Home » 2015 Issues » July 01, 2015 » EDU-26-15-00013-P Instruction in Cardiopulmonary Resuscitation (CPR) and Use of Automated External Defibrillators (AEDs)
EDU-26-15-00013-P Instruction in Cardiopulmonary Resuscitation (CPR) and Use of Automated External Defibrillators (AEDs)
7/1/15 N.Y. St. Reg. EDU-26-15-00013-P
NEW YORK STATE REGISTER
VOLUME XXXVII, ISSUE 26
July 01, 2015
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. EDU-26-15-00013-P
Instruction in Cardiopulmonary Resuscitation (CPR) and Use of Automated External Defibrillators (AEDs)
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Instruction in Cardiopulmonary Resuscitation (CPR) and Use of Automated External Defibrillators (AEDs).
Purpose:
To require hands-only instruction in CPR and instruction in the use of AEDs in senior high schools.
Text of proposed rule:
Paragraph (11) of subdivision (c) of section 100.2 is added, effective October 7, 2015, as follows:
(11) Students in senior high schools shall be provided instruction in hands-only cardiopulmonary resuscitation and the use of an automated external defibrillator.
(i) Standards for such instruction shall be based on a nationally recognized instructional program that utilizes the most current guidelines for cardiopulmonary resuscitation and emergency cardiovascular care issued by the American Heart Association or a substantially equivalent organization and be consistent with the requirements of the programs adopted by the American Heart Association or the American Red Cross, and shall incorporate instruction designed to:
(a) recognize the signs of a possible cardiac arrest and to call 911;
(b) provide an opportunity to demonstrate the psychomotor skills necessary to perform hands-only compression cardiopulmonary resuscitation; and
(c) provide awareness in the use of an automated external defibrillator.
(ii) Nothing in this paragraph shall prohibit a voluntary course of instruction in comprehensive cardiopulmonary resuscitation provided by a properly certified instructor in cardiopulmonary resuscitation which results in a certificate pursuant to the provisions of Education Law section 804-c. Students who receive such instruction in comprehensive cardiopulmonary resuscitation pursuant to the provisions of Education Law section 804-c shall be deemed to meet the requirements of this paragraph.
(iii) Nothing in this paragraph relating to required instruction in hands-only cardiopulmonary resuscitation and instruction in the use of an automated external defibrillator shall require a licensed teacher to possess certification for such instruction that does not result in certification in cardiopulmonary resuscitation or certification in the operation of an automated external defibrillator and in its instruction.
Text of proposed rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov
Data, views or arguments may be submitted to:
Ken Wagner, Deputy Commissioner, Office of Curriculum, Assessment and Educational Technology, EBA Room 875, 89 Washington Ave., Albany, NY 12234, (518) 474-5915, email: NYSEDP12@nysed.gov
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Education Law section 207 empowers the Board of Regents and the Commissioner of Education to adopt rules and regulations to carry out the laws of the State regarding education and the functions and duties conferred on the State Education Department by law.
Education Law section 305(1) and (2) provide the Commissioner, as chief executive officer of the State's education system, with general supervision over all schools and institutions subject to the Education Law, or any statute relating to education, and responsibility for executing all educational policies of the Regents.
Education Law § 804-c authorizes school districts to provide cardiopulmonary resuscitation (CPR) instruction as part of the health education curriculum at their own discretion. If a district chooses to include such instruction, in addition to the requirement that all teachers of health education are certified to teach health, persons providing CPR instruction must possess valid certification in the performance and teaching of CPR. School districts that choose to offer CPR instruction under § 804-c are required to provide necessary facilities, time, learning aids, and curricular resource materials to support such course study.
Education Law § 804-d provides that senior high schools in which CPR instruction is provided pursuant to Education Law § 804-c, must also include instruction regarding the correct use of Automated External Defibrillators (AEDs). Individuals providing instruction in the correct use of AEDs must possess valid certification by a nationally recognized organization or the State emergency medical services council offering certification in the operation of an AED and in its instruction.
Chapter 417 of the Laws of 2014 added Education Law § 305(52) to require the Commissioner to make a recommendation to the Board of Regents regarding a potential new mandate for required instruction in CPR and the use of AEDs in senior high schools. The law further requires the Commissioner to seek the recommendations of teachers, school administrators, educators, and others with educational expertise in such curriculum, as well as comments from parents, students, and other interested parties prior to making a recommendation to the Board of Regents.
