CPR in NY Schools Passes

                                                                                                           September 2015

 

 

To:                   BOCES District Superintendents

Superintendents of Public Schools

Principals of Public and Non-Public Schools

Charter School Leaders

 

From:              Mary Cahill

 

Subject:          Commissioner’s Regulations to Require Instruction in Cardiopulmonary Resuscitation and the use of Automated External Defibrillators

 

 At the June meeting, the Board of Regents approved an amendment of the Commissioner’s regulations to require hands-only instruction in cardiopulmonary resuscitation (CPR) and instruction in the use of automated external defibrillators (AEDs) in senior high schools. During the June meeting it was anticipated that the proposed amendment would be presented for adoption at the September 16-17, 2015 Regents meeting, after publication of a Notice of Proposed Rule Making in the State Register and expiration of the 45-day public comment period prescribed for State agency rule makings. At the September meeting, the amendment was approved and will take effect on October 7, 2015.

 

The regulation states that students in senior high school must be provided instruction in hands-only cardiopulmonary resuscitation and the use of an automated external defibrillator.  The standards for this instruction should be based on a nationally recognized instructional program that utilizes the most current guidelines issued by the American Heart Association or equivalent organization.  The instruction should be designed to:

1. have students recognize the signs of a possible cardiac arrest and to call 911,

2. provide an opportunity to demonstrate compressions necessary to perform hands-only    CPR, and

3.  provide an awareness in the use of the AED.

 

The American Heart Association and the American Red Cross have established a program for instruction in CPR and awareness in the use of AEDs that can be delivered in one or two class periods. The instruction provided pursuant to Education Law §804-a, the instruction of hands-only CPR, does not require the instructor to be an authorized CPR/AED instructor because such hands-only instruction will not result in a course completion card. To meet this requirement, schools may choose from a variety of low cost and no-cost options that provide hands-only CPR instruction.

 

Pursuant to the provisions of Education Law §804-c and 804-d, where approved by local school boards, school districts may continue to offer comprehensive CPR certification instruction at their discretion. However, in cases where districts do not offer such a course, all high school students will be required to receive instruction in hands-only CPR and the use of AEDs.

 

The American Heart Association provides numerous resources to help districts implement hands-only CPR and AED instruction.  These resources are available at https://yourethecure.org/aha/advocacy/details.aspx?BlogId=2&PostId=4139.

 

If you have any questions concerning hands-only instruction in CPR and AED in senior high school, please contact the Office of Curriculum and Instruction by email at emscurric@nysed.gov or by phone at 518-474-5922.

 

 

 

Melinda Murray, Karen Acompora, Suzy McCarthy, Annette Adamczak attending regulation adoption in Albany Sept. 17, 2015

 

Legislation For CPR Training In High Schools Passes Senate

NewsLI.com

June 14, 2012

“CPR in Schools” Legislation Would Arm Entire Generations of New Yorkers with CPR Training

(Long Island, NY) Senator Jim Alesi today announced that the Senate passed his bill (S.2491) to incorporate basic cardiopulmonary resuscitation (CPR) instruction and use of an automated external defibrillator (AED) into high school physical education or health classes.

“Having performed CPR twice in recent years, I have first-hand experience at how critical it is to start CPR as soon as possible to increase the survival rate of cardiac arrest victims,” said Senator Alesi. “Unquestionably, this legislation will increase awareness and knowledge of this important life-saving technique and provide students with valuable basic training.  As we continue to hear more stories about our state’s young people suffering from sudden cardiac arrest, I cannot think of a better combatant than arming entire generations of New Yorkers with basic CPR skills.”

“If you suffer sudden cardiac arrest, your best chance at survival is receiving bystander CPR until EMTs arrive,” said Dr. Stephen Cook of the Univ ersity of Rochester Medical Center and American Heart Association advocate.  “Eighty percent of out-of-hospital sudden cardiac arrests happen in the home - so the life you save will likely be that of a loved one. We are so thrilled the Senate passed this bill, championed by our own Senator Alesi. CPR saves lives.”

