AED.
-
Medical Oversight:
- AED providers must establish a medical oversight program in compliance with a collaborative agreement with an emergency physician or licensed hospital.
-
AED Maintenance:
- Providers are responsible for maintaining and testing the AED according to the manufacturer's operational guidelines.
-
AED Training:
- Anticipated AED users must undergo CPR/AED training provided by the AED provider or operator.
-
Schools:
- Every school must have AEDs and personnel trained in CPR/AED to ensure prompt access. AEDs and trained employees must be present at all school-sponsored activities and athletic contests.
- Senior high schools may include instructions on the correct use of an AED as part of their health education curriculum if they choose to include CPR training.
-
Beaches:
- Beaches and pools with lifeguards are mandated to have an AED.
-
State Buildings:
- State buildings must maintain an adequate number of AEDs and trained operators for emergency situations.
-
Health Clubs:
- Health clubs with a membership of five hundred or more individuals must have at least one AED onsite. Additionally, during staffed business hours, at least one individual with valid certifications in AED operation and CPR must be present.
-
Dentist Offices:
- Dentists are required to be CPR certified, and AEDs should be maintained at dental offices.
AED's save lives every day and you can make a difference! Besides the states requirements, we believe AED's should be readily available everywhere, within arms reach in case of an emergency.
Please call with any additional questions at 1-800-441-8378.
Thank You