Bill > A4542

Introduced Session

This bill would require every place of public assembly in the State to maintain an automated external defibrillator (AED) on-site. The bill defines a "place of public assembly" to mean an indoor or outdoor facility, building, or other site, which has the capacity to accommodate large public assemblies of at least 1,000 people at a time, including, but not limited to, a stadium, ballpark, gymnasium, race track, field house, arena, civic center, or other similar facility used for the conduct of sporting events; and any concert hall, recital hall, theater, indoor or outdoor amphitheater, or other auditorium space used for the presentation of musical renditions or concerts. A "place of public assembly" would not include any hall owned by a church, religious organization, grange, public association, or free library. The bill would require the owner or operator of each place of public assembly, within one year after the bill's effective date, to: 1) acquire, and maintain on-site at the place of public assembly, at least one AED, which is to remain accessible at all times when the place of public assembly is open for business; 2) store and maintain the AED in a central, unlocked location that is known and accessible to employees, and which is within reasonable proximity to the audience seating area; 3) ensure that the AED is tested and maintained in accordance with the manufacturer's operational guidelines; 4) provide notification to the appropriate first aid, ambulance, or rescue squad or other appropriate emergency medical services provider regarding the acquisition of the AED, its type, and its location within the place of public assembly; 5) mark the location of the AED with a prominent sign and post a second prominent sign, at the front entrance to the place of public assembly, notifying visitors and clientele about the availability the AED, and its location; 6) arrange and pay for the training of employees and volunteers in cardio-pulmonary resuscitation and AED use; 7) ensure, during the hours when a public or private event or activity is taking place at the place of public assembly, that at least one employee or volunteer who has current certifications from the American Red Cross, American Heart Association, or other training program recognized by the Department of Health, in cardio-pulmonary resuscitation and the AED use, is on-site and available to respond to any cardiac event; and 8) ensure that an employee requests emergency medical assistance from the appropriate first aid, ambulance, or rescue squad as soon as practicable after the AED is used in response to a cardiac event. The owner or operator of each place of public assembly will additionally be required to develop and implement a cardiac event response protocol, which is to identify the primary and contingency procedures to be used by employees in responding to a sudden cardiac event at the place of public assembly and the particular employees, or types of employees, who will be responsible for retrieving and using the AED, starting cardio-pulmonary resuscitation, calling 911, and assisting emergency responders in reaching the individual who is experiencing the sudden cardiac event. Any person who violates the bill's requirements would be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and not less than $1,000 for the third and each subsequent violation. In accordance with existing law in this area, the bill would specify that a place of public assembly, its owner and operator, and its employees and volunteers will be immune from civil liability in association with the acquisition and use of an AED in accordance with the bill's provisions. In addition, a place of public assembly, its owner and operator, and its employees and volunteers will be immune from civil or criminal liability resulting from the malfunctioning of an AED if the AED has been maintained and tested in accordance with the manufacturer's operational guidelines, as required by the bill. The Commissioner of Health would be required to adopt rules and regulations to implement the bill's provisions, and the bill would expressly authorize the commissioner to establish more stringent AED requirements, either in relation to all places of public assembly, or in relation to certain places of public assembly with high audience capacities, if more stringent requirements regarding the number of AEDs or the number of certified on-site staff are deemed thereby to be appropriate to facilitate the bill's purposes.

AI Summary

Committee Categories

Joe Danielsen (D)*,  Angelica Jimenez (D)*,  Vicky Flynn (R), 

Introduced, Referred to Assembly Community Development and Affairs Committee (on 09/22/2022)

Official Document