LCO No. 4172 1 of 11
General Assembly Committee Bill No. 6146
January Session, 2019
LCO No. 4172
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING TH E EXPANSION OF CERTIFICATION
COURSES IN CARDIOPUL MONARY RESUSCITATION AND
EDUCATION AND TRAINI NG COURSES IN THE USE OF AUTOMATIC
EXTERNAL DEFIBRILLAT ORS AND THE ADMINIST RATION OF FIRST
AID.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 19a-113a of the general statutes is repealed and 1
the following is substituted in lieu thereof (Effective October 1, 2019): 2
The Commissioner of Public Health shall adopt regulations, in 3
accordance with chapter 54, requiring that persons who are employed 4
as lifeguards shall be certified in cardiopulmonary resuscitation by 5
[the American Heart Association, the American Red Cross or the 6
American Safety and Health Institute] any organization approved by 7
the Department of Public Health. 8
Sec. 2. Section 19a-197b of the general statutes is repealed and the 9
following is substituted in lieu thereof (Effective October 1, 2019): 10
A paid or volunteer firefighter or police officer, a member of a ski 11
patrol, a lifeguard, a conservation officer, patrol officer or special 12
Committee Bill No. 6146
LCO No. 4172 2 of 11
police officer of the Department of Energy and Environmental 13
Protection or emergency medical service personnel who has been 14
trained in the use of an automatic external defibrillator in accordance 15
with the standards set forth by [the American Red Cross or American 16
Heart Association] any organization approved by the Department of 17
Public Health shall not be subject to additional requirements, except 18
recertification requirements, in order to use an automatic external 19
defibrillator. 20
Sec. 3. Section 52-557b of the general statutes is repealed and the 21
following is substituted in lieu thereof (Effective October 1, 2019): 22
(a) A person licensed to practice medicine and surgery under the 23
provisions of chapter 370 or dentistry under the provisions of section 24
20-106 or members of the same professions licensed to practice in any 25
other state of the United States, a person licensed as a registered nurse 26
under section 20-93 or 20-94 or certified as a licensed practical nurse 27
under section 20-96 or 20-97, a medical technician or any person 28
operating a cardiopulmonary resuscitator or a person trained in 29
cardiopulmonary resuscitation in accordance with the guidelines set 30
forth by [the American Red Cross or American Heart Association] any 31
organization approved by the Department of Public Health, or a 32
person operating an automatic external defibrillator, who, voluntarily 33
and gratuitously and other than in the ordinary course of such person's 34
employment or practice, renders emergency medical or professional 35
assistance to a person in need thereof, shall not be liable to such person 36
assisted for civil damages for any personal injuries which result from 37
acts or omissions by such person in rendering the emergency care, 38
which may constitute ordinary negligence. A person or entity that 39
provides or maintains an automatic external defibrillator shall not be 40
liable for the acts or omissions of the person or entity in providing or 41
maintaining the automatic external defibrillator, which may constitute 42
ordinary negligence. The immunity provided in this subsection does 43
not apply to acts or omissions constituting gross, wilful or wanton 44
negligence. With respect to the use of an automatic external 45
Committee Bill No. 6146
LCO No. 4172 3 of 11
defibrillator, the immunity provided in this subsection shall only apply 46
to acts or omissions involving the use of an automatic external 47
defibrillator in the rendering of emergency care. Nothing in this 48
subsection shall be construed to exempt paid or volunteer firefighters, 49
police officers or emergency medical services personnel from 50
completing training in cardiopulmonary resuscitation or in the use of 51
an automatic external defibrillator in accordance with the guidelines 52
set forth by [the American Red Cross or American Heart Association] 53
any organization approved by the Department of Public Health. For 54
the purposes of this subsection, "automatic external defibrillator" 55
means a device that: (1) Is used to administer an electric shock through 56
the chest wall to the heart; (2) contains internal decision-making 57
electronics, microcomputers or special software that allows it to 58
interpret physiologic signals, make medical diagnosis and, if 59
necessary, apply therapy; (3) guides the user through the process of 60
using the device by audible or visual prompts; and (4) does not require 61
the user to employ any discretion or judgment in its use. 62
(b) A paid or volunteer firefighter or police officer, a teacher or 63
other school personnel on the school grounds or in the school building 64
or at a school function, a member of a ski patrol, a lifeguard, a 65
conservation officer, patrol officer or special police officer of the 66
Department of Energy and Environmental Protection, or emergency 67
medical service personnel, who has completed a course in first aid 68
offered by [the American Red Cross, the American Heart Association, 69
the National Ski Patrol,] any organization approved by the 70
