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To enact section 3731.25 of the Revised Code to | 1 |
provide qualified civil and criminal immunity to | 2 |
an owner or employee of a hotel or SRO facility or | 3 |
another person who performs automated external | 4 |
defibrillation in good faith at the hotel or | 5 |
facility if the owner places an automated external | 6 |
defibrillator within the hotel or facility, | 7 |
requires at least one employee to successfully | 8 |
complete a course in automated external | 9 |
defibrillation and cardiopulmonary resuscitation, | 10 |
maintains certain records, and complies with other | 11 |
conditions. | 12 |
Section 1. That section 3731.25 of the Revised Code be | 13 |
enacted to read as follows: | 14 |
Sec. 3731.25. (A) As used in this section: | 15 |
(1) "Automated external defibrillation" has the same meaning | 16 |
as in section 2305.235 of the Revised Code. | 17 |
(2) "Automated external defibrillator" means a specialized | 18 |
defibrillator that is approved for use as a medical device by the | 19 |
United States food and drug administration for performing | 20 |
automated external defibrillation. | 21 |
(3) "Employee" means any person employed by a hotel or SRO | 22 |
facility. | 23 |
(B) Subject to division (C) of this section, except in the | 24 |
case of willful or wanton misconduct or if there is no good faith | 25 |
attempt to activate an emergency medical services system in | 26 |
accordance with section 3701.85 of the Revised Code, no owner or | 27 |
employee of a hotel or SRO facility and no other person shall be | 28 |
held liable in civil damages for injury, death, or loss to person | 29 |
or property, or held criminally liable, for performing automated | 30 |
external defibrillation in good faith at the hotel or SRO | 31 |
facility, regardless of whether that owner, employee, or other | 32 |
person has successfully completed a course in automated external | 33 |
defibrillation and cardiopulmonary resuscitation. | 34 |
(C) The qualified immunity provided in division (B) of this | 35 |
section applies to any owner or employee of a hotel or SRO | 36 |
facility or to any other person only if the owner of the hotel or | 37 |
facility does all of the following: | 38 |
(1) Places at least one automated external defibrillator | 39 |
within the hotel or SRO facility; | 40 |
(2) Requires at least one employee to successfully complete a | 41 |
course in automated external defibrillation and cardiopulmonary | 42 |
resuscitation that is offered or approved by the American heart | 43 |
association or American red cross; | 44 |
(3) Ensures that an employee who has successfully completed | 45 |
the course described in division (C)(2) of this section be present | 46 |
at the hotel or SRO facility for at least one day a week; | 47 |
(4) Makes the course described in division (C)(2) of this | 48 |
section available to any employee at least once every twelve-month | 49 |
period; | 50 |
(5) At the place within the hotel or SRO facility where the | 51 |
automated external defibrillator is located, posts a record of the | 52 |
name of each employee who has successfully completed the course | 53 |
described in division (C)(2) of this section, the date when that | 54 |
course was successfully completed, and the name of the | 55 |
organization that offered the course; | 56 |
(6) Informs all of the employees of the location of the | 57 |
automated external defibrillator within the hotel or SRO facility; | 58 |
(7) Maintains and tests the automated external defibrillator | 59 |
according to the manufacturer's guidelines; | 60 |
(8) Maintains all of the following records at the hotel or | 61 |
SRO facility: | 62 |
(a) The record described in division (C)(5) of this section; | 63 |
(b) A record of the name of each employee who has | 64 |
successfully completed the course described in division (C)(2) of | 65 |
this section and is present at the hotel or SRO facility for at | 66 |
least one day a week; | 67 |
(c) A record of the date when the owner of the hotel or SRO | 68 |
facility informed all of the employees of the location of the | 69 |
automated external defibrillator within the hotel or facility; | 70 |
(d) A record of the dates when the automated external | 71 |
defibrillator was maintained or tested as provided in division | 72 |
(C)(7) of this section; | 73 |
(e) A record of the dates when the automated external | 74 |
defibrillator was repaired due to any malfunction and the nature | 75 |
of the malfunction. | 76 |
Section 2. (A) As used in this section: | 77 |
(1) "Automated external defibrillator" has the same meaning | 78 |
as in section 3731.25 of the Revised Code. | 79 |
(2) "Hotel" and "SRO facility" have the same meanings as in | 80 |
section 3731.01 of the Revised Code. | 81 |
(B) It is not the intent of the General Assembly in enacting | 82 |
section 3731.25 of the Revised Code to require hotels and SRO | 83 |
facilities to place automated external defibrillators on their | 84 |
premises. It is the intent of the General Assembly in enacting | 85 |
section 3731.25 of the Revised Code to encourage and increase the | 86 |
use of automated external defibrillators in hotels and SRO | 87 |
facilities to promote public safety. | 88 |