New York AED Laws

§ 17-188 Automated external defibrillators. a. Definitions. For the purposes of this section, the following terms shall have the following meanings: 1. "Automated external defibrillator" means a medical device, approved by the United States food and drug administration, that: (i) is capable of recognizing the presence or absence in a patient of ventricular fibrillation and rapid ventricular tachycardia. (ii) is capable of determining, without intervention by an individual, whether defribrillation should be performed on a patient. (iii) upon determining that defribrillation should be performed, automatically charges and requests delivery of an electrical impulse to a patient's heart; and (iv) upon action by an individual, delivers an appropriate electrical impulse to a patient's heart to perform defibrillation. 2. "Owner or operator" means the owner, manager, operator, or other person or persons having control of a public place. 3. "Public place" means the publicly accessible areas of the following places to which…

3000-F - Automated External Defibrillator; Camps and Youth Sports Programs.

917 - On-site cardiac automated external defibrillator.

(ii) equipment and supplies commonly used in lifesaving procedures such as: airway control and ventilation devices in adult and pediatric sizes, portable (transport) mechanical ventilators, endotracheal tubes, bag/valve/mask, oxygen, tourniquets, immobilization devices, nasogastric tubes, splints, IV therapy supplies, suction machine, defibrillator, cardiac monitor, chest tubes, and indwelling urinary catheters.

Consent to an order not to resuscitate shall not constitute consent to withhold or withdraw treatment other than cardiopulmonary resuscitation.

(b) A nonhospital order not to resuscitate shall not constitute an order to withhold or withdraw treatment other than cardiopulmonary resuscitation.

Universal Citation: NY Pub Health L § 2965 (2012) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation. § 2965. Surrogate decision-making. 1. (a) The consent of a surrogate or health care agent acting on behalf of an adult patient who lacks capacity or on behalf of an adult patient for whom consent by a surrogate or health care agent is authorized by subdivision three of section twenty-nine hundred sixty-four of this article must be obtained prior to issuing an order not to resuscitate the patient, except as provided in paragraph (b) of this subdivision or section twenty-nine hundred sixty-six of this article. (b) The consent of a surrogate or health care agent shall not be required where the adult had, prior to losing capacity, consented to an order not to resuscitate pursuant to subdivision…

2. The department shall conduct an ongoing public awareness and education program under section two hundred seven of this chapter on choking risks, precautions and life-saving procedures, including, but not limited to, listing on its internet website information that assists members of the public in locating infant and child cardiopulmonary resuscitation classes.

Go to Previous Versions of this Article 2025 New York Laws EDN - Education Title 1 - General Provisions Article 17 - Instruction in Certain Subjects Previous Next 801 - Courses of Instruction in Patriotism and Citizenship and in Certain Historic Documents. 801-A - Instruction in Civility, Citizenship and Character Education. 802 - Instruction Relating to the Flag; Holidays. 802-A - Instruction Relating to General Elections. 803 - Instruction in Physical Education and Kindred Subjects. 803-A - Courses of Study in Prevention of Child Abduction. 803-B - Courses of Study in Prevention of Child Sexual Exploitation and Child Sex Abuse. 804 - Health Education Regarding Mental Health, Alcohol, Drugs, Tobacco Abuse and the Prevention and Detection of Certain Cancers. 804-A - Comprehensive School Health Education Demonstration Program. 804-B - Education Regarding Child Development. 804-C - Cardiopulmonary Resuscitation Instruction. 804-D - Automated External Defibrillator Instruction. 805 - Asian American, Native Hawaiians…

Removes the cardiopulmonary resuscitation report requirement for the division of state police.

917 - On-site cardiac automated external defibrillator.

§ 917. On-site cardiac automated external defibrillator. * 1. School districts, boards of cooperative educational services, county vocational education and extension boards and charter schools shall provide and maintain on-site in each instructional school facility automated external defibrillator (AED) equipment, as defined in paragraph (a) of subdivision one of section three thousand-b of the public health law, in quantities and types deemed by the commissioner in consultation with the commissioner of health to be adequate to ensure ready and appropriate access for use during emergencies. * 1. School districts, boards of cooperative educational services, county vocational education and extension boards and charter schools shall provide and maintain on-site in each instructional school facility automated external defibrillator (AED) equipment, as defined in paragraph (a) of subdivision one of section three thousand-b of the public health law, in quantities and types deemed by the commissioner in consultation with the commissioner of health…

Consent to the issuance of an order not to resuscitate shall not constitute consent to withhold or withdraw medical treatment other than cardiopulmonary resuscitation.

