Bill Text: OH HB574 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To require a health club to have an automated external defibrillator installed on the premises, to specify requirements for training and staffing with respect to the use of that automated external defibrillator, and to modify the immunity provided with respect to the use of an automated external defibrillator.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-27 - To Health and Aging [HB574 Detail]

Download: Ohio-2013-HB574-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 574

Representative Anielski 

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A BILL

To amend sections 2305.235 and 3701.99 and to enact

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section 3701.851 of the Revised Code to require a

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health club to have an automated external

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defibrillator installed on the premises, to

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specify requirements for training and staffing

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with respect to the use of that automated external

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defibrillator, and to modify the immunity provided

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with respect to the use of an automated external

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defibrillator.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 2305.235 and 3701.99 be amended and	10
section 3701.851 of the Revised Code be enacted to read as	11
follows:	12

Sec. 2305.235.  (A) As used in this section:

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(1) "Automated external defibrillation" means the process of	14
applying a specialized defibrillator to a person in cardiac	15
arrest, allowing the defibrillator to interpret the cardiac	16
rhythm, and, if appropriate, delivering an electrical shock to the	17
heart to allow it to resume effective electrical activity.	18

(2) "Physician" has the same meaning as in section 4765.01 of	19
the Revised Code.	20

(B) Except in the case of willful or wanton misconduct or an	21
act or omission that constitutes gross negligence, no physician	22
shall be held liable in civil damages for injury, death, or loss	23
to person or property for providing a prescription for an	24
automated external defibrillator approved for use as a medical	25
device by the United States food and drug administration or	26
consulting with a person regarding the use and maintenance of a	27
defibrillator.	28

(C) Except in the case of willful or wanton misconduct or an	29
act or omission that constitutes gross negligence, no person shall	30
be held liable in civil damages for injury, death, or loss to	31
person or property for providing training in automated external	32
defibrillation and cardiopulmonary resuscitation.	33

(D) Except in the case of willful or wanton misconduct, or an	34
act or omission that constitutes gross negligence, or when there	35
is no good faith attempt to activate an emergency medical services	36
system in accordance with section 3701.85 of the Revised Code, no	37
person shall be held liable in civil damages for injury, death, or	38
loss to person or property, or held criminally liable, for	39
performing automated external defibrillation in good faith,	40
regardless of whether the person has obtained appropriate training	41
on how to perform automated external defibrillation or	42
successfully completed a course in cardiopulmonary resuscitation.	43

(E) Except in the case of willful or wanton misconduct or an	44
act or omission that constitutes gross negligence, no person who	45
owns, occupies, or manages a facility where an automated external	46
defibrillator is located shall be held liable in civil damages for	47
injury, death, or loss to person or property, or held criminally	48
liable in the event that the situation described in division (D)	49
of this section occurs in that facility.	50

Sec. 3701.851.  (A) As used in this section:

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(1) "Automated external defibrillation" has the same meaning	52
as in section 2305.235 of the Revised Code.	53

(2) "Automated external defibrillator" has the same meaning	54
as in section 3313.717 of the Revised Code.	55

(3)(a) "Health club" means an establishment that provides, as	56
its primary purpose, services or facilities that are purported to	57
assist patrons in physical exercise, weight control, or figure	58
development. "Health club" includes a fitness center, studio,	59
salon, or club.	60

(b) "Health club" does not include any of the following:

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(i) A hotel or motel that provides physical fitness equipment	62
or activities;	63

(ii) An organization solely offering training or facilities	64
for an individual sport;	65

(iii) A weight reduction center;

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(iv) A facility with a primary purpose of providing	67
rehabilitative or physical therapy services.	68

(4) "9-1-1 system" has the same meaning as in section 5507.01	69
of the Revised Code.	70

(B)(1) An owner, operator, or manager of a health club,	71
during the hours of operation in which staff are on duty, shall do	72
both of the following:	73

(a) Have installed on the premises of the health club an	74
automated external defibrillator in a manner that provides obvious	75
and ready accessibility to staff, members, and guests;	76

(b) Have at least one employee who is satisfactorily trained	77
in the usage of an automated external defibrillator,	78
cardiopulmonary resuscitation, and basic first aid during all	79
hours of operation in which staff are regularly on duty;	80

(c) If the health club is open for more than eight hours a	81
day, more than five days a week, and is more than six thousand	82
square feet in size, employ more than one employee who is trained	83
as described in division (B)(1)(b) of this section.	84

(2) For purposes of divisions (B)(1)(b) and (c) of this	85
section, a trained employee also may provide other services for	86
the owner, operator, or manager of the health club.	87

(C)(1) An owner, operator, or manager of a health club that	88
is open twenty-four hours a day and that does not have staff on	89
duty during all hours of operation shall do all of the following:	90

(a) Have the premises of the health club meet the applicable	91
requirements for emergency medical service accessibility;	92

(b) Have installed on the premises of the health club, in an	93
open and obvious location, a panic button to alert emergency	94
medical services in the case of an emergency;	95

(c) Have installed on the premises of the health club an	96
automated external defibrillator deployed in a manner that	97
provides obvious and ready accessibility to members and guests and	98
that has proper signage on the device that explains how to use the	99
device;	100

(d) Have installed on the premises of the health club, in an	101
open and obvious location, a telephone for the sole purpose of	102
allowing a person to access the 9-1-1 system in the case of an	103
emergency;	104

(e) Have installed in and around the premises of the health	105
club security devices to provide for constant monitoring of the	106
health club.	107

(2) No health club that is open twenty-four hours a day and	108
that does not have staff on duty during all hours of operation	109
shall be larger than six thousand square feet.	110

(D) An employee is considered to be satisfactorily trained	111
for purposes of division (B) of this section if the employee	112
successfully completes a course in automated external	113
defibrillation, cardiopulmonary resuscitation, and basic first aid	114
that is offered by the American red cross, the American heart	115
association, or an equivalent organization approved by the	116
director of health.	117

(E) No owner, operator, or manager of a health club shall	118
violate division (B) or (C) of this section.	119

Sec. 3701.99.  (A) Whoever violates division (C) of section	120
3701.23, division (C) of section 3701.232, division (C) of section	121
3701.24, division (B) of section 3701.25, division (I) of section	122
3701.262, division (D) of section 3701.263, or sections 3701.46 to	123
3701.55 of the Revised Code is guilty of a minor misdemeanor on a	124
first offense; on each subsequent offense, the person is guilty of	125
a misdemeanor of the fourth degree.	126

(B) Whoever violates section 3701.82 of the Revised Code is	127
guilty of a misdemeanor of the first degree.	128

(C) Whoever violates section 3701.352 or 3701.81 of the	129
Revised Code is guilty of a misdemeanor of the second degree.	130

(D) Whoever violates division (E) of section 3701.851 of the	131
Revised Code shall be fined as follows:	132

(1) For a first offense, not more than two hundred fifty	133
dollars;	134

(2) For a second offense, not more than five hundred dollars;

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(3) For a third or subsequent offense, not more than one	136
thousand dollars.	137

Section 2.  That existing sections 2305.235 and 3701.99 of	138
the Revised Code are hereby repealed.	139