(a) State officers and employees charged with management of public buildings should endeavor to recruit volunteers or, in appropriate circumstances, assign employees, in compliance with the applicable collective bargaining agreements and relevant Labor Law provisions, as part of their official job duties to operate AEDs, such that there are optimally not less than two operators per each AED or, in multiple floor buildings, two operators per floor, whichever is greater, which operators are trained in the operation and use of an AED and whose regular workstations are located in proximity of AEDs such that they may be able to comply with the response time described in section 303.3(b)(1) of this Part.

(b) Operator training shall include a combination of both CPR and AED training. An AED operator is required to successfully complete a CPR/AED training class at intervals necessary to maintain certification.

(c) Agencies shall select and pay for a training provider approved by DOH for purposes of training employees to both administer CPR and use AEDs, consistent with the provisions of Public Health Law, section 3000-b(3)(a). The successful completion of an approved CPR/AED training course shall be a prerequisite to being considered by an agency for designation as an authorized AED operator.

(d) Agencies may determine where and how an operator receives his/her CPR/AED training, if such training is scheduled during the employee's regular workday. An operator that receives his/her CPR/AED training outside of the employee's regular workday will be eligible for reimbursement for the cost of the training so long as the provider is approved by DOH and the operator receives prior approval from the agency.

(e) All activities pursuant to this Part of all operators, coordinators, and administrators, and any designees thereof, whether such persons are acting as volunteers or by virtue of their assigned work responsibilities, shall be considered to be within the scope of the subject State employees' employment with the State of New York. The activities contemplated in this subdivision include all those contained in this Part, including but not limited to the location, operation, maintenance and testing of AED equipment, as well as the administrative and ministerial functions, and any other activity implied or reasonably necessary to the effective provision, operation and administration of a Public Access Defibrillation Program. Pursuant to the provisions of section 17 of the Public Officers Law, operators, coordinators, and administrators who are volunteers and not State employees shall be eligible for defense and indemnification by the State in their activities pursuant to this Part upon their express authorization by the respective State agency to participate in the volunteer component of this State sponsored Public Access Defibrillation Program.