When you compare AED laws by state, you’ll notice that New York has some of the strictest requirements in the nation. If you run a business or oversee a public facility in the Empire State, there’s a good chance that you’re required to maintain an automated external defibrillator.
New York AED Requirements by Location
The following facilities are required to have AEDs on site:
- Public schools. New York requires AEDs in schools. In addition, high school health classes must offer instruction in the proper use of AEDs.
- Public institutions and buildings. All public buildings must have “sufficient AEDs” according to the building’s size and occupancy.
- Places of public assembly. Places of public assembly—defined as[mfn]nyc.gov[/mfn] any place where 75 or more members of the public gather indoors or 200 or more gather outdoors—must have an AED and at least one employee trained in its use.
- Health clubs. New York also requires AEDs in gyms. Every gym and fitness center must have at least one CPR/AED-certified employee on site at all times.
- Swimming facilities. All public pools must have at least one AED at the ready.
- Dental offices. Not only are dental offices required to have AEDs available, but all dentists must maintain a current CPR certification.
AED Placement and Location Laws in New York
It’s not enough to simply have an external defibrillator. New York has specific rules pertaining to AED placement.
First, the location of the AED must be clearly noted at the entrance of the facility. The signage must identify where the device can be found within the premises.
The AED itself must be kept in a centralized location. The general rule is that a trained operator should be able to access an AED within 3 minutes from wherever they are in the building. When deciding on AED placement as well as the number of “sufficient AEDs” under the law[mfn]govt.westlaw.com[/mfn], you’ll need to consider:
- The locations of stairways and elevators
- The number of floors in the building
- Any security features that may restrict access or movement within the building
- The conspicuousness and visibility of the location
- The potential for accidental theft or damage
AED Compliance Laws in New York
Once you have your AED in place, you’ll need to maintain it according to specific compliance requirements.
- You need to maintain physician oversight of your AED program
- Any defibrillation events must be reported to the healthcare provider overseeing your AED program as well as the local emergency medical services system.
- You need to register your AED with your local Regional Council.
- You must maintain your AED and ensure that it is emergency-ready at all times.
- The people in charge of maintaining—and possibly using—the AED must complete a defibrillator training course provided by the State Emergency Medical Services council or another nationally recognized organization. Training must be updated annually via an approved New York State Department of Health program.
AED Leader makes it easy to remain in compliance. With our AED program management, we oversee everything from the initial prescription to the ongoing product maintenance. With our management plan, you get:
- Complete medical oversight
- Registration and tracking
- Battery and pad expiration reminders
- Automatic delivery of replacement parts
- Ongoing support
The laws can seem complicated, but program management eliminates the guesswork and ensures that you’re always in compliance.
Tax Credits for AEDs in New York
Businesses and individuals who maintain an AED are eligible for a tax credit in the state of New York. The credit is good for $500 or the total cost of the defibrillator, whichever is less. You can use the credit for as many AEDs as you purchase during the year—for a maximum of $500 per unit.
Note that the tax credit cannot be used for AEDs purchased for resale. The AED must be purchased for use within your home, facility, or organization.
New York Good Samaritan Laws for AEDs
New York law is clear that AED operators should be trained and certified. However, in the event that defibrillation is administered by an untrained bystander (as is quite often the case with out-of-hospital cardiac arrests), the person administering the treatment is usually protected from liability.
According to New York State Public Health Law Section 3000-a:
Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency outside a hospital, doctor’s office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person.
In other words, as long as your intention was to save the victim’s life, you shouldn’t be held responsible if your attempt is unsuccessful. However, this protection pertains only to untrained users and users who recently completed basic AED and CPR training. It does not protect trained professionals who are responding in a professional capacity as a part of their job or profession.
If you have any additional questions about AED requirements in New York, please feel free to reach out to us. AED Leader is here to help you remain compliant and confident as you safeguard the people in your facility.
Information Sources