HOUSE DOCKET, NO. 763        FILED ON: 1/14/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1311

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Sean Garballey

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act requiring automatic external defibrillator devices in health clubs.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Sean Garballey

23rd Middlesex

1/14/2015

Louis L. Kafka

8th Norfolk

9/17/2019

Marjorie C. Decker

25th Middlesex

9/17/2019

John C. Velis

4th Hampden

9/17/2019

Alice Hanlon Peisch

14th Norfolk

9/17/2019

Ryan C. Fattman

Worcester and Norfolk

9/17/2019

Elizabeth A. Poirier

14th Bristol

9/17/2019

Angelo M. Scaccia

14th Suffolk

9/17/2019

Walter F. Timilty

7th Norfolk

9/17/2019

Jennifer E. Benson

37th Middlesex

2/3/2015

Paul Brodeur

32nd Middlesex

9/17/2019

Brian M. Ashe

2nd Hampden

9/17/2019

Josh S. Cutler

6th Plymouth

9/17/2019

Jonathan D. Zlotnik

2nd Worcester

9/17/2019

Tricia Farley-Bouvier

3rd Berkshire

9/17/2019

Gailanne M. Cariddi

1st Berkshire

9/17/2019

James M. Cantwell

4th Plymouth

9/17/2019

Stephen L. DiNatale

3rd Worcester

9/17/2019

Jay D. Livingstone

8th Suffolk

9/17/2019

Chris Walsh

6th Middlesex

9/17/2019

Kenneth I. Gordon

21st Middlesex

9/17/2019

Christine P. Barber

34th Middlesex

9/17/2019

James J. Dwyer

30th Middlesex

9/17/2019

Paul J. Donato

35th Middlesex

9/17/2019

Carolyn C. Dykema

8th Middlesex

9/17/2019

Mary S. Keefe

15th Worcester

9/17/2019

Ruth B. Balser

12th Middlesex

9/17/2019

Carmine L. Gentile

13th Middlesex

9/17/2019

John H. Rogers

12th Norfolk

9/17/2019

Harold P. Naughton, Jr.

12th Worcester

9/17/2019

Frank A. Moran

17th Essex

9/17/2019

Jonathan Hecht

29th Middlesex

9/17/2019

John J. Lawn, Jr.

10th Middlesex

9/17/2019

Benjamin Swan

11th Hampden

9/17/2019

Kay Khan

11th Middlesex

9/17/2019

Michael O. Moore

Second Worcester

9/17/2019

Timothy J. Toomey, Jr.

26th Middlesex

9/17/2019

Bruce J. Ayers

1st Norfolk

9/17/2019


HOUSE DOCKET, NO. 763        FILED ON: 1/14/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1311

By Mr. Garballey of Arlington, a petition (accompanied by bill, House, No. 1311) of Sean Garballey and others relative to health clubs and the use and deployment of defibrillators.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act requiring automatic external defibrillator devices in health clubs.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 78 of chapter 93 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 1, the words “section seventy-nine to eighty-eight” and inserting in place thereof the following words:- sections 78A to 88.

SECTION 2. Said chapter 93 is hereby further amended by inserting after section 78, as so appearing, the following section:-

Section 78A. A health club shall have on the premises at least 1 AED, as defined in section 12V½ of chapter 112, and shall have in attendance during staffed business hours at least 1 employee or authorized volunteer as an AED provider, as defined in said section 12V½ of said chapter 112.

Section 78B. A health club shall have a written emergency response policies and procedures, which shall be reviewed regularly and rehearsed. The written plan should be publicly available to all health club members.

Section 78C

The location of each AED shall have the following characteristics: secure and easily accessible; well marked, publicized, and known among trained staff; and near a communication line (telephone, radio, etc.) that may be used to contact backup, security, EMS, or 911.

SECTION 3. Section 86 of said chapter 93, as so appearing, is hereby amended by adding the following paragraph:-

Absent a showing of gross negligence or willful or wanton misconduct, no cause of action against a health club or its employees may arise in connection with the use or non-use of a defibrillator.

SECTION 4. Chapter 112 of the General Laws is hereby amended by striking out section 12V, as so appearing, and inserting in place thereof the following section:-

Section 12V. Any person, whose usual and regular duties do not include the provision of emergency medical care, and who, in good faith, attempts to render emergency care including, but not limited to, cardiopulmonary resuscitation or defibrillation, and does so without compensation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care.

SECTION 5. Sections 1 and 2 of this act shall not apply to a health club, as defined by section 78 of chapter 93 of the General Laws, if that health club employs 5 or fewer full-time equivalent employees, until 2 years after the effective date of this act. Sections 1 and 2 of this act shall not apply to a health club, as so defined by said section 78 of said chapter 93, if that health club employs more than 5 full-time equivalent employees, until 1 year after the effective date of this act. For the purposes of this section, the term “full-time equivalent employee” shall equal 40 labor hours per week.