Department of Public Health, the Department of Public Health or any 71
director of health, as certified by the agency or director of health 72
offering the course, and who renders emergency first aid to a person in 73
need thereof, shall not be liable to such person assisted for civil 74
damages for any personal injuries which result from acts or omissions 75
by such person in rendering the emergency first aid, which may 76
constitute ordinary negligence. No paid or volunteer firefighter, police 77
officer or emergency medical service personnel who forcibly enters the 78
residence of any person in order to render emergency first aid to a 79
Committee Bill No. 6146
LCO No. 4172 4 of 11
person whom such firefighter, police officer or emergency medical 80
service personnel reasonably believes to be in need thereof shall be 81
liable to such person for civil damages incurred as a result of such 82
entry. The immunity provided in this subsection does not apply to acts 83
or omissions constituting gross, wilful or wanton negligence. 84
(c) An employee of a railroad company, including any company 85
operating a commuter rail line, who has successfully completed a 86
course in first aid, offered by [the American Red Cross, the American 87
Heart Association, the National Ski Patrol,] any organization approved 88
by the Department of Public Health, the Department of Public Health 89
or any director of health, as certified by the agency or director of health 90
offering the course, and who renders emergency first aid or 91
cardiopulmonary resuscitation to a person in need thereof, shall not be 92
liable to such person assisted for civil damages for any personal injury 93
or death which results from acts or omissions by such employee in 94
rendering the emergency first aid or cardiopulmonary resuscitation 95
which may constitute ordinary negligence. The immunity provided in 96
this subsection does not apply to acts or omissions constituting gross, 97
wilful or wanton negligence. 98
(d) A railroad company, including any commuter rail line, which 99
provides emergency medical training or equipment to any employee 100
granted immunity pursuant to subsection (c) of this section shall not be 101
liable for civil damages for any injury sustained by a person or for the 102
death of a person which results from the company's acts or omissions 103
in providing such training or equipment or which results from acts or 104
omissions by such employee in rendering emergency first aid or 105
cardiopulmonary resuscitation, which may constitute ordinary 106
negligence. The immunity provided in this subsection does not apply 107
to acts or omissions constituting gross, wilful or wanton negligence. 108
(e) (1) For purposes of this subsection, "cartridge injector" means an 109
automatic prefilled cartridge injector or similar automatic injectable 110
equipment used to deliver epinephrine in a standard dose for 111
Committee Bill No. 6146
LCO No. 4172 5 of 11
emergency first aid response to allergic reactions. 112
(2) Any volunteer worker associated with, or any person employed 113
to work for, a program offered to children sixteen years of age or 114
younger by a corporation, other than a licensed health care provider, 115
that is exempt from federal income taxation under Section 501 of the 116
Internal Revenue Code of 1986, or any subsequent corresponding 117
internal revenue code of the United States, as from time to time 118
amended, who (A) has been trained in the use of a cartridge injector by 119
a licensed physician, physician assistant, advanced practice registered 120
nurse or registered nurse, (B) has obtained the consent of a parent or 121
legal guardian to use a cartridge injector on his or her child, and (C) 122
uses a cartridge injector on such child in apparent need thereof 123
participating in such program, shall not be liable to such child assisted 124
or to such child's parent or guardian for civil damages for any personal 125
injury or death which results from acts or omissions by such worker in 126
using a cartridge injector which may constitute ordinary negligence. 127
The immunity provided in this subsection does not apply to acts or 128
omissions constituting gross, wilful or wanton negligence. 129
(3) A corporation, other than a licensed health care provider, that is 130
exempt from federal income taxation under Section 501 of the Internal 131
Revenue Code of 1986, or any subsequent corresponding internal 132
revenue code of the United States, as from time to time amended, 133
which provides training in the use of cartridge injectors to any 134
volunteer worker granted immunity pursuant to subdivision (2) of this 135
subsection shall not be liable for civil damages for any injury sustained 136
by, or for the death of, a child sixteen years of age or younger who is 137
participating in a program offered by such corporation, which injury 138
or death results from acts or omissions by such worker in using a 139
cartridge injector, which may constitute ordinary negligence. The 140
immunity provided in this subsection does not apply to acts or 141
omissions constituting gross, wilful or wanton negligence. 142
(f) A teacher or other school personnel, on the school grounds or in 143
Committee Bill No. 6146
LCO No. 4172 6 of 11
