|
|
To amend sections 2305.235 and 3701.99 and to enact | 1 |
section 3701.851 of the Revised Code to require a | 2 |
health club to have an automated external | 3 |
defibrillator installed on the premises, to | 4 |
specify requirements for training and staffing | 5 |
with respect to the use of that automated external | 6 |
defibrillator, and to modify the immunity provided | 7 |
with respect to the use of an automated external | 8 |
defibrillator. | 9 |
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: | 13 |
(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: | 51 |
(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: | 61 |
(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; | 66 |
(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; | 135 |
(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 |