(1) Each State agency's phased-in implementation plan shall commence by prioritizing AED placement in those public buildings that house the largest number of State employees, other intended occupants or estimated regular visitors, or which the State agency reasonably deems to merit priority treatment due to the high risk nature of the population served or the activities conducted at the public building. (2) When prioritizing AED placement as described in paragraph (1) of this subdivision, those public buildings where there is a greater level of physical activity or in which a higher occupant density is likely shall be given priority for AED placement over public building(s) that have a lower level of physical activity or lower likely levels of occupant density. (3) Public buildings housing a staff, other intended occupants or regular visitors of 100 people or more shall be considered priority structures for the implementation of an AED program. (b)…

After the initial installation, a replacement schedule which considers the useful life of the AED units shall be developed by the State agency. The replacement schedule should be updated periodically.

5-b. Places of public assembly on-site cardiac automated external defibrillator. (a) Notwithstanding the provisions of paragraph (r) of subdivision five of this section, the sanitary code shall provide that each place of public assembly shall provide and maintain on-site automated external defibrillators (AED), as defined in paragraph (a) of subdivision one of section three thousand-b of this chapter, in quantities and types deemed by the commissioner to be adequate to ensure ready and appropriate access for use during emergencies. (b) Whenever places of public assembly are used for public or private sponsored events or activities the owners, operators and administrators responsible for such place of public assembly shall ensure the presence of at least one staff person or volunteer who is trained, pursuant to paragraph (a) of subdivision three of section three thousand-b of this chapter, in the operation and use of an AED. (e) Pursuant to sections three thousand-a…

6. "Cardiopulmonary resuscitation" or "CPR" as used in this article means measures, as specified in regulations promulgated by the commissioner of health, to restore function or support ventilation in the event of a cardiac or respiratory arrest. Cardiopulmonary resuscitation shall not include measures to improve ventilation and cardiac functions in the absence of an arrest. 7. "Automated external defibrillator" or "AED" as used in this article means a medical device approved by the federal food and drug administration that (a) is capable of recognizing the presence or absence in a patient of ventricular fibrillation and rapid ventricular tachycardia. (b) is capable of determining, without intervention by an operator, whether defibrillation should be performed on the patient. (c) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to the patient's heart; and (d) upon action by an operator, delivers an appropriate electrical impulse to…

(a) "Automated external defibrillator" means a medical device, approved by the United States food and drug administration, that: (i) is capable of recognizing the presence or absence, in a patient, of ventricular fibrillation and rapid ventricular tachycardia. (ii) is capable of determining, without intervention by an operator, whether defibrillation should be performed on the patient. (iii) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to the patient's heart; and (iv) then, upon action by an operator, delivers an appropriate electrical impulse to the patient's heart to perform defibrillation. (c) "Public access defibrillation provider" means a person, firm, organization or other entity possessing or operating an automated external defibrillator pursuant to a collaborative agreement under this section. (d) "Nationally-recognized organization" means a national organization approved by the department for the purpose of training people in use of an automated external defibrillator. 2. Collaborative…

§ 3000-f. Automated external defibrillator; camps and youth sports programs. 1. Definitions. As used in this section, unless the context clearly requires otherwise, the following terms have the following meanings: (a) "Automated external defibrillator" means a medical device, approved by the United States food and drug administration, that: (i) is capable of recognizing the presence or absence in a patient of ventricular fibrillation and rapid ventricular tachycardia. (ii) is capable of determining, without intervention by an operator, whether defibrillation should be performed on a patient. (iii) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to a patient's heart; and (iv) then, upon action by an operator, delivers an appropriate electrical impulse to a patient's heart to perform defibrillation. (c) "Nationally-recognized organization" means a national organization approved by the department for the purpose of training people in use of an automated external defibrillator.…

2. Subject to regulations promulgated pursuant to this subdivision, it shall be an additional duty of each such superintendent or chief executive officer of each of the public institutions and buildings of the state to equip each such building with an automated external defibrillator. The commissioner of general services shall promulgate regulations providing for a phase-in schedule of the duty created by this section. Such regulations shall address the appropriate number of automated external defibrillators for such buildings, based on the size or occupancy of the buildings; the training of personnel and use of such automated external defibrillator; and any other matter deemed necessary by such commissioner to effectuate the duty prescribed by this section.