2. LEGISLATIVE OBJECTIVES:
The proposed rule is consistent with the above statutory authority and is necessary to implement Education Law sections 305(52), as added by Chapter 417 of the Laws of 2014.
3. NEEDS AND BENEFITS:
Chapter 417 of the Laws of 2014 added Education Law § 305(52) to require the Commissioner to make a recommendation to the Board of Regents regarding a potential new mandate for required instruction in CPR and the use of AEDs in senior high schools. The law further requires the Commissioner to seek the recommendations of teachers, school administrators, educators, and others with educational expertise in such curriculum, as well as comments from parents, students, and other interested parties prior to making a recommendation to the Board of Regents.
The Department sought feedback from stakeholders regarding the impact of mandating such a course rather leaving the decision to provide CPR instruction to local school boards. The results from the survey were presented at the April 2015 meeting (http://www.regents.nysed.gov/common/regents/files/meetings/Apr%202015/415p12d9.pdf). The results of the survey indicated that although a majority of survey responders agreed to varying degrees that CPR/AED instruction is important, the field expressed concern that implementation of this mandate would present fiscal challenges to districts through the purchase of equipment, as well as the provision of professional development and classroom instruction.
In general, the Department continues to recommend that curriculum decisions, such as whether to offer CPR/AED instruction, be made at the local school district level rather than through a statewide mandate. Additionally, current New York State law allows for CPR/AED instruction in an educational setting and is encouraged by current New York State learning standards. (see Education Law § 804-c; Education Law § 804-d). However, recognizing that CPR/AED affects vital matters of life and death, the Department recommends an exception to this general policy and implement required instruction in hands-only CPR/AED for students in senior high schools.
The American Heart Association and the American Red Cross have established a program for instruction in CPR and awareness in the use of AEDs which can be delivered in one or two class periods. This program utilizes the most current guidelines for cardiopulmonary resuscitation and emergency cardiovascular care and. incorporates the use of hands-on compressions to support instruction. Additionally, unlike 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 which provide hands-only CPR instruction Therefore because hands-only CPR/AED instruction requires fewer resources than comprehensive CPR, limiting the mandate to hands-only CPR strives to mitigate the concerns expressed by survey responders while still providing students with access to potentially lifesaving 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.
4. COSTS:
(a) Costs to State: The rule implements Education Law section 305(52), as added by Chapter 417 of the Laws of 2014 and does not impose any costs on State government, including the State Education Department, beyond those costs imposed by the statute.
(b) Costs to local governments: Chapter 417 of the Laws of 2014 added Education Law § 305(52) to require the Commissioner to make a recommendation to the Board of Regents regarding a potential new mandate for required instruction in CPR and the use of AEDs in senior high schools.
Following receipt of feedback received from stakeholders, the Department recommended to the Board of Regents that instruction in hands-only CPR for high school students would provide the necessary skills to deliver potentially lifesaving assistance, while minimizing the costs to local districts. The American Heart Association and the American Red Cross have established a program for instruction in hands-only CPR and awareness in the use of AEDs which can be delivered in one or two class periods. To meet this requirement, schools may choose from a variety of low cost and no-cost options which provide hands-only CPR instruction. Schools may choose to purchase a hands-only CPR kit at the cost of approximately $38.50 per kit. Each kit contains all materials necessary to provide instruction to students and allows students to practice hands-on compressions. Additionally, such kits may be shared among classes and school buildings, and do not represent a recurring cost.
In addition to the low-cost hands-only CPR kit, schools may seek to provide this instruction at no additional cost. According to the American Heart Association, individuals, including students, can achieve acceptable levels of proficiency in hands-only CPR in thirty minutes. Such instruction can be delivered using videos available at no-cost, and students can practice delivering compressions on existing school equipment. Additionally, schools may choose to partner with local emergency medical services or other providers to provide such instruction at no cost.
(c) Costs to private regulated parties: None.
(d) Cost to private, regulated parties: None.
(e) Costs to regulating agency for implementation and continued administration of this rule: None.
