§ 3000-D — Availability of resuscitation equipment in certain public places

§ 3000-d. Availability of resuscitation equipment in certain public\nplaces. 1. For the purposes of this section, the following terms shall\nbe defined as follows:\n a. "Bar" means any establishment which is devoted to the sale and\nservice of alcoholic beverages for on-premises consumption and in which\nthe service of food, if served at all, is incidental to the consumption\nof such beverages.\n b. "Health club" means any commercial establishment offering\ninstruction, training or assistance and/or the facilities for the\npreservation, maintenance, encouragement or development of physical\nfitness or well-being. "Health club" as defined herein shall include,\nbut not be limited to health spas, health studios, gymnasiums, weight\ncontrol studios, martial arts and self-defense schools or any other\ncommercial establishment offering a similar course of physical training.\n c. "Owner or operator" means the owner, manager, operator or other\nperson having control of an establishment.\n d. "Public place" means a restaurant, bar, theater or health club.\n e. "Restaurant" means any commercial eating establishment which is\ndevoted, wholly or in part, to the sale of food for on-premises\nconsumption.\n f. "Resuscitation equipment" means: (i) an adult exhaled air\nresuscitation mask, for which the federal food and drug administration\nhas granted permission to market, accompanied by a pair of disposable\ngloves, and (ii) a pediatric exhaled air resuscitation mask, for which\nthe federal food and drug administration has granted permission to\nmarket, accompanied by a pair of disposable gloves.\n g. "Theater" means a motion picture theater, concert hall, auditorium\nor other building used for, or designed for the primary purpose of,\nexhibiting movies, stage dramas, musical recitals, dance or other\nsimilar performances.\n 2. The owner or operator of a public place shall have available in\nsuch public place resuscitation equipment in quantities deemed adequate\nby the department. Such equipment shall be readily accessible for use\nduring medical emergencies. Any information deemed necessary by the\ncommissioner shall accompany the resuscitation equipment. Resuscitation\nequipment shall be discarded after a single use.\n 3. The owner or operator of a public place shall provide notice to\npatrons, by means of signs, printed material or other means of written\ncommunication, indicating the availability of resuscitation equipment\nfor emergency use and providing information on how to obtain\ncardiopulmonary resuscitation training. The type, size, style, location\nand language of such notice shall be determined in accordance with\nrules, promulgated by the commissioner. In promulgating such rules, the\ncommissioner shall take into consideration the concerns of the public\nplaces within the scope of this section. If the department shall make\nsigns available pursuant to this subdivision, it may charge a fee to\ncover printing, postage and handling expenses.\n 4. Any owner or operator of a public place, his or her employee or\nother agent, or any other person who voluntarily and without expectation\nof monetary compensation renders emergency treatment using the\nresuscitation equipment required pursuant to this section, to a person\nwho is unconscious, ill or injured, shall only be liable pursuant to\nsection three thousand-a of this article.\n 5. Nothing contained in this section shall impose any duty or\nobligation on any owner or operator of a public place, his or her\nemployee or other agent, or any other person to provide resuscitation\nassistance to the victim of a medical emergency.\n 6. Nothing in this section shall be construed to restrict the power of\nany county, city, town, or village to adopt and enforce additional local\nlaws, ordinances, or regulations which comply with at least the minimum\napplicable standards set forth in this article.\n