OLR Bill Analysis
AN ACT CONCERNING AUTOMATIC EXTERNAL DEFIBRILLATORS.
This bill requires licensed health clubs, as a condition of licensure, and athletic departments of institutions of higher education to provide and maintain at least one automatic external defibrillator (AED) on their premises in a central location known and available to employees and student-athletes.
They must also:
1. ensure that at least one employee on the premises during their hours of operation (in the case of an athletic department, the person must be a licensed trainer) is trained in cardiopulmonary resuscitation and the use of AEDs in accordance with American Red Cross or American Heart Association standards,
2. follow the manufacturer's guidelines for maintaining and testing the AED,
3. promptly notify a local emergency medical services provider after each AED use, and
4. comply with the law requiring everyone having an AED to inform the Office of Emergency Medical Services of its location.
The bill extends civil immunity from liability to people or entities providing, maintaining, or using an AED under the bill's provisions for personal injuries resulting from acts or omissions involving its use to render emergency care. The immunity does not extend to acts or omissions constituting gross, willful, or wanton negligence.
EFFECTIVE DATE: January 1, 2009
ATHLETIC DEPARTMENTS OF INSTITUTIONS OF HIGHER EDUCATION
By January 1, 2009, the bill directs the athletic departments of institutions of higher education to develop and implement policies concerning the availability and use of AEDs during athletic activities. The policies must be consistent with the bill's provisions.
Under the bill, the premises of an athletic department are those premises used for a sport that involves physical contact between players as a part of normal play, including athletic buildings or rooms, gymnasiums, athletic fields or stadiums, or other venues used for athletics.
Automatic External Defibrillators
AEDs are defined by law as devices that:
1. are used to administer an electric shock through the chest wall to the heart;
2. contain internal decision-making electronics, microcomputers, or special software that allow them to interpret physiologic signals, make a medical diagnosis, and, if necessary, apply therapy;
3. guide users through the process of using the device by audible or visual prompts; and
4. do not require users to employ any discretion or judgment.
Health Club Licensing
The law requires each health club location to obtain a license from the Department of Consumer Protection (DCP). The DCP commissioner may, after notice and opportunity for a hearing, refuse to grant or renew, suspend, or revoke the license of a club that engages in conduct prohibited by the health club licensing law.
sHB 5503, favorably reported by the General Law Committee, requires health clubs to provide and maintain AEDs. HB 5701, reported by the Public Health Committee, eliminates the law requiring everyone having an AED to inform the Office of Emergency Medical Services of its location.
Joint Favorable Substitute