5. LOCAL GOVERNMENT MANDATES:
In general, the Department continues to recommend that curriculum decisions, such as whether to offer CPR/AED instruction, be made at the local school district level rather than through a statewide mandate. Additionally, current New York State law allows for CPR/AED instruction in an educational setting and is encouraged by current New York State learning standards. (see Education Law § 804-c; Education Law § 804-d). However, recognizing that CPR/AED affects vital matters of life and death, the proposed rule will mandated instruction in hands-only CPRand instruction in the use of AEDs for students in senior high schools, but provides flexibility and discretion to school districts on how and when such instruction will be provided.
6. PAPERWORK:
The proposed rule does not require any additional paperwork, and is necessary to implement Education Law section 305(52) as added by Chapter 417 of the Laws of 2014.
7. DUPLICATION:
The proposed rule does not duplicate any existing State or Federal requirements, and is necessary to implement Education Law section 305(52) as added by Chapter 417 of the Laws of 2014.
8. ALTERNATIVES:
Chapter 417 of the Laws of 2014 added Education Law § 305(52) to require the Commissioner to make a recommendation to the Board of Regents regarding a potential new mandate for required instruction in CPR and the use of AEDs in senior high schools. The Department continues to recommend that curriculum decisions, such as whether to offer CPR/AED instruction, be made at the local school district level rather than through a statewide mandate. Additionally, current New York State law allows for CPR/AED instruction in an educational setting and is encouraged by current New York State learning standards. (see Education Law § 804-c; Education Law § 804-d). However, recognizing that CPR/AED affects vital matters of life and death, the proposed rule mandates required instruction in hands-only CPR and instruction in the use of AEDs for students in senior high schools, but provides flexibility and discretion to school districts on how and when such instruction will be provided.
9. FEDERAL STANDARDS:
There are no applicable Federal standards.
10. COMPLIANCE SCHEDULE:
It is anticipated that regulated parties can achieve compliance with the proposed rule by its effective date.
Regulatory Flexibility Analysis
(a) Small businesses:
The proposed rule is necessary to implement Education Law section 305(52), as added by Chapter 417 of the Laws of 2014, which requires the Commissioner to make a recommendation to the Board of Regents regarding a potential new mandate for required instruction in cardiopulmonary resuscitation (CPR) and the use of Automated External Defibrillators (AEDs) in senior high schools. Pursuant to the Commissioner’s recommendation to the Board of Regents, the proposed rule would require students in senior high school be provided instruction in hands-only CPR and the use of AEDs. The proposed rule does not impose any economic impact, or other compliance requirements on small businesses. Because it is evident from the nature of the proposed rule that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.
(b) Local governments:
1. EFFECT OF RULE:
The rule applies to each of the 695 public school districts in the State.
2. COMPLIANCE REQUIREMENTS:
The proposed rule is necessary to implement Education Law section 305(52), as added by Chapter 417 of the Laws of 2014, which requires the Commissioner to make a recommendation to the Board of Regents regarding a potential new mandate for required instruction in cardiopulmonary resuscitation (CPR) and the use of Automated External Defibrillators (AEDs) in senior high schools. Pursuant to the Commissioner’s recommendation to the Board of Regents, the proposed rule would require students in senior high school be provided instruction in hands-only CPR and the use of AEDs.
3. PROFESSIONAL SERVICES:
To meet the requirement that all high school students receive instruction in hands-only CPR and the use of AEDs, schools may choose from a variety of low cost and no-cost options which provide hands-only CPR instruction. The American Heart Association and the American Red Cross have established a program for instruction in CPR and awareness in the use of AEDs which can be delivered in one or two class periods. This program utilizes the most current guidelines for cardiopulmonary resuscitation and emergency cardiovascular care and. incorporates the use of hands-on compressions to support instruction. Additionally, unlike 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.
4. COMPLIANCE COSTS:
To meet the requirement that all high school students receive instruction in hands-only CPR and the use of AEDs, schools may choose from a variety of low cost and no-cost options which provide hands-only CPR instruction. Schools may choose to purchase a hands-only CPR kit at the cost of approximately $38.50 per kit. Each kit contains all materials necessary to provide instruction to students and allows students to practice hands-on compressions. Additionally, such kits may be shared among classes and school buildings, and do not represent a recurring cost.
