Bill Text: OH HB226 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To provide qualified civil and criminal immunity to an owner or employee of a hotel or SRO facility or another person who performs automated external defibrillation in good faith at the hotel or facility if the owner places an automated external defibrillator within the hotel or facility, requires at least one employee to successfully complete a course in automated external defibrillation and cardiopulmonary resuscitation, maintains certain records, and complies with other conditions.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Introduced - Dead) 2009-06-16 - To Civil & Commercial Law [HB226 Detail]

Download: Ohio-2009-HB226-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 226

Representatives Heard, Letson 

Cosponsors: Representatives Weddington, Hagan, Ujvagi, Luckie, Winburn, Harwood, Chandler, Stebelton, Domenick, Lehner, Yuko 

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A BILL

To enact section 3731.25 of the Revised Code to

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provide qualified civil and criminal immunity to

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an owner or employee of a hotel or SRO facility or

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another person who performs automated external

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defibrillation in good faith at the hotel or

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facility if the owner places an automated external

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defibrillator within the hotel or facility,

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requires at least one employee to successfully

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complete a course in automated external

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defibrillation and cardiopulmonary resuscitation,

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maintains certain records, and complies with other

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conditions.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3731.25 of the Revised Code be	13
enacted to read as follows:	14

Sec. 3731.25. (A) As used in this section:

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(1) "Automated external defibrillation" has the same meaning	16
as in section 2305.235 of the Revised Code.	17

(2) "Automated external defibrillator" means a specialized	18
defibrillator that is approved for use as a medical device by the	19
United States food and drug administration for performing	20
automated external defibrillation.	21

(3) "Employee" means any person employed by a hotel or SRO	22
facility.	23

(B) Subject to division (C) of this section, except in the	24
case of willful or wanton misconduct or if there is no good faith	25
attempt to activate an emergency medical services system in	26
accordance with section 3701.85 of the Revised Code, no owner or	27
employee of a hotel or SRO facility and no other person shall be	28
held liable in civil damages for injury, death, or loss to person	29
or property, or held criminally liable, for performing automated	30
external defibrillation in good faith at the hotel or SRO	31
facility, regardless of whether that owner, employee, or other	32
person has successfully completed a course in automated external	33
defibrillation and cardiopulmonary resuscitation.	34

(C) The qualified immunity provided in division (B) of this	35
section applies to any owner or employee of a hotel or SRO	36
facility or to any other person only if the owner of the hotel or	37
facility does all of the following:	38

(1) Places at least one automated external defibrillator	39
within the hotel or SRO facility;	40

(2) Requires at least one employee to successfully complete a	41
course in automated external defibrillation and cardiopulmonary	42
resuscitation that is offered or approved by the American heart	43
association or American red cross;	44

(3) Ensures that an employee who has successfully completed	45
the course described in division (C)(2) of this section be present	46
at the hotel or SRO facility for at least one day a week;	47

(4) Makes the course described in division (C)(2) of this	48
section available to any employee at least once every twelve-month	49
period;	50

(5) At the place within the hotel or SRO facility where the	51
automated external defibrillator is located, posts a record of the	52
name of each employee who has successfully completed the course	53
described in division (C)(2) of this section, the date when that	54
course was successfully completed, and the name of the	55
organization that offered the course;	56

(6) Informs all of the employees of the location of the	57
automated external defibrillator within the hotel or SRO facility;	58

(7) Maintains and tests the automated external defibrillator	59
according to the manufacturer's guidelines;	60

(8) Maintains all of the following records at the hotel or	61
SRO facility:	62

(a) The record described in division (C)(5) of this section;

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(b) A record of the name of each employee who has	64
successfully completed the course described in division (C)(2) of	65
this section and is present at the hotel or SRO facility for at	66
least one day a week;	67

(c) A record of the date when the owner of the hotel or SRO	68
facility informed all of the employees of the location of the	69
automated external defibrillator within the hotel or facility;	70

(d) A record of the dates when the automated external	71
defibrillator was maintained or tested as provided in division	72
(C)(7) of this section;	73

(e) A record of the dates when the automated external	74
defibrillator was repaired due to any malfunction and the nature	75
of the malfunction.	76

Section 2.  (A) As used in this section:

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(1) "Automated external defibrillator" has the same meaning	78
as in section 3731.25 of the Revised Code.	79

(2) "Hotel" and "SRO facility" have the same meanings as in	80
section 3731.01 of the Revised Code.	81

(B) It is not the intent of the General Assembly in enacting	82
section 3731.25 of the Revised Code to require hotels and SRO	83
facilities to place automated external defibrillators on their	84
premises. It is the intent of the General Assembly in enacting	85
section 3731.25 of the Revised Code to encourage and increase the	86
use of automated external defibrillators in hotels and SRO	87
facilities to promote public safety.	88