The School District is required to provide and maintain on-site in each instructional school facility, at school-sponsored or school-approved curricular or extracurricular events or activities, and at school-sponsored athletic contests and competitive athletic events, at least one functional cardiac automated external defibrillator (AED) for use during emergencies. Public school facilities and staff who will operate the AED equipment pursuant to Education Law Section 917 are deemed “a public access defibrillation (PAD) provider” as defined in Public Health Law Section 3000-b and subject to its provisions.
1) “Automated external defibrillator” means a device as defined in Public Health Law Section 3000-b(1)(a).
2) “Instructional school facilities” means a building or other facility maintained by the School District where instruction is provided to students pursuant to its curriculum.
3) “School-sponsored or school-approved curricular or extracurricular events or activities” means events or activities of the School District that are, respectively, associated with its instructional curriculum or otherwise offered to its students.
4) “School-sponsored athletic contest” means an extra-class intramural athletic activity of instruction, practice and competition for students in grades 4 through 12 consistent with Commissioner s Regulations Section 135.4.
5) “School-sponsored competitive athletic event” means an extra-class interscholastic athletic activity of instruction, practice and competition for students in grades 7 through 12 consistent with Commissioner’s Regulations Section 135.4.
On-Site Cardiac Automated External Defibrillators
The School District shall provide and maintain on-site in each instructional school facility sufficient functional cardiac automated external defibrillator equipment to ensure ready and appropriate access for use during emergencies. In determining the quantity and placement of automated external defibrillators, consideration shall be given to:
1) The number of students, staff and other individuals that are customarily or reasonably anticipated to be within such facility; and
2) The physical layout of the facility, including but not limited to:
a. Locations of stairways and elevators;
b. Number of floors in the facility;
c. Location of classrooms and other areas of the facility where large congregations of individuals may occur; and
d. Any other unique design features of the facility.
3) Whenever an instructional School District facility is used for a school-sponsored or school-approved curricular or extracurricular event or activity and whenever a school-sponsored athletic contest is held at any location, the public school officials and administrators responsible for such school facility or athletic contest shall ensure that AED equipment is provided on-site and that there is present during such event, activity or contest at least one staff person who is trained in accordance with Public Health Law in the operation and use of an AED.
4) Where a school-sponsored competitive athletic event is held at a site other than a School District facility, School District officials shall assure that AED equipment is provided on-site by the sponsoring or host district and that at least one staff person who is trained, in accordance with Public Health Law, in the operation and use of the AED is present during such athletic event.
Each AED device shall be approved by the Food and Drug Administration for adult use and/or for pediatric use, as appropriate for the population reasonably anticipated to be served by such device, and shall be used according to the manufacturer’s instructions with due attention provided to operating procedures, maintenance and expiration date.
Limitation on Liability
The School District (as a public access defibrillation provider), or any employee or other agent of the District who, in accordance with the provisions of law, voluntarily and without expectation of monetary compensation renders emergency medical or first aid treatment using an AED to a person who is unconscious, ill or injured, shall not be liable for damages for injury or death unless caused by gross negligence.
Key Elements of a School-Based PAD Program*
*excerpted from Public Access Defibrillation (PAD) in Schools (2000), NYS Education Department
The following elements have been identified as essential in the planning and support of the District’s public access defibrillation (PAD) program:
1) A core emergency response team of trained personnel, including the school nurse, and a method to activate this team.
2) A well-defined emergency plan that clearly states all policies and procedures relative to the use of an AED.
3) Strategic placement and availability of the AED unit(s).
4) A rapid and effective communication system, especially with regard to events held at remote locations.
5) Initial training, periodic refresher sessions, and systematic retraining of appropriate staff in CPR, including the use of AEDs.
6) Regular maintenance of the AED unit(s) according to the manufacturer’s specifications.
7) Periodic testing and repair/replacement of non-functioning AED units.
8) Reporting the use of an AED to the collaborating emergency health care provider, who in turn is required to report to the Regional Emergency Medical Services Council.
9) Physician oversight.