In addition to the low-cost hands-only CPR kit, schools may seek to provide this instruction at no additional cost. According to the American Heart Association, individuals, including students, can achieve acceptable levels of proficiency in hands-only CPR in thirty minutes. Such instruction can be delivered using videos available at no-cost, and students can practice delivering compressions on existing school equipment. Additionally, schools may choose to partner with local emergency medical services or other providers to provide such instruction at no cost.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The proposed rule does not impose any additional technological requirements on local governments. Economic feasibility is discussed above in the Compliance Costs section.
6. MINIMIZING ADVERSE IMPACT:
The proposed rule is necessary to implement Education Law section 305(52), as added by Chapter 417 of the Laws of 2014, which requires the Commissioner to make a recommendation to the Board of Regents regarding a potential new mandate for required instruction in cardiopulmonary resuscitation (CPR) and the use of Automated External Defibrillators (AEDs) in senior high schools. Pursuant to the Commissioner’s recommendation to the Board of Regents, the proposed rule would require students in senior high school be provided instruction in hands-only CPR and the use of AEDs.
In general, the Department continues to recommend that curriculum decisions, such as whether to offer CPR/AED instruction, be made at the local school district level rather than through a statewide mandate. Additionally, current New York State law allows for CPR/AED instruction in an educational setting and is encouraged by current New York State learning standards. (see Education Law § 804-c; Education Law § 804-d). However, recognizing that CPR/AED affects vital matters of life and death, the Department recommends an exception to this general policy and implement required instruction in hands-only CPR/AED for students in senior high schools.
The American Heart Association and the American Red Cross have established a program for instruction in CPR and awareness in the use of AEDs which can be delivered in one or two class periods. This program utilizes the most current guidelines for cardiopulmonary resuscitation and emergency cardiovascular care and. incorporates the use of hands-on compressions to support instruction. Additionally, unlike 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 which provide hands-only CPR instruction Therefore, because hands-only CPR/AED instruction requires fewer resources than comprehensive CPR, limiting the mandate to hands-only CPR strives to mitigate the concerns expressed by survey responders while still providing students with access to potentially lifesaving 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.
7. LOCAL GOVERNMENT PARTICIPATION:
Chapter 417 of the Laws of 2014 added Education Law § 305(52) to require the Commissioner to make a recommendation to the Board of Regents regarding a potential new mandate for required instruction in CPR and the use of AEDs in senior high schools. The law further requires the Commissioner to seek the recommendations of teachers, school administrators, educators, and others with educational expertise in such curriculum, as well as comments from parents, students, and other interested parties prior to making a recommendation to the Board of Regents.
The Department sought feedback from stakeholders regarding the impact of mandating such a course rather leaving the decision to provide CPR instruction to local school boards. The results from the survey were presented at the April 2015 meeting (http://www.regents.nysed.gov/common/regents/files/meetings/Apr%202015/415p12d9.pdf). The results of the survey indicated that although a majority of survey responders agreed to varying degrees that CPR/AED instruction is important, the field expressed concern that implementation of this mandate would present fiscal challenges to districts through the purchase of equipment, as well as the provision of professional development and classroom instruction.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed rule applies to each public school district in the State, including those located in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.
2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
The proposed rule is necessary to implement Education Law section 305(52), as added by Chapter 417 of the Laws of 2014, which requires the Commissioner to make a recommendation to the Board of Regents regarding a potential new mandate for required instruction in cardiopulmonary resuscitation (CPR) and the use of Automated External Defibrillators (AEDs) in senior high schools. Pursuant to the Commissioner’s recommendation to the Board of Regents, the proposed rule would require students in senior high school be provided instruction in hands-only CPR and the use of AEDs.
To meet the requirement that all high school students receive instruction in hands-only CPR and the use of AEDs, schools may choose from a variety of low cost and no-cost options which provide hands-only CPR instruction. The American Heart Association and the American Red Cross have established a program for instruction in CPR and awareness in the use of AEDs which can be delivered in one or two class periods. This program utilizes the most current guidelines for cardiopulmonary resuscitation and emergency cardiovascular care and. incorporates the use of hands-on compressions to support instruction. Additionally, unlike 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.
