BILL NUMBER: S2590
SPONSOR: MAYER
 
TITLE OF BILL:
An act to amend the education law, in relation to requiring on-site
cardiac automated external defibrillators for nonpublic schools
 
PURPOSE:
This legislation will require all non-public schools to provide and
maintain AEDs in their school facilities.
 
SUMMARY OF SPECIFIC 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 sets forth the effective date.
 
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 imme-
diate 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 inci-
dent.5
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:
S8409B/A9331B (2024): Passed Senate; died in Assembly Ways and Means
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on July 1, 2026.
1 American Heart Association. Race Against the Clock: Out-of-Hospital
Cardiac Arrest." Accessed on Jan 21, 2024 at
https://www.heart.org/-/media/Files/About-Us
/Policy-Research/Fact-Sheets/Acute-Care/Out-of-Hospital- Cardiac-Ar-
rest.pdf
2 https ://www.heaIth.ny.gov/diseases/chronic/sca/
3 Food and Drug Administration. "Automated External Defibrillators."
Accessed on Jan 21, 2024 at https://www.fda.eov/medical-
devices/cardiovascular-devices/ automated-external-defibrillators-aeds
4 American Heart Association. "5 things to know about AEDs after a defi-
brillator helped save Damar Hamlin." Accessed on Jan 21,2024 at https
://www.heart.org/en/news/2023/01/17/ 5-things-to-know-about-aeds-after-a
-defibrillator-helped-save-damar-hamlin
5 Food and Drug Administration. "Automated External Defibrillators."
Accessed on Jan 21, 2024 at https://www.fda,eov/medical-devices/
cardiovascular-devices/automated-externaI -defibriIIators-aeds22
6 Chapter 60 of the laws of 2002
7 Katie Glenn. "Requirements for AEDs in U.S. Schools Need Improvement."
American College of Cardiology. Accessed Jan 21, 2024 at
httos://www.acc.orgiabout-acc/oress-rejeases /2017/03 /
27/12/58/requirements-for-aeds- in-us-schgols-need-improverment