the school building or at a school function, who has completed both a 144
course in first aid in accordance with subsection (b) of this section and 145
a course given by the medical advisor of the school or by a licensed 146
physician in the administration of medication by injection, who 147
renders emergency care by administration of medication by injection 148
to a person in need thereof, shall not be liable to the person assisted for 149
civil damages for any injuries which result from acts or omissions by 150
the person in rendering the emergency care of administration of 151
medication by injection, which may constitute ordinary negligence. 152
The immunity provided in this subsection does not apply to acts or 153
omissions constituting gross, wilful or wanton negligence. 154
(g) The provisions of this section shall not be construed to require 155
any teacher or other school personnel to render emergency first aid or 156
administer medication by injection. 157
(h) Any person who has completed a course in first aid offered by 158
[the American Red Cross, the American Heart Association, the 159
National Ski Patrol,] any organization approved by the Department of 160
Public Health, the Department of Public Health or any director of 161
health, as certified by the agency or director of health offering the 162
course, or has been trained in the use of a cartridge injector by a 163
licensed physician, physician assistant, advanced practice registered 164
nurse or registered nurse, and who, voluntarily and gratuitously and 165
other than in the ordinary course of such person's employment or 166
practice, renders emergency assistance by using a cartridge injector on 167
another person in need thereof, or any person who is an identified staff 168
member of a before or after school program, day camp or child care 169
facility, as defined in section 19a-900, and who renders emergency 170
assistance by using a cartridge injector on another person in need 171
thereof, shall not be liable to such person assisted for civil damages for 172
any personal injuries which result from acts or omissions by such 173
person in using a cartridge injector, which may constitute ordinary 174
negligence. The immunity provided in this subsection does not apply 175
to acts or omissions constituting gross, wilful or wanton negligence. 176
Committee Bill No. 6146
LCO No. 4172 7 of 11
For the purposes of this subsection, "cartridge injector" has the same 177
meaning as provided in subdivision (1) of subsection (e) of this section. 178
(i) A school bus driver, on or in the immediate vicinity of a school 179
bus during the provision of school transportation services, who 180
renders emergency care by administration of medication with a 181
cartridge injector to a student in need thereof who has a medically 182
diagnosed allergic condition that may require prompt treatment in 183
order to protect the student against serious harm or death, shall not be 184
liable to the student assisted for civil damages for any injuries which 185
result from acts or omissions by the school bus driver in rendering the 186
emergency care of administration of medication with a cartridge 187
injector, which may constitute ordinary negligence. The immunity 188
provided in this subsection does not apply to acts or omissions 189
constituting gross, wilful or wanton negligence. For the purposes of 190
this subsection, "cartridge injector" has the same meaning as provided 191
in subdivision (1) of subsection (e) of this section. 192
Sec. 4. Subsection (b) of section 10a-55l of the general statutes is 193
repealed and the following is substituted in lieu thereof (Effective 194
October 1, 2019): 195
(b) Each athletic department of an institution of higher education 196
shall (1) (A) provide and maintain in a central location that is not more 197
than one-quarter mile from the premises used by the athletic 198
department at least one automatic external defibrillator, as defined in 199
section 19a-175, and (B) make such central location known and 200
accessible to employees and student-athletes of such institution of 201
higher education during all hours of intercollegiate sport practice, 202
training and competition, (2) ensure that at least one licensed athletic 203
trainer or other person who is trained in cardiopulmonary 204
resuscitation and the use of an automatic external defibrillator in 205
accordance with the standards set forth by [the American Red Cross or 206
American Heart Association] any organization approved by the 207
Department of Public Health is on the premises used by the athletic 208
Committee Bill No. 6146
LCO No. 4172 8 of 11
department during all hours of intercollegiate sport practice, training 209
and competition, (3) maintain and test the automatic external 210
defibrillator in accordance with the manufacturer's guidelines, and (4) 211
promptly notify a local emergency medical services provider after each 212
use of such automatic external defibrillator. As used in this section, 213
"the premises used by the athletic department" means those premises 214
that are used for intercollegiate sport practice, training or competition 215
and may include, but need not be limited to, an athletic building or 216
room, gymnasium, athletic field or stadium; and "intercollegiate sport" 217