While this legislation does not require students to become certified in CPR, the basic instruction will provide students with the valuable skills necessary to save lives.  Currently, CPR may be offered as a voluntary addition to the health curriculum.  Due to the increased awareness of heart disease and sudden cardiac arrest, CPR instruction can provide students with the knowledge necessary to act in the event of a cardiac emergency.  In 2010, the American Heart Association revised its CPR guidelines to place a greater emphasis on chest compressions – commonly known as the “hands-only” method.  Learning this simpler CPR technique can provide students with the knowledge necessary to save other students’ lives, or the lives of a sibling or parent.

Senator Alesi has been a strong advocate for CPR and AED instruction throughout his tenure in the Legislature.  Recently, Senator Alesi introduced a resolution memorializing Governor Cuomo to proclaim June 1-7, 2012, as CPR and AED Awareness Week in the State of New York – part of National CPR and AED Awareness Month.  Over the past few months, Senator Alesi has attended a number of CPR-related events including: visiting Averill Park High School outside Albany to celebrate the school’s efforts to train more than 1,000 studen ts being trained in CPR in the last three years; hosting the American Heart Association to Albany for its annual advocacy day; and discussing the merits of CPR instruction with members from Mercy Flight Central, an organization Senator Alesi helped to launch a decade ago.  In March of this year, as a first step in leading by example, Senator Alesi and his entire staff became certified in CPR and AED use, having taken an AHA course at the Penfield Community Center.  Continuing his grass-roots advocacy for CPR training, Senator Alesi encouraged the AHA to conduct a training seminar for his colleagues – and various Senate personnel – in Albany prior to the close of the 2012 Legislative Session; the training took place this morning in concert with the Senate’s push to pass Senator Alesi’s CPR in Schools Bill.

Passage of the CPR in Schools bill culminates an incredibly successful, twenty-year career by Senator Alesi as a strong advocate for increasing public awareness of CPR and AED use, and as a steadfast supporter of volunteer emergency service providers.  As a precursor to the CPR in Schools legislation, Senator Alesi championed another similarly significant piece of legislation that has saved lives: a bill in 2006 that requires public facilities with more than 1,000 people to be equipped with an AED and at least one trained employee.  Senator Alesi has also introduced bills to increase volunteerism in local emergency service organizations, such as providing a tuition benefit for volunteer firefighters and ambulance workers, that was negotiated and included in a previous budget, and legislation to reduce costs for volunteer service organizations, including a bill that would have required energy providers to offer services to ambulance organizations at residen tial rates.

The bill will be sent to the Assembly, where it is sponsored by Assemblyman Harvey Weisenberg (D).

Senator Alesi has also been instrumental in securing millions of dollars for dozens of emergency service organizations in Rochester and Monroe County through the years, including Mercy Flight Central and RIT Student Ambulance, one of the few state-credited, all-volunteer student ambulance corps in New York State.  For his efforts on behalf of emergency organizations and volunteers, Senator Alesi has been named an honorary member of most fire departments in the 55th Senate District, and has previously served a member of the Board of Directors for Mercy Flight. Growing up in a family which served with volunteer fire and ambulance companies, Senator Alesi understands how vital these organizations are to New York State.

Recently, Senator Alesi received the inaugural Dr. David Satcher Honorary Community Health Improvement Award from the University of Rochester Medical Center for his unwavering commitment to the Center for Community Health.  Lastly, Senator Alesi is well-known in the State Capitol as the preeminent author of children’s health legislation.  Since joining the Senate, Senator Alesi has sponsored numerous bills aimed at protecting children from dangerous toxins, including legislation that would remove lead and cadmium from toys, novelty items and costume jewelry, and legislation that established a Children’s Environmental Health Advocacy Committee to assist state agenci es and schools in removing toxic cleaning agents from our schools.

Senator Alesi’s bill to prohibit the use of bisphenol-A (BPA) and other phthalates from baby bottles and pacifiers received national attention and has become the model for federal legislation.  Also, Senator Alesi previously introduced “Safe Playground” legislation that eliminated chromate copper arsenate (CCA) from pressure-treated lumber once commonly used for playgrounds.

