Bill Text: HI SB255 | 2019 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating To Automated External Defibrillators.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2019-02-15 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. [SB255 Detail]

Download: Hawaii-2019-SB255-Introduced.html

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THE SENATE	S.B. NO.	255
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to AUTOMATED EXTERNAL DEFIBRILLATORS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302A‑    Automated external defibrillators; requirements; training.  (a)  By the end of the 2019-2020 school year:

     (1)  All public schools shall have an automated external defibrillator situated in a permanent location on campus;

     (2)  All public schools shall have an additional automated external defibrillator permanently situated in each campus facility where fitness activities take place, including but not limited to a gymnasium, pool, or weight room;

     (3)  All public schools that have an athletic trainer shall ensure that at every sporting event, an additional automated external defibrillator is available and the athletic trainer is trained through a hands-on skills session in the use of automated external defibrillators at least once a year; and

     (4)  All public schools that do not have an athletic trainer shall ensure that at every sporting event, at least two faculty members of the school are trained in the use of automated external defibrillators at least once every two years.

     (b)  The department shall ensure that each automated external defibrillator is:

     (1)  Maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer; and

     (2)  Checked for readiness after each use and at least once every thirty days if the automated external defibrillator has not been used in the preceding thirty days; provided that records of the checks shall be maintained by the department and the individual school.

     (c)  For purposes of this section, "sporting event" includes competitions, scrimmages, and practices."

     SECTION 2.  Chapter 302C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302C‑    Automated external defibrillators; requirements; training.  (a)  By the end of the 2019-2020 school year:

     (1)  All private schools shall have an automated external defibrillator situated in a permanent location on campus;

     (2)  All private schools shall have an additional automated external defibrillator permanently situated in each campus facility where fitness activities take place, including but not limited to a gymnasium, pool, or weight room;

     (3)  All private schools that have an athletic trainer shall ensure that at every sporting event, an additional automated external defibrillator is available and the athletic trainer is trained through a hands-on skills session in the use of automated external defibrillators at least once a year; and

     (4)  All private schools that do not have an athletic trainer shall ensure that at every sporting event, at least two faculty members of the school are trained in the use of automated external defibrillators at least once every two years.

     (b)  Each private school shall ensure that each automated external defibrillator is:

     (1)  Maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer; and

     (2)  Checked for readiness after each use and at least once every thirty days if the automated external defibrillator has not been used in the preceding thirty days; provided that records of the checks shall be maintained by the department of education and the individual school.

     (c)  For purposes of this section, "sporting event" includes competitions, scrimmages, and practices."

     SECTION 3.  Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302D‑    Automated external defibrillators; requirements; training.  (a)  By the end of the 2019-2020 school year:

     (1)  All charter schools shall have an automated external defibrillator situated in a permanent location at the charter school;

     (2)  All charter schools shall have an additional automated external defibrillator permanently situated in each campus facility where fitness activities take place, including but not limited to a gymnasium, pool, or weight room;

     (3)  All charter schools that have an athletic trainer shall ensure that at every sporting event, an additional automated external defibrillator is available and the athletic trainer is trained through a hands-on skills session in the use of automated external defibrillators at least once a year; and

     (4)  All charter schools that do not have an athletic trainer shall ensure that at every sporting event, at least two faculty members of the school are trained and certified at all times in the use of automated external defibrillators at least once every two years.

     (b)  Each charter school shall ensure that each automated external defibrillator is:

     (1)  Maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer; and

     (2)  Checked for readiness after each use and at least once every thirty days if the automated external defibrillator has not been used in the preceding thirty days; provided that records of the checks shall be maintained by the charter school.

     (c)  For purposes of this section, "sporting event" includes competitions, scrimmages, and practices."

     SECTION 4.  Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§304A‑    Automated external defibrillators; requirements; training.  (a)  By the end of the 2019-2020 school year:

     (1)  All divisions and campuses of the University of Hawaii system shall have an automated external defibrillator situated in a permanent location on campus in accordance with the requirements of this section.  At least one automated external defibrillator that is accessible to the public shall be placed on each floor level of each place of public assembly; and

     (2)  The athletic department of the University of Hawaii, with regard to each institution under the University of Hawaii system, shall ensure that:

          (A)  There is an automated external defibrillator available to the athletic trainer present at every sporting event; and

          (B)  Every athletic trainer is trained through a hands-on skills session in the use of automated external defibrillators at least once a year.

