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H. B. No. 226 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Heard, Letson
Cosponsors:
Representatives Weddington, Hagan, Ujvagi, Luckie, Winburn, Harwood, Chandler, Stebelton, Domenick, Lehner, Yuko
A BILL
To enact section 3731.25 of the Revised Code to
provide qualified civil and criminal immunity to
an owner or employee of a hotel or SRO facility or
another person who performs automated external
defibrillation in good faith at the hotel or
facility if the owner places an automated external
defibrillator within the hotel or facility,
requires at least one employee to successfully
complete a course in automated external
defibrillation and cardiopulmonary resuscitation,
maintains certain records, and complies with other
conditions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3731.25 of the Revised Code be
enacted to read as follows:
Sec. 3731.25. (A) As used in this section:
(1) "Automated external defibrillation" has the same meaning
as in section 2305.235 of the Revised Code.
(2) "Automated external defibrillator" means a specialized
defibrillator that is approved for use as a medical device by the
United States food and drug administration for performing
automated external defibrillation.
(3) "Employee" means any person employed by a hotel or SRO
facility.
(B) Subject to division (C) of this section, except in the
case of willful or wanton misconduct or if there is no good faith
attempt to activate an emergency medical services system in
accordance with section 3701.85 of the Revised Code, no owner or
employee of a hotel or SRO facility and no other person shall be
held liable in civil damages for injury, death, or loss to person
or property, or held criminally liable, for performing automated
external defibrillation in good faith at the hotel or SRO
facility, regardless of whether that owner, employee, or other
person has successfully completed a course in automated external
defibrillation and cardiopulmonary resuscitation.
(C) The qualified immunity provided in division (B) of this
section applies to any owner or employee of a hotel or SRO
facility or to any other person only if the owner of the hotel or
facility does all of the following:
(1) Places at least one automated external defibrillator
within the hotel or SRO facility;
(2) Requires at least one employee to successfully complete a
course in automated external defibrillation and cardiopulmonary
resuscitation that is offered or approved by the American heart
association or American red cross;
(3) Ensures that an employee who has successfully completed
the course described in division (C)(2) of this section be present
at the hotel or SRO facility for at least one day a week;
(4) Makes the course described in division (C)(2) of this
section available to any employee at least once every twelve-month
period;
(5) At the place within the hotel or SRO facility where the
automated external defibrillator is located, posts a record of the
name of each employee who has successfully completed the course
described in division (C)(2) of this section, the date when that
course was successfully completed, and the name of the
organization that offered the course;
(6) Informs all of the employees of the location of the
automated external defibrillator within the hotel or SRO facility;
(7) Maintains and tests the automated external defibrillator
according to the manufacturer's guidelines;
(8) Maintains all of the following records at the hotel or
SRO facility:
(a) The record described in division (C)(5) of this section;
(b) A record of the name of each employee who has
successfully completed the course described in division (C)(2) of
this section and is present at the hotel or SRO facility for at
least one day a week;
(c) A record of the date when the owner of the hotel or SRO
facility informed all of the employees of the location of the
automated external defibrillator within the hotel or facility;
(d) A record of the dates when the automated external
defibrillator was maintained or tested as provided in division
(C)(7) of this section;
(e) A record of the dates when the automated external
defibrillator was repaired due to any malfunction and the nature
of the malfunction.
Section 2. (A) As used in this section:
(1) "Automated external defibrillator" has the same meaning
as in section 3731.25 of the Revised Code.
(2) "Hotel" and "SRO facility" have the same meanings as in
section 3731.01 of the Revised Code.
(B) It is not the intent of the General Assembly in enacting
section 3731.25 of the Revised Code to require hotels and SRO
facilities to place automated external defibrillators on their
premises. It is the intent of the General Assembly in enacting
section 3731.25 of the Revised Code to encourage and increase the
use of automated external defibrillators in hotels and SRO
facilities to promote public safety.
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