Gyms have duty to use defibrillators: NY appeals court

12/30/2011

NEW YORK, Dec 30 (Reuters) - New York health clubs have a legal obligation to use automated external defibrillators on members experiencing cardiac episodes, a unanimous New York appeals court ruled.

The Appellate Division, Second Department, opinion published Thursday is the first time the court has recognized an affirmative duty for health clubs to use AEDs--which are required to be on-site in New York health clubs, along with an employee trained to use them--under New York's General Business Law 627-a.

"Although the statute does not contain any provision that specifically imposes an affirmative duty upon the facility to make use of its required AEDs, it also does not contain any provision stating there is no duty to act," Justice Sandra Sgroi wrote for the unanimous four-judge panel. "Moreover, it is illogical to conclude that no such duty exists."

The underlying case was filed in Suffolk County court in 2008 on behalf of Gregory Miglino, who collapsed after a game of racquetball at a club in Lake Grove, N.Y., owned and operated by Bally Total Fitness of Greater New York Inc.

According to the court record, another gym member alerted the front desk, which immediately placed an emergency call to 911. Several Bally employees, including one trained in AED use, arrived at the scene shortly after with the club's AED and checked Miglino's pulse.

However, the court noted, the AED was never used on Miglino. Several minutes later, an ambulance arrived and took Miglino to nearby Stony Brook Hospital, where he was pronounced dead.

It is unclear why Bally employees failed to use the AED, the court wrote. It could be that they acted negligently, but it also is possible that there was a good reason that they didn't attempt to revive Miglino with t he device, according to the ruling.

SIMILAR FIRST DEPARTMENT CASE

Regardless, the court concluded that New York law "imposes an inherent duty to make use of the statutorily required AED" and the Miglino lawsuit "states a cognizable cause of action to recover damages based upon Bally's failure to use its AED upon the decedent."

The Appellate Division, First Department, tackled a similar issue in its 2010 ruling in Digiulio v. Gran Inc., a case involving a plaintiff who suffered an apparent heart attack after exercising at a health club.

While that case involved a motion for summary judgment -- unlike the Miglino case, which involved a motion to dismiss for failure to state a cause of action -- the First Department found no viable cause of action against the club owner, ruling that the "club's employees more than fulfilled their duty of care by immediately calling 911 and performing CPR."

The New York Court of Appeals dismissed the challenge, finding that the plaintiff had failed to establish that the club owner had been grossly negligent in failing to access the club's AED. But it left open the question of whether the General Business Law set forth an affirmative duty to use the AED that clubs a re required to provide, the Second Department noted.

Attorneys for the parties did not immediately return requests for comment.

The case is Miglino v. Bally Total Fitness of Greater New York Inc et al., in the Supreme Court of the State of New York, Appellate Division, Second Judicial Department, No. 2010-06556.

For the plaintiff: Demi Sophocleous of Morrison Mahoney.

For the defendant: John Decola tor.

(Reporting by Jessica Dye)

Senate Passes Legislation to Allow Off-Duty EMTs to Carry AEDs

GateHouse News Service
Posted Feb 15, 2011 @ 10:00 AM

Albany, N.Y. — The state Senate Monday passed potentially lifesaving legislation that would allow emergency medical technicians to carry an automated external defibrillator in their personal vehicles.

"Clearing the way for trained first responders to carry AEDs at all times could be the difference between life and death for a heart attack patient," said state Senator James Seward, R,C,I - Oneonta, chairman of the Senate Insurance Committee. "By cutting away bureaucratic red-tape and ensuring trained emergency professionals have the tools they need, lives can be saved."

Current law does not permit EMTs to possess and use AEDs while they are off-duty, unless they are specifically licensed as a public access defibrillator provider.

"Particularly in rural parts of New York, EMTs are often first on the scene of an emergency — even when they are off-duty, and in the case of a cardiac emergency, every second counts," said Seward.

