State law requires that a person or entity that acquires a semiautomatic external defibrillator must ensure that:
A person who uses a defibrillator at the scene of an emergency is immune from civil liability for any personal injury that results from any act or omission in the use of the defibrillator in an emergency setting. However, immunity from civil liability does not apply if the acts or omissions amount to gross negligence or willful or wanton misconduct.
The owner of a fitness center must acquire and maintain at least one semiautomatic external defibrillator on premises. The fitness center must comply with existing statutory requirements including instruction of personnel on the use of the defibrillator, maintenance of the defibrillator, and notification of the local emergency medical services organization about the location of the defibrillator.
An employee of a fitness center who has completed the required instruction on the use of the defibrillator may render emergency care or treatment on the fitness center premises. A person who uses a defibrillator at the scene of an emergency is immune from civil liability.
Subject to appropriation, the Department of Commerce must establish a grant program to assist fitness centers with acquiring and maintaining a defibrillator.
For the purposes of this act, a fitness center is defined as any premises used for recreation, instruction, training, physical exercise, body building, weight loss, figure development, martial arts, or other similar activity, that offers access on a membership basis. A fitness center does not include a school or institution of higher education, facilities operated by nonprofit organizations?the functions of which as fitness centers are only incidental to their overall functions, and private facilities operated out of a home that do not offer memberships.
PRO: Cardiac arrest remains a public health crisis. This bill is a first step to protecting people from heart trauma by providing access to care in an emergency situation. Time is critical during a cardiac event. Defibrillators and CPR can double chance of survival.