2. (i) Any person or entity that purchases, operates, facilitates implementation or makes available resuscitation equipment that facilitates first aid, an automated external defibrillator or an epinephrine device as required by or pursuant to law or local law, or that conducts training under section three thousand-c of this article, or (ii) an emergency health care provider under a collaborative agreement pursuant to section three thousand-b of this article with respect to an automated external defibrillator, or (iii) a health care practitioner that prescribes, dispenses or provides an epinephrine device under section three thousand-c of this article, shall not be liable for damages arising either from the use of that equipment by a person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or medical emergency, or from the use of defectively manufactured equipment; provided that this subdivision shall not…

(ii) a current certificate in an acceptable cardiopulmonary resuscitation (CPR) training program as defined in section 7-2.2(n) of this Subpart.

§ 2964. Decision-making by an adult with capacity. 1. (a) The consent of an adult with capacity must be obtained prior to issuing an order not to resuscitate, except as provided in subdivision three of this section. (b) If the adult has capacity at the time the order is to be issued, the consent must be obtained at or about such time, notwithstanding any prior oral or written consent. 2. (a) During hospitalization, an adult with capacity may express a decision consenting to an order not to resuscitate orally in the presence of at least two witnesses eighteen years of age or older, one of whom is a physician affiliated with the hospital in which the patient is being treated. Any such decision shall be recorded in the patient's medical chart. (b) Prior to or during hospitalization, an adult with capacity may express a decision consenting to an order not…

(4) At least one aquatic supervisory staff person having at least the required supervision level shall be provided for each 50 yards of beach front or fraction thereof at bathing beaches required to use Supervision Levels I and II. Sufficient aquatic supervisory staff must be provided for visual surveillance of the entire bathing area(s) open for swimming. (i) At ocean surf beaches, at least one supervision level I aquatic supervisory staff possessing a current certificate of training in the operation and use of an automated external defibrillator approved by a nationally-recognized organization or the State emergency medical services council shall be present at all hours of beach operation. Records of the training shall be maintained available for review during inspections. (ii) at Supervision Level I and IIb bathing beaches: one rescue tube or a torpedo buoy with an attached line for each lifeguard required by this section; a rescue board…

Except as provided in section 36-2264, a person or entity that acquires an automated external defibrillator shall: 2. Require each trained user who uses an automated external defibrillator on a person in cardiac arrest to 4. Ensure that the automated external defibrillator is maintained in good working order and tested according to the manufacturer's guidelines.

ARTICLE 19 MEDICAL AND HEALTH SERVICE Section 901. School health services to be provided. 902. Employment of health professionals. 903. Students to furnish health certificates. 904. Examinations by health appraisal. 905. Record of screening examinations for vision, hearing and scoliosis. 906. Existence of communicable diseases; return after illness. 909. School hygiene districts. 910. Choice of method of treatment. 911. Enforcement. 912. Health and welfare services to all children. 912-a. Urine analysis; drug detection. 912-b. Speech and language improvement services. 913. Medical examinations of teachers and other employees. 914. Immunization of children. 915. Prohibiting the sale of certain sweetened foods. 916. Pupils afflicted with asthma. 917. On-site cardiac automated external defibrillator. 918. School district nutrition advisory committees.

§ 214-e. Cardiopulmonary resuscitation training and retraining. 1. For the purposes of this section, "cardiopulmonary resuscitation" shall have the same meaning as provided in subdivision six of section six hundred twenty-one of the general business law. (a) trained in cardiopulmonary resuscitation during the training process to become a trooper. (b) retrained in cardiopulmonary resuscitation every two years; and (c) required to demonstrate the satisfactory completion of training in cardiopulmonary resuscitation.

13. Credit for purchase of an automated external defibrillator. A taxpayer shall be allowed a credit, to be computed as hereinafter provided, against the tax imposed by this article, for the purchase, other than for resale, of an automated external defibrillator, as such term is defined in section three thousand-b of the public health law. The amount of credit shall be the cost to the taxpayer of automated external defibrillators purchased during the taxable year, such credit not to exceed five hundred dollars with respect to each unit purchased. The credit allowed under this subdivision for any taxable year shall not reduce the tax due for such year to less than the fixed dollar minimum amount prescribed in paragraph (d) of subdivision one of section two hundred ten of this chapter.