     (b)  The University of Hawaii and each institution under the University of Hawaii system shall ensure that each automated external defibrillator is:

     (1)  Maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer; and

     (2)  Checked for readiness after each use and at least once every thirty days if the automated external defibrillator has not been used in the preceding thirty days; provided that records of the checks shall be maintained by the University of Hawaii.

     (c)  For purposes of this section:

     "Place of public assembly" means a single building that has fifty thousand square feet or more of indoor floor space and where:

     (1)  The public congregates for purposes such as deliberation, shopping, entertainment, amusement, or awaiting transportation; or business activities are conducted; and

     (2)  At least fifty individuals congregate on a normal business day.

     "Sporting event" includes competitions, scrimmages, and practices."

     SECTION 5.  Chapter 305J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§305J‑    Automated external defibrillators; requirements; training.  (a)  By the end of the 2019-2020 school year:

     (1)  Private colleges or universities shall have an automated external defibrillator situated in a permanent location on campus in accordance with the requirements of this section.  At least one automated external defibrillator that is accessible to the public shall be placed on each floor level of each place of public assembly; and

     (2)  The athletic department of the private college or university, with regard to each institution under the private college or university's system, shall ensure that:

          (A)  There is an automated external defibrillator available to the athletic trainer present at every sporting event; and

          (B)  Every athletic trainer is trained through a hands-on skills session in the use of automated external defibrillators at least once a year.

     (b)  The private college or university and each institution under the private college or university's system shall ensure that the automated external defibrillator is:

     (1)  Maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer; and

     (2)  Checked for readiness after each use and at least once every thirty days if the automated external defibrillator has not been used in the preceding thirty days; provided that records of the checks shall be maintained by the private college or university.

     (c)  For purposes of this section:

     "Place of public assembly" means a single building that has fifty thousand square feet or more of indoor floor space and where:

     (1)  The public congregates for purposes such as deliberation, shopping, entertainment, amusement, or awaiting transportation; or business activities are conducted; and

     (2)  At least fifty individuals congregate on a normal business day.

     "Sporting event" includes competitions, scrimmages, and practices."

     SECTION 6.  Section 663-1.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  [Any person who in good faith, without remuneration or expectation of remuneration, attempts to resuscitate a person in immediate danger of loss of life when administering any automated external defibrillator, regardless of where the automated external defibrillator that is used is located, shall not be liable for any civil damages resulting from any act or omission except as may result from the person's gross negligence or wanton acts or omissions.

     Any person, including an employer, who provides for an automated external defibrillator or an automated external defibrillator training program shall not be vicariously liable for any civil damages resulting from any act or omission of the persons or employees who, in good faith and without remuneration or the expectation of remuneration, attempt to resuscitate a person in immediate danger of loss of life by administering an automated external defibrillator, except as may result from a person's or employer's gross negligence or wanton acts or omissions.] The following persons shall not be held liable for any civil damages arising out of any acts or omissions relating to the use, placement, or provision of an automated external defibrillator except as may result from the person's gross negligence or wanton acts or omissions:

     (1)  Any person who acquires an automated external defibrillator;

     (2)  Any person who owns, operates, manages, or is otherwise responsible for the location where an automated external defibrillator is placed;

     (3)  Any person who retrieves or fails to retrieve an automated external defibrillator;

     (4)  Any person who uses, attempts to use, or fails to use an automated external defibrillator;

     (5)  Any person who was present at a location where an automated external defibrillator was used or not used;

     (6)  Any physician or other authorized healthcare provider or person who issues a prescription for the purchase of an automated external defibrillator or provides medical oversight services to a location where an automated external defibrillator is placed;

     (7)  Any person who is involved with or responsible for the design, management, or operation of an automated external defibrillator program; and

     (8)  Any person or entity that provides instruction in the use of an automated external defibrillator.

     The immunity described in this subsection applies regardless of where an automated external defibrillator is retrieved or located."

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Education; Automated External Defibrillators; Civil Liability

 

Description:

Requires by the end of the 2019-2020 school year, that all public schools, private schools, public charter schools, University of Hawaii and its divisions, campuses, and institutions, and private colleges and universities and their divisions, campuses, and institutions have automated external defibrillators situated in a permanent location on campus.  Requires the public schools, private schools, public charter schools, University of Hawaii, and private colleges and universities that have an athletic trainer to have an automated external defibrillator available at each sporting event.  Requires the automated external defibrillators to be maintained and tested regularly.  Provides that any person who uses, places, or provides for an automated external defibrillator be immune from civil liability, except as may result from the person's gross negligence or wanton acts or omissions.

 

 

 

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