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S 10009

Prohibits adverse employment action where an employee renders first aid or emergency treatment

2025 Regular Session Introduced by Chris Ryan

Protects employees who voluntarily provide first aid away from healthcare facilities from discipline or adverse changes to terms of employment, unless grossly negligent.

REFERRED TO HEALTH
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Bill Summary · S 10009

Bill Summary – S 10009 (2025-2026) — New York

Title

Prohibits adverse employment action where an employee renders first aid or emergency treatment

Purpose and Intent

This bill seeks to protect employees who voluntarily provide first aid or emergency treatment outside of a hospital or medical facility from adverse employment actions. The goal is to encourage bystander or workplace responders to assist in emergencies without fear of discipline, termination, or changes to terms and conditions of employment, provided they act without monetary compensation and are not grossly negligent.

Key Provisions

  • New statutory protection: A new subdivision (2) is added to Section 3000-a of the Public Health Law (renumbering existing subdivision 2 to 3).
  • Scope of protection:
    • Applies to employees in both public and private employment.
    • Covers voluntary acts of first aid or emergency treatment conducted at the scene of an accident or other emergency.
    • Applies when such aid is provided outside a hospital, doctor’s office, or any place with immediate medical equipment nearby.
    • Protection from adverse employment actions includes:
    • No discipline or reprimand
    • No adverse alteration to terms and conditions of employment
  • Condition for protection:
    • The protection applies only if the employee acted voluntarily and without expectation of monetary compensation.
  • Limitation:
    • The protection does not apply if the employee is found to be grossly negligent in providing the first aid or emergency treatment.
  • Effective date: The act takes effect immediately upon enactment.

Who Is Affected

  • Individuals: Employees (both public and private sector) who render first aid or emergency treatment voluntarily, without pay, at the scene of an emergency away from healthcare facilities.
  • Organizations: Employers in both the public and private sectors who would otherwise have disciplinary or employment-terms changes applied due to such acts by their employees.

Procedural and Timeline Considerations

  • Introduction and referral: Introduced in the Senate as S 10009 by Sen. Christopher Ryan, referred to the Health Committee.
  • Effective date: Immediate upon enactment (no delayed effective date specified).
  • Next steps: If enacted, the new subdivision would amend the Public Health Law, requiring compliance by employers and informing enforcement actions for violations (the bill text does not specify enforcement mechanisms beyond the prohibition itself).

Practical Impact

  • Encourages timely bystander or workplace assistance in emergencies by reducing fear of retaliation.
  • Aligns with good samaritan principles by providing legal protection for non-professional responders acting in good faith.
  • Provides a clear standard: protection is contingent on lack of gross negligence and absence of compensation expectation.

If you’d like, I can add a brief comparison to existing bystander/Good Samaritan protections in New York or summarize potential ambiguities (e.g., what constitutes “gross negligence” in different scenarios).

Compiled from official sources — confirm details with the bill’s official record.

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