3. COSTS:
To meet the requirement that all high school students receive instruction in hands-only CPR and the use of AEDs, schools may choose from a variety of low cost and no-cost options which provide hands-only CPR instruction. Schools may choose to purchase a hands-only CPR kit at the cost of approximately $38.50 per kit. Each kit contains all materials necessary to provide instruction to students and allows students to practice hands-on compressions. Additionally, such kits may be shared among classes and school buildings, and do not represent a recurring cost.
In addition to the low-cost hands-only CPR kit, schools may seek to provide this instruction at no additional cost. According to the American Heart Association, individuals, including students, can achieve acceptable levels of proficiency in hands-only CPR in thirty minutes. Such instruction can be delivered using videos available at no-cost, and students can practice delivering compressions on existing school equipment. Additionally, schools may choose to partner with local emergency medical services or other providers to provide such instruction at no cost.
4. MINIMIZING ADVERSE IMPACT:
The proposed rule is necessary to implement Education Law section 305(52), as added by Chapter 417 of the Laws of 2014, which requires the Commissioner to make a recommendation to the Board of Regents regarding a potential new mandate for required instruction in cardiopulmonary resuscitation (CPR) and the use of Automated External Defibrillators (AEDs) in senior high schools. Pursuant to the Commissioner’s recommendation to the Board of Regents, the proposed rule would require students in senior high school be provided instruction in hands-only CPR and the use of AEDs.
In general, the Department continues to recommend that curriculum decisions, such as whether to offer CPR/AED instruction, be made at the local school district level rather than through a statewide mandate. Additionally, current New York State law allows for CPR/AED instruction in an educational setting and is encouraged by current New York State learning standards. (see Education Law § 804-c; Education Law § 804-d). However, recognizing that CPR/AED affects vital matters of life and death, the Department recommends an exception to this general policy and implement required instruction in hands-only CPR/AED for students in senior high schools.
The American Heart Association and the American Red Cross have established a program for instruction in CPR and awareness in the use of AEDs which can be delivered in one or two class periods. This program utilizes the most current guidelines for cardiopulmonary resuscitation and emergency cardiovascular care and. incorporates the use of hands-on compressions to support instruction. Additionally, unlike 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 which provide hands-only CPR instruction Therefore, because hands-only CPR/AED instruction requires fewer resources than comprehensive CPR, limiting the mandate to hands-only CPR strives to mitigate the concerns expressed by survey responders while still providing students with access to potentially lifesaving 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.
Because the statutory requirements upon which the proposed rule is based apply throughout the State, it is not possible to establish differing compliance or reporting requirements or timetables or to exempt entities in rural areas from the provisions of the proposed rule. The State Education Department does not believe that making a change for school personnel who live or work in rural areas is warranted because uniform standards are necessary across the State to ensure the health and safety of student and school personnel.
5. RURAL AREA PARTICIPATION:
Chapter 417 of the Laws of 2014 added Education Law § 305(52) to require the Commissioner to make a recommendation to the Board of Regents regarding a potential new mandate for required instruction in CPR and the use of AEDs in senior high schools. The law further requires the Commissioner to seek the recommendations of teachers, school administrators, educators, and others with educational expertise in such curriculum, as well as comments from parents, students, and other interested parties prior to making a recommendation to the Board of Regents.
The Department sought feedback from stakeholders regarding the impact of mandating such a course rather leaving the decision to provide CPR instruction to local school boards. The results from the survey were presented at the April 2015 meeting. (http://www.regents.nysed.gov/common/regents/files/meetings/Apr%202015/415p12d9.pdf). The results of the survey indicated that although a majority of survey responders agreed to varying degrees that CPR/AED instruction is important, the field expressed concern that implementation of this mandate would present fiscal challenges to districts through the purchase of equipment, as well as the provision of professional development and classroom instruction.
Job Impact Statement
The proposed rule is necessary to implement Education Law section 305(52), as added by Chapter 417 of the Laws of 2014, which requires the Commissioner to make a recommendation to the Board of Regents regarding a potential new mandate for required instruction in cardiopulmonary resuscitation (CPR) and the use of Automated External Defibrillators (AEDs) in senior high schools. Pursuant to the Commissioner’s recommendation to the Board of Regents, the proposed rule would require students in senior high school be provided instruction in hands-only CPR and the use of AEDs. Because it is evident from the nature of the proposed rule that it will have no impact on the number of jobs or employment opportunities in New York State, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
