NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A98
SPONSOR: Sayegh
 
TITLE OF BILL:
An act to amend the education law, in relation to requiring monthly
inspections of all AED equipment
 
PURPOSE OR GENERAL IDEA OF BILL:
Requires monthly inspections of all AED equipment in all school build-
ings.
 
SUMMARY OF PROVISIONS:
Section 1 amends Section 917 of the education law by adding a new subdi-
vision 5 which states that all AED equipment shall be inspected and
tested at intervals not exceeding one month by any staff who holds a
valid certification of completion of a course in the study of the oper-
ations of AEDs. Additionally, any AED device that does not meet such
applicable standards shall be exchanged for a new AED device with the
coordinating emergency health care provider pursuant to section 3000b of
the public health law and a written record of all maintenance and test-
ing performed on AEDs shall be maintained and submitted annually to the
health commissioner.
Section 2 sets the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
 
JUSTIFICATION:
Under Section 917 of the Education law, school districts, boards of
cooperative education services, county vocation education and extension
boards and charter schools are currently required to have automated
external defibrillator (AED) equipment on-site at their facilities.
However, in recent years, independent investigations have found that
these critical lifesaving devices are often not being properly main-
tained in accordance with the manufacturer's operational guidelines. To
ensure that these devices are functioning as designed, this legislation
would require that AED equipment is inspected once monthly by a staff
person who is adequately trained. This legislation would also require a
written record of all maintenance and testing performed on these AEDs
shall be maintained and submitted annually to the health commissioner.
 
PRIOR LEGISLATIVE HISTORY:
2019-20: A9580-Referred to Education
2021-22: A2555-Referred to Education
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
98
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. SAYEGH, MILLER -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to requiring monthly
inspections of all AED equipment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 917 of the education law is amended by adding a new
2 subdivision 5 to read as follows:
3 5. All AED equipment shall be inspected and tested at intervals not
4 exceeding one month by any staff who holds a valid certification of
5 completion of a course in the study of the operation of AEDs.
6 Inspections and tests shall be performed in accordance with the applica-
7 ble standards of the manufacturer and any appropriate government agency.
8 Any AED device that does not meet such applicable standards shall be
9 exchanged for a new AED device with the coordinating emergency health
10 care provider pursuant to section three thousand-b of the public health
11 law. A written record of all maintenance and testing performed on AEDs
12 shall be maintained and submitted annually to the commissioner of
13 health.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01650-01-3