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H. B. No. 574 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend sections 2305.235 and 3701.99 and to enact
section 3701.851 of the Revised Code 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2305.235 and 3701.99 be amended and
section 3701.851 of the Revised Code be enacted to read as
follows:
Sec. 2305.235. (A) As used in this section:
(1) "Automated external defibrillation" means the process of
applying a specialized defibrillator to a person in cardiac
arrest, allowing the defibrillator to interpret the cardiac
rhythm, and, if appropriate, delivering an electrical shock to the
heart to allow it to resume effective electrical activity.
(2) "Physician" has the same meaning as in section 4765.01 of
the Revised Code.
(B) Except in the case of willful or wanton misconduct or an
act or omission that constitutes gross negligence, no physician
shall be held liable in civil damages for injury, death, or loss
to person or property for providing a prescription for an
automated external defibrillator approved for use as a medical
device by the United States food and drug administration or
consulting with a person regarding the use and maintenance of a
defibrillator.
(C) Except in the case of willful or wanton misconduct or an
act or omission that constitutes gross negligence, no person shall
be held liable in civil damages for injury, death, or loss to
person or property for providing training in automated external
defibrillation and cardiopulmonary resuscitation.
(D) Except in the case of willful or wanton misconduct, or an
act or omission that constitutes gross negligence, or when there
is no good faith attempt to activate an emergency medical services
system in accordance with section 3701.85 of the Revised Code, no
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,
regardless of whether the person has obtained appropriate training
on how to perform automated external defibrillation or
successfully completed a course in cardiopulmonary resuscitation.
(E) Except in the case of willful or wanton misconduct or an
act or omission that constitutes gross negligence, no person who
owns, occupies, or manages a facility where an automated external
defibrillator is located shall be held liable in civil damages for
injury, death, or loss to person or property, or held criminally
liable in the event that the situation described in division (D)
of this section occurs in that facility.
Sec. 3701.851. (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" has the same meaning
as in section 3313.717 of the Revised Code.
(3)(a) "Health club" means an establishment that provides, as
its primary purpose, services or facilities that are purported to
assist patrons in physical exercise, weight control, or figure
development. "Health club" includes a fitness center, studio,
salon, or club.
(b) "Health club" does not include any of the following:
(i) A hotel or motel that provides physical fitness equipment
or activities;
(ii) An organization solely offering training or facilities
for an individual sport;
(iii) A weight reduction center;
(iv) A facility with a primary purpose of providing
rehabilitative or physical therapy services.
(4) "9-1-1 system" has the same meaning as in section 5507.01
of the Revised Code.
(B)(1) An owner, operator, or manager of a health club,
during the hours of operation in which staff are on duty, shall do
both of the following:
(a) Have installed on the premises of the health club an
automated external defibrillator in a manner that provides obvious
and ready accessibility to staff, members, and guests;
(b) Have at least one employee who is satisfactorily trained
in the usage of an automated external defibrillator,
cardiopulmonary resuscitation, and basic first aid during all
hours of operation in which staff are regularly on duty;
(c) If the health club is open for more than eight hours a
day, more than five days a week, and is more than six thousand
square feet in size, employ more than one employee who is trained
as described in division (B)(1)(b) of this section.
(2) For purposes of divisions (B)(1)(b) and (c) of this
section, a trained employee also may provide other services for
the owner, operator, or manager of the health club.
(C)(1) An owner, operator, or manager of a health club that
is open twenty-four hours a day and that does not have staff on
duty during all hours of operation shall do all of the following:
(a) Have the premises of the health club meet the applicable
requirements for emergency medical service accessibility;
(b) Have installed on the premises of the health club, in an
open and obvious location, a panic button to alert emergency
medical services in the case of an emergency;
(c) Have installed on the premises of the health club an
automated external defibrillator deployed in a manner that
provides obvious and ready accessibility to members and guests and
that has proper signage on the device that explains how to use the
device;
(d) Have installed on the premises of the health club, in an
open and obvious location, a telephone for the sole purpose of
allowing a person to access the 9-1-1 system in the case of an
emergency;
(e) Have installed in and around the premises of the health
club security devices to provide for constant monitoring of the
health club.
(2) No health club that is open twenty-four hours a day and
that does not have staff on duty during all hours of operation
shall be larger than six thousand square feet.
(D) An employee is considered to be satisfactorily trained
for purposes of division (B) of this section if the employee
successfully completes a course in automated external
defibrillation, cardiopulmonary resuscitation, and basic first aid
that is offered by the American red cross, the American heart
association, or an equivalent organization approved by the
director of health.
(E) No owner, operator, or manager of a health club shall
violate division (B) or (C) of this section.
Sec. 3701.99. (A) Whoever violates division (C) of section
3701.23, division (C) of section 3701.232, division (C) of section
3701.24, division (B) of section 3701.25, division (I) of section
3701.262, division (D) of section 3701.263, or sections 3701.46 to
3701.55 of the Revised Code is guilty of a minor misdemeanor on a
first offense; on each subsequent offense, the person is guilty of
a misdemeanor of the fourth degree.
(B) Whoever violates section 3701.82 of the Revised Code is
guilty of a misdemeanor of the first degree.
(C) Whoever violates section 3701.352 or 3701.81 of the
Revised Code is guilty of a misdemeanor of the second degree.
(D) Whoever violates division (E) of section 3701.851 of the
Revised Code shall be fined as follows:
(1) For a first offense, not more than two hundred fifty
dollars;
(2) For a second offense, not more than five hundred dollars;
(3) For a third or subsequent offense, not more than one
thousand dollars.
Section 2. That existing sections 2305.235 and 3701.99 of
the Revised Code are hereby repealed.
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