(viii) External defibrillator.

§ 804-c. Cardiopulmonary resuscitation instruction. 1. Instructions regarding cardiopulmonary resuscitation may be offered for voluntary admission as a part of the health education curriculum in all senior high schools. In addition to the requirement that all teachers of health education shall be certified to teach health, persons instructing pupils in cardiopulmonary resuscitation shall possess valid certification by an agency offering such certification in the performance of cardiopulmonary resuscitation and in its instruction. 2. The commissioner may prescribe regulations governing such health education courses which shall include instruction in cardiopulmonary resuscitation. Such regulations shall in no event prescribe a course of study in cardiopulmonary resuscitation which sets forth standards for instruction of a lesser quality than the requirements of the programs adopted by the American Heart Association or the American Red Cross.

§ 208-h. Cardiopulmonary resuscitation training and retraining for police departments in cities having a population of one million or more 1. For the purposes of this section, "cardiopulmonary resuscitation" shall have the same meaning as provided in subdivision six of section six hundred twenty-one of the general business law. 2. Every police department in a city having a population of one million or more shall provide all uniformed personnel of such department training in cardiopulmonary resuscitation and direct that such training be completed at least every two years to the extent practicable, but no later than every four years.

2963 - Determination of Capacity to Make a Decision Regarding Cardiopulmonary Resuscitation.

§ 2962. Presumption in favor of resuscitation; lawfulness of order; effectiveness of order; duty to provide information; no duty to expand equipment. 1. Every person admitted to a hospital shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless there is consent to the issuance of an order not to resuscitate as provided in this article. 2. It shall be lawful for the attending practitioner to issue an order not to resuscitate a patient, provided that the order has been issued pursuant to the requirements of this article. The order shall be included in writing in the patient's chart. An order not to resuscitate shall be effective upon issuance. 3. Before obtaining, pursuant to this article, the consent of the patient, or of the surrogate of the patient, or parent or legal guardian of the minor patient, to an order…

9-a. "Life-sustaining treatment" means any medical treatment or procedure without which the patient will die within a relatively short time, as determined by an attending practitioner to a reasonable degree of medical certainty. For purposes of this article, cardiopulmonary resuscitation is presumed to be a life sustaining treatment without the necessity of a determination by an attending practitioner.

(b) Where the attending practitioner has reason to believe that there is another parent or a non-custodial parent who has not been informed of a decision to issue an order not to resuscitate the minor, the attending practitioner, or someone acting on behalf of the practitioner, shall make reasonable efforts to determine if the uninformed parent or non-custodial parent has maintained substantial and continuous contact with the minor and, if so, shall make diligent efforts to notify that parent or non-custodial parent of the decision prior to issuing the order. 3. A parent or legal guardian may consent to an order not to resuscitate on behalf of a minor only if there has been a written determination by the attending practitioner, with the written concurrence of another physician, nurse practitioner or physician assistant selected by a person authorized by the hospital to make such selections given after personal examination of…

The legislature finds that, although cardiopulmonary resuscitation has proved invaluable in the prevention of sudden, unexpected death, it is appropriate for an attending practitioner, in certain circumstances, to issue an order not to attempt cardiopulmonary resuscitation of a patient where appropriate consent has been obtained. The legislature further finds that there is a need to clarify and establish the rights and obligations of patients, their families, and health care providers regarding cardiopulmonary resuscitation and the issuance of orders not to resuscitate.

§ 2966. Decision-making on behalf of an adult patient without capacity for whom no surrogate is available. 1. If no surrogate is reasonably available, willing to make a decision regarding issuance of an order not to resuscitate, and competent to make a decision regarding issuance of an order not to resuscitate on behalf of an adult patient who lacks capacity and who had not previously expressed a decision regarding cardiopulmonary resuscitation, an attending practitioner (a) may issue an order not to resuscitate the patient, provided that the attending practitioner determines, in writing, that, to a reasonable degree of medical certainty, resuscitation would be medically futile, and another physician, nurse practitioner or physician assistant selected by a person authorized by the hospital to make such selection, after personal examination of the patient, reviews and concurs in writing with such determination, or, (b) shall issue an order not to resuscitate the patient,…

3. The owner or operator of a public place shall provide notice to patrons, by means of signs, printed material or other means of written communication, indicating the availability of resuscitation equipment for emergency use and providing information on how to obtain cardiopulmonary resuscitation training. The type, size, style, location and language of such notice shall be determined in accordance with rules, promulgated by the commissioner. In promulgating such rules, the commissioner shall take into consideration the concerns of the public places within the scope of this section. If the department shall make signs available pursuant to this subdivision, it may charge a fee to cover printing, postage and handling expenses.

