2018 -- S 2698

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LC005103

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY

     

     Introduced By: Senators Felag, Lombardo, and Cote

     Date Introduced: March 20, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 9-1-34 of the General Laws in Chapter 9-1 entitled "Causes of

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Action" is hereby amended to read as follows:

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     9-1-34. Administering cardiopulmonary resuscitation or automated external

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defibrillation -- Immunity from liability.

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     (a) No person, whether acting in an official capacity or as a private volunteer, who

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gratuitously renders emergency assistance in the nature of cardiopulmonary resuscitation or

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automated external defibrillation to a person in need thereof, shall be liable for civil damages for

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any personal injuries which result from acts or omissions by such persons rendering the

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emergency care, which may constitute ordinary negligence.; provided, however, that this

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immunity applies only to persons who have been trained in accordance with standards

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promulgated by either the American heart association or the American national red cross. This

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immunity does not apply to acts or omissions constituting gross, willful, or wanton negligence.

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This immunity shall also extend to persons providing approved training in cardiopulmonary

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resuscitation and use of automated external defibrillation in accordance with standards

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promulgated by either the American heart association or the American national red cross and to

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physicians providing medical direction oversight for programs of automated external defibrillator

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use.

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     (b) Property lessees and owners where the emergency assistance occurs as well as the

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owners of the actual life saving equipment shall enjoy immunity from liability. This immunity

 

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does not apply to acts or omissions constituting gross, willful or wanton negligence.

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     SECTION 2. Section 16-21-33.1 of the General Laws in Chapter 16-21 entitled "Health

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and Safety of Pupils" is hereby amended to read as follows:

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     16-21-33.1. Automatic external defibrillators.

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     (a) Legislative findings:

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     (1) Approximately three hundred twenty-five thousand (325,000) Americans suffer

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sudden cardiac arrest ("SCA") each year and more than ninety-five percent (95%) of them die

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before reaching the hospital;

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     (2) In the population of Rhode Island, an estimated one thousand (1,000) residents will

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die of cardiac arrest every year;

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     (3) No official statistics have been gathered about SCA in children, however experts

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estimate about three hundred (300) deaths because of SCA every year for people under the age of

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twenty-one (21) or about one tenth of one percent (.001%);

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     (4) This means that at least one person under the age of twenty-one (21) years, most

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likely a student, will die due to athletics related SCA every year in Rhode Island;

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     (5) If defibrillation is performed within five (5) to seven (7) minutes, chances of survival

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are increased by forty-nine percent (49%). Every minute that goes by without defibrillation

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reduces the chance of survival by seven percent (7%) to ten percent (10%);

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     (6) Automated external defibrillators (AEDs) are extremely accurate computerized

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devices that can be operated by the average person;

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     (7) AEDs are inexpensive and grants for AEDs are mostly given to nonprofit

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organizations, such as schools; and

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     (8) AEDs can be acquired through grants from various organizations or through

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government agencies.

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     (b) All high schools and middle schools, whether they are public or privately run, shall

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provide and maintain on-site functional automated external defibrillators (AEDs) in quantities

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and types, deemed by the commissioner of education, in consultation with the director of health,

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to be adequate to ensure ready and appropriate access for use during emergencies. Whenever

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school facilities are used for school-sponsored or school-approved curricular or extracurricular

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activities, and whenever a school-sponsored athletic contest is held at any location, the school

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officials and administrators responsible for such school facility or athletic contest shall ensure the

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presence of at least one person who is properly trained in the operation and use of an AED. Such

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training may be conducted by qualified personnel, including, but not limited to, municipal fire

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and police department employees.

 

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     (c) Any person who uses and AED pursuant to this section shall be entitled to immunity

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from liability in accordance with § 9-1-34.

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     SECTION 3. Section 23-6.5-2 of the General Laws in Chapter 23-6.5 entitled

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"Automated External Defibrillators Required at Public Places" is hereby amended to read as

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follows:

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     23-6.5-2. Automated external defibrillators requirements.

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     (a) As used in this chapter, "public place" means an enclosed area capable of holding

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three hundred (300) people or more and to which the public is invited or in which the public is

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permitted, including, but not limited to: banks; bars; educational facilities; health-care facilities;

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laundromats; public transportation facilities; reception areas; restaurants; retail food production

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and marketing establishments; retail service establishments; retail stores; shopping malls; sports

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arenas; government offices; theaters; and waiting rooms. A private residence is not a "public

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place" unless it is used as a child-care, adult day-care, or health-care facility.

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     (b) Notwithstanding the provisions contained in §§ 5-50-12 or 16-21-33.1 relating to

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automated external defibrillators in health clubs and schools, any person who owns or operates a

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public place as defined in subsection (a) of this section shall provide and maintain:

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     (1) On-site, functional automated external defibrillators (AEDs) in quantities and types,

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deemed by the director of health, to be adequate to ensure ready and appropriate access for use

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during emergencies; and

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     (2) At least one person who is properly trained in the operation and use of an AED.

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Training required by this chapter may be conducted by qualified personnel, including, but not

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limited to, municipal fire and police department employees.

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     (c) Any person who uses an AED pursuant to this section shall be entitled to immunity

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from liability in accordance with § 9-1-34.

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     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY

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     This act would extend the immunity from liability for ordinary negligence to any person

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who uses an automated external defibrillator or performs cardiopulmonary resuscitation to a

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person in need thereof, and makes clear such immunity applies to defibrillator use in schools and

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other public places.

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     This act would take effect upon passage.

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