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A 10765

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

2025 Regular Session Introduced by Phil Steck

Prohibits adverse employment actions against employees who voluntarily provide first aid or emergency treatment outside facilities, unless gross negligence is shown.

REFERRED TO HEALTH
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WeVote Research Nonpartisan
Bill Summary · A 10765

Summary of New York Assembly Bill A.10765 (2025-2026 Session)

Title

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

Purpose and Intent

The bill aims to encourage bystander and employee-provided first aid or emergency treatment by offering protection from adverse employment consequences. It would prevent employers from disciplining or altering terms and conditions of employment for employees who voluntarily render first aid or emergency care at the scene of an accident or emergency outside of a hospital or medical facility, so long as the care provided is not grossly negligent.

Key Provisions

  • New protection added to Public Health Law § 3000-a(2) (renaming and restructuring):

    • The bill renumbers that subdivision to § 3000-a(3) and adds a new subdivision 2 with the following provision:
    • No employee (public or private sector) shall be subjected to:
      • Adverse employment action,
      • Alteration of terms and conditions of employment,
      • Disciplinary measures or reprimand,
    • if the employee voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an incident or emergency.
    • This protection applies when the care is provided outside a hospital, doctor’s office, or any place with proper medical equipment in close proximity.
    • A defense to liability exists if it is established that the employee was grossly negligent in providing such first aid or emergency treatment.

  • Scope:

    • Applies to both public and private employment.

  • Conditions for protection:

    • Voluntary action by the employee.
    • No expectation of monetary compensation.
    • First aid or emergency treatment rendered at the scene of an accident or emergency.
    • The setting lacks immediate access to a hospital, doctor’s office, or nearby proper medical equipment (i.e., not in a facility with required medical resources available).

  • Negligence standard:

    • The employee would not be protected if found to have been grossly negligent in delivering the aid or treatment.

Who Is Affected

  • Employees across public and private sectors who render first aid or emergency treatment voluntarily and without compensation at the scene of an accident or emergency.
  • Employers in both sectors who would be prohibited from taking adverse employment actions or disciplining employees for such actions.
  • The standard of accountability remains for gross negligence, which would undermine the protection.

Procedural and Timeline Aspects

  • Effective Date: Immediate upon enactment.
  • Legislative Status: Referred to the Assembly Committee on Health (as of the 2026-04-01 action). No further procedural steps or timelines are indicated in the text provided.

Practical Impact

  • Encourages timely aid by reducing fear of employment retaliation for unpaid, voluntary first-aid efforts.
  • Balances protection with accountability by retaining a gross negligence standard.
  • Could influence workplace policies on bystander intervention and worker training in first aid.

Notes

  • The bill includes only the explicit addition to the Public Health Law and does not appear to create new private rights of action beyond the existing framework for employment actions. It defines the scope narrowly to first aid or emergency treatment given outside medical facilities.

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

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