Bill Text: NJ A1592 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires certain places of public assembly to have automated external defibrillator on-site.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Health and Senior Services Committee [A1592 Detail]
Download: New_Jersey-2018-A1592-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
Assemblywoman ANGELA MCKNIGHT
District 31 (Hudson)
Assemblyman NICHOLAS CHIARAVAALLOTI
District 32 (Hudson)
Co-Sponsored by:
Assemblyman Holley
SYNOPSIS
Requires certain places of public assembly to have automated external defibrillator on-site.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning automated external defibrillators and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. Since 1999, the Legislature has recognized the public health benefits associated with having on-site automated external defibrillators accessible and ready for use at certain locations;
b. In light of the recognized benefits associated with increased defibrillator accessibility and use, the Legislature has enacted several laws over the preceding years to require defibrillators to be maintained in an accessible on-site location at various types of facilities, including public and non-public schools, health clubs, nursing homes, and assisted living facilities;
c. The survival rate for a cardiac event can be as high as 90% when defibrillation is provided in the first minute after cardiac arrest, but the chances of surviving the event decrease by seven to 10 percent with each minute that passes without defibrillation;
d. Because the congestion associated with large crowds of people impedes the ability of emergency medical services personnel to gain timely access to a person within the crowd who is experiencing a cardiac event, it is imperative that a defibrillator be readily accessible on-site at facilities and other sites that cater to large public assemblies, so that such facilities and sites can better ensure the prompt and appropriate provision of emergency treatment to, and the potential survival of, members of the assembly who are suffering from a cardiac event; and
e. In order to ensure that a person experiencing a cardiac event in a large public assembly will have the highest chance of survival, and will not be further endangered by the lack of timely emergency medical treatment, it is in the best interests of the residents of this State to require large places of public assembly to maintain an automated external defibrillator on their premises.
2. As used in this act:
"Automated external defibrillator" or "defibrillator" means a medical device heart monitor and defibrillator as described in section 2 of P.L.1999, c.34 (C.2A:62A-24).
"Place of public assembly" means an indoor or outdoor facility, building, or other site, which has the capacity to accommodate large public assemblies of at least 1,000 people at a time, including, but not limited to, a stadium, ballpark, gymnasium, race track, field house, arena, civic center, or other similar facility used for the conduct of sporting events; and any concert hall, recital hall, theater, indoor or outdoor amphitheater, or other auditorium space used for the presentation of musical renditions or concerts. A "place of public assembly" does not include any hall owned by a church, religious organization, grange, public association, or free library.
3. No later than one year after the effective date of this act, the owner or operator of each place of public assembly shall:
a. acquire, and maintain on-site at the place of public assembly, at least one automated external defibrillator, which shall remain accessible at all times when the place of public assembly is open for business;
b. store and maintain the defibrillator in a central, unlocked location that is known and accessible to employees, and which is within reasonable proximity to the audience seating area;
c. ensure that the defibrillator is tested and maintained in accordance with the manufacturer's operational guidelines;
d. provide notification to the appropriate first aid, ambulance, or rescue squad, or other appropriate emergency medical services provider, regarding the acquisition of the defibrillator, its type, and its location within the place of public assembly;
and
e. mark the location of the defibrillator with a prominent sign.
4. a. Any person who violates the provisions of section 3 of this act shall be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and not less than $1,000 for the third and each subsequent violation.
b. The penalty provided by this section shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes, or a law enforcement officer having enforcement authority in the municipality, may issue a summons for a violation of the provisions of section 3 of this act, and may serve and execute all process with respect to the enforcement of this section, consistent with the Rules of Court.
c. A penalty recovered under the provisions of this section shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
5. a. As provided by section 5 of P.L.1999, c.34 (C.2A:62A-27), a place of public assembly, its owner and operator, and its employees and volunteers shall be immune from civil liability in association with the acquisition and use of a defibrillator in accordance with the provisions of this act.
b. In addition to the immunity described in subsection a. of this section, a place of public assembly, its owner and operator, and its employees and volunteers shall be immune from civil or criminal liability resulting from the malfunctioning of a defibrillator, if the defibrillator has been maintained and tested in accordance with the manufacturer's operational guidelines, as provided by subsection c. of section 3 of this act.
6. The Commissioner of Health shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act. Notwithstanding the provisions of section 3 of this act to the contrary, if the commissioner deems it appropriate, the rules and regulations adopted pursuant to this section may require the owner or operator of any place of public assembly, or the owners or operators of certain places of public assembly with high audience capacities, to maintain more than one automated external defibrillator on-site.
7. This act shall take effect on the first day of the third month next following enactment, except that the commissioner may take any anticipatory administrative action in advance thereof as may be necessary for the implementation of this act.
STATEMENT
This bill requires every place of public assembly in the State to maintain an automated external defibrillator (AED) on-site. The bill defines a "place of public assembly" to mean an indoor or outdoor facility, building, or other site, which has the capacity to accommodate large public assemblies of at least 1,000 people at a time, including, but not limited to, a stadium, ballpark, gymnasium, race track, field house, arena, civic center, or other similar facility used for the conduct of sporting events; and any concert hall, recital hall, theater, indoor or outdoor amphitheater, or other auditorium space used for the presentation of musical renditions or concerts. A "place of public assembly" would not include any hall owned by a church, religious organization, grange, public association, or free library.
The bill requires the owner or operator of each place of public assembly, within one year after the bill's effective date, to:
- acquire, and maintain on-site at the place of public assembly, at least one AED, which is to remain accessible at all times when the place of public assembly is open for business;
- store and maintain the AED in a central, unlocked location that is known and accessible to employees, and which is within reasonable proximity to the audience seating area;
- ensure that the AED is tested and maintained in accordance with the manufacturer's operational guidelines;
- provide notification to the appropriate first aid, ambulance, or rescue squad, or other appropriate emergency medical services provider, regarding the acquisition of the AED, its type, and its location within the place of public assembly; and
- mark the location of the AED with a prominent sign.
A violation of the requirements of the bill will be punishable by a civil penalty of not less than $250 for a first violation, not less than $500 for a second violation, and not less than $1,000 for a third or subsequent violation.
Consistent with existing law in this area, the bill specifies that a place of public assembly, its owner and operator, and its employees and volunteers will be immune from civil liability in association with the acquisition and use of an AED in accordance with the bill's provisions, and will be immune from civil or criminal liability resulting from the malfunctioning of an AED, if the AED has been maintained and tested in accordance with the manufacturer's operational guidelines, as required under the bill.
The Commissioner of Health will be required to adopt rules and regulations to implement the bill's provisions, and the bill expressly authorizes the commissioner to require more than one AED be maintained at either all places of public assembly or at places of public assembly with high audience capacities, if the commissioner determines requiring such additional AEDs is appropriate.
