Amendment #1 to H1462

Balser amendment to H1462

Ms. Balser of Newton moves to amend the bill substituting for the entire bill the following:

Chapter 94, Section 305D is amended by striking the existing Section and replacing with the following:

Section 305D. Each restaurant shall have on its premises, when food is being served, an employee trained in manual procedures approved by the department of public health to remove food so lodged in a person’s throat. The department of public health shall adopt regulations listing all approved manual procedures which it determines may be used effectively to remove food lodged in a person’s throat. Each such restaurant shall make adequate provisions for insurance to cover employees trained in rendering such assistance. Any person, or employee of any person who, in good faith, volunteers to remove or attempts to remove such food in an emergency shall not be liable for any civil damages as a result of any acts or omissions by such person or employee in rendering such emergency assistance.  Take-out only Restaurants, so-called, with no customer seating on the premises, shall not be subject to this section.