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Regulations Requiring Resuscitation Equipment
Take Effect Immediately
Final regulations have been issued by the New York State Department of Health and will take effect immediately on legislation that passed back in 2001. The law requires “public places” including restaurants to have resuscitation equipment available. NYSRA opposed the legislation every step of the way and submitted written comments to the Department of Health on two separate occasions. Unfortunately they did not make our recommended changes.
The necessary resuscitation equipment includes:
· Two adult exhaled air resuscitation masks,
· Two pediatric exhaled air resuscitation masks, and
· Four pairs of disposable gloves.
The equipment must be “in an accessible area of such public place…to assure that patrons and/or staff can access it for use and bring it to the victim within 3 minutes of onset of an incident.” This may include but is not limited to the bar area, service counter area, host/hostess station, registration desk or concession stand. The gloves and mask must be discarded after a single use and replaced within 96 hours.
There needs to be a written statement with the equipment stating:
“In the event of an emergency, request assistance by dialing 911. Do not attempt to use unless trained in cardiopulmonary resuscitation (CPR) and in the use of exhaled air resuscitation masks. Resuscitation equipment contents include: Two adult exhaled air resuscitation masks, two pediatric exhaled air resuscitation masks, and four pairs disposable gloves. Discard gloves and mask after one use replace equipment as indicated.”
There also needs to be a notice to all patrons that shall include the following statement:
1. In the event of an emergency, call 911 or (insert name of the local Emergency
Medical Service (EMS)) at (insert phone number of local EMS system).
2. Resuscitation masks and disposable gloves are available at (insert name of
location(s) where resuscitation equipment is provided).
3. Learn CPR. For information contact (insert name(s) of organization(s) qualified to
offer CPR training, which may include but are not limited to American Red
Cross and American Heart Association).
The lettering on signs or informational handouts shall be sufficient size so that all information is clear, conspicuous and easily read. Signs and informational handouts shall be printed on durable material with a light-colored background. The required information on signs and informational handouts shall be a highly visible color, with lettering on signs a minimum of 5/16 inches in height and the lettering on informational handouts a minimum of 1/16 inch in height.
The law does contain a good Samaritan clause which says that any person who voluntarily and without expectation
of monetary compensation renders emergency treatment using the resuscitation equipment to a person who is
unconscious, ill or injured, shall only be liable for damages for injuries or death of such person due to an act or omission
in the rendering of such emergency treatment unless it is established that such injuries or death was caused by gross
negligence.
A person, entity, partnership, corporation, firm or society that, purchases or makes available resuscitation equipment that facilitates first aid, 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 limit the person's, entity's, partnership's, corporation's, firm's, society's or the emergency health care provider's liability for his, her or its own negligence, gross negligence or intentional misconduct.
Nothing contained in the new law requires any owner or operator of a public place or his or her employee or other agent, or any other person to provide resuscitation assistance to the victim of a medical emergency.
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