Requires dental facilities to possess automatic external defibrillators.

§ 2974. Immunity. 1. No physician, health care professional, nurse's aide, hospital or person employed by or under contract with the hospital shall be subject to criminal prosecution, civil liability, or be deemed to have engaged in unprofessional conduct for carrying out in good faith pursuant to this article a decision regarding cardiopulmonary resuscitation by or on behalf of a patient or for those actions taken in compliance with the standards and procedures set forth in this article. 2. No physician, health care professional, nurse's aide, hospital, or person employed by or under contract with the hospital shall be subjected to criminal prosecution, civil liability, or be deemed to have engaged in unprofessional conduct for providing cardiopulmonary resuscitation to a patient for whom an order not to resuscitate has been issued, provided such physician or person.

§ 2978. Regulations. 1. Except as provided in subdivision two of this section, the commissioner of health (a) subject to the approval of the state hospital review and planning council by a majority vote of its members, shall establish such regulations as may be necessary for the implementation of this article and (b) may provide suggested forms that may be used for the purpose of expressing a decision regarding cardiopulmonary resuscitation or for the purpose of designating a surrogate, pursuant to this article. 2. The commissioners of mental health and mental retardation and developmental disabilities, in consultation with the commissioner of health, shall establish such regulations as may be necessary for implementation of this article with respect to those persons in mental hygiene facilities.

§ 2960. Legislative findings and purpose. The legislature finds that, although cardiopulmonary resuscitation has proved invaluable in the prevention of sudden, unexpected death, it is appropriate for an attending physician, in certain circumstances, to issue an order not to attempt cardiopulmonary resuscitation of a patient where appropriate consent has been obtained. The legislature further finds that there is a need to clarify and establish the rights and obligations of patients, their families, and health care providers regarding cardiopulmonary resuscitation and the issuance of orders not to resuscitate.

2963 - Determination of capacity to make a decision regarding cardiopulmonary resuscitation.

(4) The surgical service policies shall clearly outline requirements for orientation and continuing education programs for all staff and compliance with such requirements shall be considered at the time of performance evaluation. Such training or continuing education programs will be established that are relevant to care provided, but will, at a minimum include instruction in safety precautions, equipment usage and inspections, infection control requirements, cardiopulmonary resuscitation and patients' rights requirements pertaining to surgical/anesthesia consents.

4. If a dispute between a patient who expressed a decision rejecting cardiopulmonary resuscitation and an attending physician or the hospital that is caring for the patient is submitted to the dispute mediation system, and either:

(c) demonstrate the satisfactory completion of training in recognition of adverse reactions and cardiopulmonary resuscitation.

10. Each dentist and registered dental hygienist working for a hospital as defined in article twenty-eight of the public health law who practices in collaboration with a licensed dentist shall become certified in cardiopulmonary resuscitation (CPR) from an approved provider and thereafter maintain current certification, which shall be included in the mandatory hours of continuing education acceptable for dentists to the extent provided in the commissioner's regulations. In the event the dentist or registered dental hygienist cannot physically perform CPR, the commissioner's regulations shall allow the dentist or registered dental hygienist to make arrangements for another individual in the office to administer CPR. All dental facilities shall have an automatic external defibrillator or other defibrillator at the facility.

(b) In a residential health care facility, a surrogate shall have the authority to refuse life-sustaining treatment under subparagraph (ii) of paragraph (a) of this subdivision only if the ethics review committee, including at least one physician, nurse practitioner or physician assistant who is not directly responsible for the patient's care, or a court of competent jurisdiction, reviews the decision and determines that it meets the standards set forth in this article. This requirement shall not apply to a decision to withhold cardiopulmonary resuscitation.

Requires camps and youth sports programs have at least one automated external defibrillator; requires camps and youth sports programs to use best efforts to have at least one person trained to use such defibrillators at camps, games and practices.

Requires camps and youth sports programs to establish an automated external defibrillator implementation plan; requires camps and youth sports programs to have at least one person trained to use such defibrillators at camps, games and practices.

