Connecticut Seal

General Assembly

 

Substitute Bill No. 687

    February Session, 2008

*_____SB00687GAE___040808____*

AN ACT CONCERNING AUTOMATIC EXTERNAL DEFIBRILLATORS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 21a-223 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2009):

(a) Each individual place of business of each health club shall obtain a license from the Department of Consumer Protection prior to the sale of any health club contract. Application for such license shall be made on forms provided by the Commissioner of Consumer Protection and [said] the commissioner shall require as a condition to the issuance and renewal of any license obtained under this chapter (1) that the applicant provide for and maintain on the premises of the health club sanitary facilities; (2) that the applicant (A) (i) provide and maintain in a central location on the premises of the health club at least one automatic external defibrillator, as defined in section 19a-175, and (ii) make such central location known and available to employees of such health club, (B) ensure that at least one employee is on the premises of such health club during business hours who is trained in cardiopulmonary resuscitation and the use of an automatic external defibrillator in accordance with the standards set forth by the American Red Cross or American Heart Association, (C) maintain and test the automatic external defibrillator in accordance with the manufacturer's guidelines, and (D) promptly notify a local emergency medical services provider after each use of such automatic external defibrillator; (3) that the application be accompanied by (A) a license or renewal fee of two hundred dollars, (B) a list of the equipment and each service [which] that the applicant intends to have available for use by buyers during the year of operations following licensure or renewal, and (C) two copies of each health club contract [which] that the applicant is currently using or intends to use; and [(3)] (4) compliance with the requirements of [section] sections 19a-197 and 21a-226. Such licenses shall be renewed annually. The commissioner may impose a civil penalty of not more than three hundred dollars against any health club that continues to sell or offer for sale health club contracts for any location but fails to submit a license renewal and license renewal fee for such location not later than thirty days after such license's expiration date.

(b) No health club shall (1) engage in any act or practice [which] that is in violation of or contrary to the provisions of this chapter or any regulation adopted to carry out the provisions of this chapter, including the use of contracts [which] that do not conform to the requirements of this chapter, or (2) engage in conduct of a character likely to mislead, deceive or defraud the buyer, the public or the commissioner. The Commissioner of Consumer Protection may refuse to grant or renew a license to, or may suspend or revoke the license of, any health club which engages in any conduct prohibited by this chapter.

(c) If the commissioner refuses to grant or renew a license of any health club, the commissioner shall notify the applicant or licensee of the refusal, and of [his] the applicant's or licensee's right to request a hearing [within] not later than ten days [from] after the date of receipt of the notice of refusal. If the applicant or licensee requests a hearing within [ten days] such ten-day period, the commissioner shall give notice of the grounds for [his] the commissioner's refusal to grant or renew such license and shall conduct a hearing concerning such refusal in accordance with the provisions of chapter 54 concerning contested matters.

(d) The Attorney General, at the request of the Commissioner of Consumer Protection, [is authorized to] may apply in the name of the state of Connecticut to the Superior Court for an order temporarily or permanently restraining and enjoining any health club from operating in violation of any provision of this chapter.

Sec. 2. (NEW) (Effective January 1, 2009) (a) Not later than January 1, 2009, the athletic department of each institution of higher education shall develop and implement a policy consistent with this section concerning the availability and use of automatic external defibrillators during athletic activities and events.

(b) Each athletic department of an institution of higher education shall (1) (A) provide and maintain in a central location on the premises of the athletic department at least one automatic external defibrillator, as defined in section 19a-175 of the general statutes, and (B) make such central location known and available to employees and student-athletes of such athletic department, (2) ensure that at least one licensed athletic trainer is on the premises of such athletic department during hours of operation who is trained in cardiopulmonary resuscitation and the use of an automatic external defibrillator in accordance with the standards set forth by the American Red Cross or American Heart Association, (3) maintain and test the automatic external defibrillator in accordance with the manufacturer's guidelines, (4) promptly notify a local emergency medical services provider after each use of such automatic external defibrillator, and (5) comply with the requirements of section 19a-197 of the general statutes. As used in this section "the premises of the athletic department" means those premises that are used for a sport that involves physical contact between players as part of normal play, and may include, but need not be limited to, an athletic building or room, gymnasium, athletic field or stadium, or other venue used for athletics.

Sec. 3. Subsection (a) of section 52-557b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2009):

(a) A person licensed to practice medicine and surgery under the provisions of chapter 370 or dentistry under the provisions of section 20-106 or members of the same professions licensed to practice in any other state of the United States, a person licensed as a registered nurse under section 20-93 or 20-94 or certified as a licensed practical nurse under section 20-96 or 20-97, a medical technician or any person operating a cardiopulmonary resuscitator or an automatic external defibrillator, [or] a person trained in cardiopulmonary resuscitation or in the use of an automatic external defibrillator in accordance with the standards set forth by the American Red Cross or American Heart Association, who, voluntarily and gratuitously and other than in the ordinary course of such person's employment or practice, renders emergency medical or professional assistance to a person in need thereof, a person or entity providing, maintaining or using an automatic external defibrillator in accordance with section 21a-223, as amended by this act, or a person or entity providing, maintaining or using an automatic external defibrillator in accordance with section 2 of this act, shall not be liable to such person assisted for civil damages for any personal injuries which result from acts or omissions by such person in rendering the emergency care, which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross, wilful or wanton negligence. With respect to the use of an automatic external defibrillator, the immunity provided in this subsection shall only apply to acts or omissions involving the use of an automatic external defibrillator in the rendering of emergency care. Nothing in this subsection shall be construed to exempt paid or volunteer firefighters, police officers or emergency medical services personnel from completing training in cardiopulmonary resuscitation or in the use of an automatic external defibrillator in accordance with the standard set forth by the American Red Cross or American Heart Association. For the purposes of this subsection, "automatic external defibrillator" means a device that: (1) Is used to administer an electric shock through the chest wall to the heart; (2) contains internal decision-making electronics, microcomputers or special software that allows it to interpret physiologic signals, make medical diagnosis and, if necessary, apply therapy; (3) guides the user through the process of using the device by audible or visual prompts; and (4) does not require the user to employ any discretion or judgment in its use.

This act shall take effect as follows and shall amend the following sections:

Section 1

January 1, 2009

21a-223

Sec. 2

January 1, 2009

New section

Sec. 3

January 1, 2009

52-557b(a)

JUD

Joint Favorable Subst.

 

GAE

Joint Favorable