Bill Text: NY S02971 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires training in cardiopulmonary resuscitation and in the use of automated external defibrillators for new certification and re-certification as a school teacher.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO EDUCATION [S02971 Detail]

Download: New_York-2011-S02971-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2971
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 4, 2011
                                      ___________
       Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
         printed to be committed to the Committee on Education
       AN  ACT to amend the education law, in relation to requiring training in
         cardiopulmonary resuscitation and in the  use  of  automated  external
         defibrillators for new certification and re-certification as a school-
         teacher
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 3004 of the education law is amended  by  adding  a
    2  new subdivision 7 to read as follows:
    3    7.  A.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, THE COMMISSIONER
    4  SHALL PRESCRIBE REGULATIONS REQUIRING THAT ALL PERSONS APPLYING,  ON  OR
    5  AFTER  JULY  FIRST, TWO THOUSAND ELEVEN, FOR A CERTIFICATE OR LICENSE TO
    6  BE A TEACHER SHALL, IN ADDITION TO ALL THE OTHER CERTIFICATION OR LICEN-
    7  SURE REQUIREMENTS, HAVE COMPLETED ADEQUATE TRAINING  IN  CARDIOPULMONARY
    8  RESUSCITATION  (CPR) AND IN THE USE OF AUTOMATED EXTERNAL DEFIBRILLATORS
    9  (AED). THE TRAINING SHALL BE OBTAINED FROM AN  INSTITUTION  OR  PROVIDER
   10  WHICH HAS BEEN APPROVED BY THE DEPARTMENT TO PROVIDE SUCH TRAINING. EACH
   11  APPLICANT  SHALL  PROVIDE THE DEPARTMENT WITH DOCUMENTATION SHOWING THAT
   12  HE OR SHE HAS COMPLETED SUCH REQUIRED TRAINING.
   13    B. THE COMMISSIONER SHALL PRESCRIBE REGULATIONS REQUIRING ALL  SCHOOLS
   14  TO  ENSURE  THAT  ANY  PERSON  EMPLOYED AS A TEACHER AT SUCH SCHOOL, WHO
   15  RECEIVED CERTIFICATION OR A LICENSE TO TEACH PRIOR TO  JULY  FIRST,  TWO
   16  THOUSAND  ELEVEN, SHALL HAVE COMPLETED ADEQUATE TRAINING IN CARDIOPULMO-
   17  NARY RESUSCITATION AND IN THE USE OF AUTOMATED  EXTERNAL  DEFIBRILLATORS
   18  WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
   19    C.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
   20  OR LOCAL LAW, ANY LICENSED OR  CERTIFIED  TEACHER  WHO  VOLUNTARILY  AND
   21  WITHOUT THE EXPECTATION OF MONETARY COMPENSATION RENDERS CARDIOPULMONARY
   22  RESUSCITATION  OR  USES  AN  AUTOMATED  EXTERNAL DEFIBRILLATOR ON SCHOOL
   23  PROPERTY, ON A PERSON WHO IS CHOKING OR IN DISTRESS, UNCONSCIOUS, ILL OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07613-01-1
       S. 2971                             2
    1  INJURED, SHALL NOT BE LIABLE FOR DAMAGES FOR INJURIES  ALLEGED  TO  HAVE
    2  BEEN  SUSTAINED  BY  SUCH  PERSON  OR  FOR DAMAGES FOR THE DEATH OF SUCH
    3  PERSON ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR OMISSION  IN  THE
    4  RENDERING  OF  SUCH CARDIOPULMONARY RESUSCITATION OR THE USE OF AN AUTO-
    5  MATED EXTERNAL DEFIBRILLATOR, UNLESS IT IS ESTABLISHED THAT  SUCH  INJU-
    6  RIES  WERE  OR  SUCH  DEATH WAS CAUSED BY NEGLIGENCE ON THE PART OF SUCH
    7  TEACHER.
    8    S 2. This act shall take effect immediately.