This bill would remove barriers to AED use by allowing persons to operate an AED other than as part of their employment, who act in good faith and with reasonable care, and without expectation of monetary compensation, even if they were not trained i...

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 ...

Relates to requiring certain public school facilities to retain on premises at least one functional cardiac automated external defibrillator, in relation to naming such act the "Louis Acompora AED's in schools act".

Requires health clubs with a membership of 50 or more to have at least 1 automated external defibrillator on the premises which is accessible to the staff, members and guests.

Requires health clubs to provide automated external defibrillators during business hours when they are staffed.

Memorializing Governor Andrew M. Cuomo to proclaim June 1-7, 2020, as CPR-AED Awareness Week in the State of New York

Memorializing Governor Andrew M. Cuomo to proclaim June 1-7, 2021, as CPR-AED Awareness Week in the State of New York

Memorializing Governor Kathy Hochul to proclaim June 1-7, 2022, as CPR-AED Awareness Week in the State of New York

Memorializing Governor Kathy Hochul to proclaim June 1-7, 2023, as CPR-AED Awareness Week in the State of New York

Enacts "Briana's law" to require that members of the division of state police and of the police department of the city of New York complete training in cardiopulmonary resuscitation during the police academy and every 2 years thereafter.

Relates to requiring at least one employee at a child day care facility or family day care home to be trained and certified in cardiopulmonary resuscitation and first aid.

Requires the commissioner of education to make recommendations to the board of regents relating to the adoption of instruction in cardiopulmonary resuscitation and the use of AEDs in senior high schools.

§ 627-a. Automated external defibrillator requirements. 1. Every health club as defined under paragraph b of subdivision one of section three thousand-d of the public health law whose membership is fifty persons or more shall have available on the premises in a manner that provides obvious and ready accessibility to staff, members and guests at least one automated external defibrillator and shall have in attendance, at all times during staffed business hours, at least one individual performing employment or individual acting as an authorized volunteer who holds a valid certification of completion of a course in the study of the operation of AEDs and a valid certification of the completion of a course in the training of cardiopulmonary resuscitation provided by a nationally recognized organization or association. 3. Pursuant to sections three thousand-a and three thousand-b of the public health law, any public access defibrillation provider, or any employee or…

* § 917-a. On-site cardiac automated external defibrillator in nonpublic schools. 1. Nonpublic schools shall provide and maintain on-site in each instructional school facility automated external defibrillator (AED) equipment, as defined in paragraph (a) of subdivision one of section three thousand-b of the public health law, in quantities and types deemed by the commissioner in consultation with the commissioner of health to be adequate to ensure ready and appropriate access for use during emergencies. Nonpublic schools shall cause such AED to be maintained and tested according to such applicable standards of the manufacturer and any appropriate government agency. 2. Whenever nonpublic school facilities pursuant to subdivision one of this section are used for school-sponsored or school-approved curricular or extracurricular events or activities and whenever a school-sponsored athletic contest is held at any location, the nonpublic school officials and administrators responsible for such school facility or athletic contest shall ensure the…

§ 2963. Determination of capacity to make a decision regarding cardiopulmonary resuscitation. 1. Every adult shall be presumed to have the capacity to make a decision regarding cardiopulmonary resuscitation unless determined otherwise pursuant to this section or pursuant to a court order or unless a guardian is authorized to decide about health care for the adult pursuant to article eighty-one of the mental hygiene law or article seventeen-A of the surrogate's court procedure act. The attending practitioner shall not rely on the presumption stated in this subdivision if clinical indicia of incapacity are present. 2. A determination that an adult patient lacks capacity shall be made by the attending practitioner to a reasonable degree of medical certainty. The determination shall be made in writing and shall contain such attending practitioner's opinion regarding the cause and nature of the patient's incapacity as well as its extent and probable duration. The determination…

* h. policies and procedures for annual school safety training for staff and students; provided that the district must certify to the commissioner that all staff have undergone annual training on the emergency response plan, and that the school safety training include components on violence prevention, mental health and sudden cardiac arrest, such training may be implemented and conducted in conjunction with existing professional development and training; provided however that new employees hired after the start of the school year shall receive training within thirty days of such hire or as part of a district's existing new hire training program, whichever is sooner; * n. policies and procedures relating to sudden cardiac arrest. The district-wide school safety team shall develop and implement a cardiac emergency response plan that addresses the use of appropriate personnel to respond to incidents involving any individual experiencing sudden cardiac arrest or similar life-threatening emergency on…

(d) not use an automated external defibrillator unless: (3) when authorized by and serving with an agency providing emergency medical services which has been approved by the regional emergency medical advisory committee to provide AED level care within the EMS system; and (4) after completing AED training which meets or exceeds the state minimum AED curriculum.