"This measure is just common sense. If more trained life-savers have defibrillators on-hand, more lives can be saved," said Senate Majority Leader Dean Skelos. "In fact if just one person is saved, this bill would be worthwhile.

The issue was first brought to Seward's attention by the Cincinnatus Emergency Squad when he was serving as chairman of the Senate Task Force on Volunteer Emergency Services.

"The Cincinnatus first responders were carrying defibrillators as a way to provide quick emergency care when they responded directly to a scene," said Seward. "In spite of the obvious benefits of having off-duty EMTs possess defibrillators, the Department of Health told the EMS squad it wasn't legally permissible under current regulations."

Seward said EMTs are trained to use AEDs and that having them in more places is only a plus for saving lives in emergency situations.

The legislation passed the Senate unanimously each year between 2005 and 2008.

The bill has been sent to the Assembly.

Senate Passes Legislation to Allow Off-Duty EMTs to Carry AEDs

Albany, N.Y. — The state Senate Monday passed potentially lifesaving legislation that would allow emergency medical technicians to carry an automated external defibrillator in their personal vehicles.

“Clearing the way for trained first responders to carry AEDs at all times could be the difference between life and death for a heart attack patient,” said state Senator James Seward, R,C,I - Oneonta, chairman of the Senate Insurance Committee. “By cutting away bureaucratic red-tape and ensuring trained emergency professionals have the tools they need, lives can be saved.”

Current law does not permit EMTs to possess and use AEDs while they are off-duty, unless they are specifically licensed as a public access defibrillator provider.

“Particularly in rural parts of New York, EMTs are often first on the scene of an emergency — even when they are off-duty, and in the case of a cardiac emergency, every second counts,” said Seward.

“This measure is just common sense. If more trained life-savers have defibrillators on-hand, more lives can be saved,” said Senate Majority Leader Dean Skelos. “In fact if just one person is saved, this bill would be worthwhile.

The issue was first brought to Seward’s attention by the Cincinnatus Emergency Squad when he was serving as chairman of the Senate Task Force on Volunteer Emergency Services.

“The Cincinnatus first responders were carrying defibrillators as a way to provide quick emergency care when they responded directly to a scene,” said Seward. “In spite of the obvious benefits of having off-duty EMTs possess defibrillators, the Department of Health told the EMS squad it wasn’t legally permissible under current regulations.”

Seward said EMTs are trained to use AEDs and that having them in more places is only a plus for saving lives in emergency situations.

The legislation passed the Senate unanimously each year between 2005 and 2008.

The bill has been sent to the Assembly.

Port Authority Expands Award-Winning Defibrillator Program at Facilities

Nearly 10 years after the Port Authority pioneered the use of automated external defibrillators (AEDs) within its police department, the agency will greatly expand the program with the purchase of 1,200 new AEDs for use at its airports, PATH rapid-transit rail system, tunnels, bridges, bus terminals and port terminals in New York and New Jersey.

FDA Okays Defibrillator System for Pediatric Use

By Ori Twersky

WASHINGTON (Reuters Health) Jan 28 - Cardiac Science Inc. said on Tuesday that it has received a supplemental clearance from the US Food and Drug Administration (FDA) to market its pediatric defibrillation electrode pad system for its Powerheart AED (automatic emergency defibrillator), permitting the system to be used on children under eight years old.

The pediatric electrode pads are significantly smaller than the standard pads, to better fit the bodies of children. The pediatric system also is designed to decrease the energy delivered during a defibrillation shock.

"The school market is expanding rapidly in both the US and UK and we anticipate additional legislation, similar to New York State, which will continue to drive adoption of automatic external defibrillators in schools," said Cardiac Science CEO Raymond W. Cohen.

Cohen added that the new pad system would retail for about $90 and that shipments would begin immediately.

Citing a study conducted by the Centers for Disease Control and Prevention (CDC), the medical device maker estimated that about 23,320 children and young adults in the US died of cardiac arrest between 1989 and 1996.