2019 -- S 0165

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LC000788

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY

     Introduced By: Senator Walter S. Felag

     Date Introduced: January 24, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

Action" is hereby amended to read as follows:

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

defibrillation -- Immunity from liability.

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

gratuitously renders emergency assistance in the nature of cardiopulmonary resuscitation or

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

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

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

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

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

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

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

resuscitation and use of automated external defibrillation in accordance with standards

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

physicians providing medical direction oversight for programs of automated external defibrillator

use.

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

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

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

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

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

     16-21-33.1. Automatic external defibrillators.

     (a) Legislative findings:

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

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

before reaching the hospital;

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

die of cardiac arrest every year;

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

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

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

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

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

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

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

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

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

devices that can be operated by the average person;

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

organizations, such as schools; and

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

government agencies.

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

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

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

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

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

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

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

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

training may be conducted by qualified personnel, including, but not 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

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

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

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

follows:

     23-6.5-2. Automated external defibrillators requirements.

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

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

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

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

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

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

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

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

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

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

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

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

during emergencies; and

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

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

limited to, municipal fire and police department employees.

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

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

     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

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

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

other public places.

     This act would take effect upon passage.

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