Automated external defibrillator instruction. Instructions regarding the correct use of an automated external defibrillator shall be included as a part of the health education curriculum in all senior high schools when cardiopulmonary resuscitation instruction is being provided as authorized by section eight hundred four-c of this article. In addition to the requirement that all teachers of health education shall be certified to teach health, persons instructing pupils in the correct use of automated external defibrillators shall possess valid certification by a nationally recognized organization or the state emergency medical services council offering certification in the operation of an automated external defibrillator and in its instruction.

A. Except as provided in section 36-2264, a person or entity that acquires an automated external defibrillator shall: 1. Enter into an agreement with a physician who shall oversee all aspects of public access to defibrillation, including training, emergency medical services coordination, protocol approval, standing orders, communications, protocols and automated external defibrillator deployment strategies. 2. Limit the use of an automated external defibrillator to trained responders. 3. Require each trained responder who uses an automated external defibrillator on a person in cardiac arrest to: 1. Establish quality assurance guidelines that include a review of each use of the automated external defibrillator to evaluate performance. 2. Be proficient in emergency medical services protocols, cardiopulmonary resuscitation and the use of automated external defibrillators. 3. Ensure that each trained responder receives training in cardiopulmonary resuscitation and in the use of an automated external defibrillator by completing the heart saver automated external defibrillator course…

4. "Cardiopulmonary resuscitation" means measures, as specified in regulations promulgated by the commissioner, to restore cardiac function or to support ventilation in the event of a cardiac or respiratory arrest. Such term shall not include measures to improve ventilation and cardiac function in the absence of an arrest. 13. "Nonhospital order not to resuscitate" means an order that directs emergency medical services personnel, hospice personnel, home care services agency personnel and hospital emergency services personnel not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest.

3. "Cardiopulmonary resuscitation" means measures, as specified in regulations promulgated by the commissioner, to restore cardiac function or to support ventilation in the event of a cardiac or respiratory arrest. Cardiopulmonary resuscitation shall not include measures to improve ventilation and cardiac function in the absence of an arrest. 19. "Life-sustaining treatment" means any medical treatment or procedure without which the patient will die within a relatively short time, as determined by an attending physician to a reasonable degree of medical certainty. For the purpose of this article, cardiopulmonary resuscitation is presumed to be life-sustaining treatment without the necessity of a determination by an attending physician. 23. "Order not to resuscitate" means an order not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest.

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§ 2966. Decision-making on behalf of an adult patient without capacity for whom no surrogate is available. 1. If no surrogate is reasonably available, willing to make a decision regarding issuance of an order not to resuscitate, and competent to make a decision regarding issuance of an order not to resuscitate on behalf of an adult patient who lacks capacity and who had not previously expressed a decision regarding cardiopulmonary resuscitation, an attending physician (a) may issue an order not to resuscitate the patient, provided that the attending physician determines, in writing, that, to a reasonable degree of medical certainty, resuscitation would be medically futile, and another physician selected by a person authorized by the hospital to make such selection, after personal examination of the patient, reviews and concurs in writing with such determination, or, (b) shall issue an order not to resuscitate the patient, provided that, pursuant to subdivision…

36-420. Health care institutions; cardiopulmonary resuscitation; first aid; immunity; falls; definition 1. Shall initiate cardiopulmonary resuscitation in accordance with its certification training for cardiopulmonary resuscitation before the arrival of emergency medical services, to a resident who is nonresponsive or has a cessation of normal respiration. The cardiopulmonary resuscitation shall be in accordance with that resident's advance directives, if known. Staff who are certified in cardiopulmonary resuscitation shall be available at all times. 3. May not have, establish or implement policies that prevent employees from providing appropriate cardiopulmonary resuscitation and first aid. C. A health care institution that renders cardiopulmonary resuscitation or first aid as described in subsection B of this section is not liable for any civil damages as the result of any act or omission by the person rendering such care. This liability exclusion applies only if the cardiopulmonary resuscitation or first aid is rendered in good faith and…