SB319 (2020) Detail

(New Title) requiring automated external defibrillators in certain facilities promoting health and wellness through a paid program of intended physical activity.


SB 319-FN - AS AMENDED BY THE SENATE

 

01/08/2020   2862s

2019 SESSION

19-1076

08/03

 

SENATE BILL 319-FN

 

AN ACT requiring automated external defibrillators in certain facilities promoting health and wellness through a paid program of intended physical activity.

 

SPONSORS: Sen. Bradley, Dist 3; Sen. Gray, Dist 6; Sen. Ward, Dist 8; Sen. Carson, Dist 14; Rep. Butler, Carr. 7; Rep. Major, Rock. 14

 

COMMITTEE: Health and Human Services

 

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AMENDED ANALYSIS

 

This bill requires all paid programs of intended physical activity to acquire and have on its premises at least one automated external defibrillator during the hours of operation to be placed in a decidedly visible and accessible location for both the general public and staff to use in the event it is needed.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/08/2020   2862s 19-1076

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT requiring automated external defibrillators in certain facilities promoting health and wellness through a paid program of intended physical activity.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Chapter; Public Access to Defibrillation in Facilities Promoting Health and Wellness.  Amend RSA by inserting after chapter 137-L the following new chapter:

CHAPTER 137-M

PUBLIC ACCESS TO DEFIBRILLATION IN FACILITIES

PROMOTING HEALTH AND WELLNESS

137-M:1  Purpose and Policy.

I.  The use of automated external defibrillators (AEDs) addresses an important public health problem in New Hampshire.  It is the intent of the legislature to encourage the use and availability of automated external defibrillators, along with training in the use of AEDs, for the purpose of saving the lives of people in cardiac arrest.

II.  This act requires all paid programs of intended physical activity to acquire and have on its premises at least one automated external defibrillator (AED) during the hours of operation, to be placed in a decidedly visible and accessible location for both the general public and staff to use in the event it is needed.

III.  This act applies to all health clubs, fitness centers, fitness studios, indoor and outdoor sport centers including for-profit and non-profit organizations or proprietors that instruct and offer physical activities for compensation in one form or another.  

137-M:2  Definitions.  In this chapter:

I.  “Facility” means a health club, fitness center, fitness studio, indoor or outdoor sports centers, hotel or motel fitness center.

II.  “Fitness center” means an establishment which offers membership to utilize its fitness equipment and facilities in both a supervised and unsupervised environment.

III.  “Fitness studio” means an establishment which offers structured physical activity and programing or fitness/personal training.

IV.  “Health club” means an establishment which provides services or facilities which purport to improve or maintain the user's physical condition or appearance through weight control, exercise, dieting, or a combination of these.  “Health club” includes, but is not limited to, establishments referred to by such terms as reducing salon, spa, exercise club, exercise gym, health studio, health club, weight control center, martial arts studio and any other commercial or non-profit establishment offering a similar course of physical training.

V.  “Hotel or motel” means an establishment which holds itself out to the public by offering sleeping accommodations for rent, whether or not the major portion of its operating receipts is derived from sleeping accommodations, and sells memberships to individuals who are not guests of the hotel or motel for use of their facility, equipment, swimming pool, etc.

VI.  “Indoor or outdoor sports centers” mean athletic fields, swimming pools or sports courts are rented to the general public or to sports organizations for a period of time or where owners or sports organizations conduct playing or training time.

VII.  “Paid program of physical activity” means all venues, institutions and facilities, for-profit and non-profit, which receive monetary or other forms of compensation from participants.

137-M:3  Administration.

I.  Each facility shall maintain on its premises at least one AED, deployed in such a manner that provides obvious and ready accessibility to customers, clients, staff, members, and guests.

II.  Absent a showing of gross negligence or willful or wanton misconduct, no cause of action against a health club or facility owner of an AED or an employee of such health club or facility may arise in connection with the use or nonuse of a defibrillator.

III.  Persons who acquire AEDs as required by this section, shall comply with regular maintenance and testing of the device according to the guidelines published by the AED manufacturer.

2  Effective Date.  This act shall take effect July 1, 2021.

 

LBAO

19-1076

Amended 2/28/20

 

SB 319-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2019-2862s)

 

AN ACT requiring automated external defibrillators in certain facilities promoting health and wellness through a paid program of intended physical activity.

 

FISCAL IMPACT:      [    ] State              [    ] County               [    ] Local              [ X ] None

 

 

METHODOLOGY:

The Departments of Health and Human Services and Justice state this bill will have no fiscal impact.  

 

AGENCIES CONTACTED:

Departments of Health and Human Services and Justice

 

Links

SB319 at GenCourtMobile
SB319 Discussion

Action Dates

Date Body Type
Feb. 7, 2019 Senate Hearing
Senate Floor Vote
Jan. 8, 2020 Senate Floor Vote

Bill Text Revisions

SB319 Revision: 7897 Date: March 3, 2020, 9:51 a.m.
SB319 Revision: 7582 Date: Feb. 12, 2019, 11:15 a.m.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Health and Human Services; SJ 4
Feb. 7, 2019 Hearing: 02/07/2019, Room 101, LOB, 01:00 pm; SC 9
March 14, 2019 Committee Report: Rereferred to Committee, 03/14/2019; Vote 5-0; CC; SC 13
March 14, 2019 Rereferred to Committee, MA, VV; 03/14/2019; SJ 8
Jan. 8, 2020 Committee Report: Ought to Pass with Amendment # 2019-2862s, 01/08/2020; Vote 5-0; CC; SC 47
Committee Report: Ought to Pass with Amendment # 2019-2862s; Vote 5-0; CC
Jan. 8, 2020 Committee Amendment # 2019-2862s, AA, VV; 01/08/2020; SJ 1
Jan. 8, 2020 Ought to Pass with Amendment 2019-2862s, MA, VV; OT3rdg; 01/08/2020; SJ 1
Jan. 9, 2020 Introduced 01/09/2020 and referred to Commerce and Consumer Affairs HJ 2 P. 59
June 30, 2020 Vacated and Laid on Table MA VV 06/30/2020