means a sport played at the collegiate level for which eligibility 218
requirements for participation by a student-athlete are established by a 219
national association for the promotion or regulation of collegiate 220
athletics. 221
Sec. 5. Subsection (a) of section 19a-79 of the general statutes is 222
repealed and the following is substituted in lieu thereof (Effective 223
October 1, 2019): 224
(a) The Commissioner of Early Childhood shall adopt regulations, 225
in accordance with the provisions of chapter 54, to carry out the 226
purposes of sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, 227
inclusive, and to assure that child care centers and group child care 228
homes meet the health, educational and social needs of children 229
utilizing such child care centers and group child care homes. Such 230
regulations shall (1) specify that before being permitted to attend any 231
child care center or group child care home, each child shall be 232
protected as age-appropriate by adequate immunization against 233
diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, 234
hemophilus influenzae type B and any other vaccine required by the 235
schedule of active immunization adopted pursuant to section 19a-7f, 236
including appropriate exemptions for children for whom such 237
immunization is medically contraindicated and for children whose 238
parents or guardian objects to such immunization on religious 239
grounds, and that any objection by parents or a guardian to 240
immunization of a child on religious grounds shall be accompanied by 241
Committee Bill No. 6146
LCO No. 4172 9 of 11
a statement from such parents or guardian that such immunization 242
would be contrary to the religious beliefs of such child or the parents 243
or guardian of such child, which statement shall be acknowledged, in 244
accordance with the provisions of sections 1-32, 1-34 and 1-35, by (A) a 245
judge of a court of record or a family support magistrate, (B) a clerk or 246
deputy clerk of a court having a seal, (C) a town clerk, (D) a notary 247
public, (E) a justice of the peace, or (F) an attorney admitted to the bar 248
of this state, (2) specify conditions under which child care center 249
directors and teachers and group child care home providers may 250
administer tests to monitor glucose levels in a child with diagnosed 251
diabetes mellitus, and administer medicinal preparations, including 252
controlled drugs specified in the regulations by the commissioner, to a 253
child receiving child care services at such child care center or group 254
child care home pursuant to the written order of a physician licensed 255
to practice medicine or a dentist licensed to practice dental medicine in 256
this or another state, or an advanced practice registered nurse licensed 257
to prescribe in accordance with section 20-94a, or a physician assistant 258
licensed to prescribe in accordance with section 20-12d, and the written 259
authorization of a parent or guardian of such child, (3) specify that an 260
operator of a child care center or group child care home, licensed 261
before January 1, 1986, or an operator who receives a license after 262
January 1, 1986, for a facility licensed prior to January 1, 1986, shall 263
provide a minimum of thirty square feet per child of total indoor 264
usable space, free of furniture except that needed for the children's 265
purposes, exclusive of toilet rooms, bathrooms, coatrooms, kitchens, 266
halls, isolation room or other rooms used for purposes other than the 267
activities of the children, (4) specify that a child care center or group 268
child care home licensed after January 1, 1986, shall provide thirty-five 269
square feet per child of total indoor usable space, (5) establish 270
appropriate child care center staffing requirements for employees 271
certified in cardiopulmonary resuscitation by [the American Red 272
Cross, the American Heart Association, the National Safety Council, 273
American Safety and Health Institute or Medic First Aid International, 274
Inc.] any organization approved by the Department of Public Health, 275
Committee Bill No. 6146
LCO No. 4172 10 of 11
(6) specify that on and after January 1, 2003, a child care center or 276
group child care home (A) shall not deny services to a child on the 277
basis of a child's known or suspected allergy or because a child has a 278
prescription for an automatic prefilled cartridge injector or similar 279
automatic injectable equipment used to treat an allergic reaction, or for 280
injectable equipment used to administer glucagon, (B) shall, not later 281
than three weeks after such child's enrollment in such a center or 282
home, have staff trained in the use of such equipment on-site during 283
all hours when such a child is on-site, (C) shall require such child's 284
parent or guardian to provide the injector or injectable equipment and 285
a copy of the prescription for such medication and injector or injectable 286
equipment upon enrollment of such child, and (D) shall require a 287
parent or guardian enrolling such a child to replace such medication 288
and equipment prior to its expiration date, (7) specify that on and after 289
January 1, 2005, a child care center or group child care home (A) shall 290
not deny services to a child on the basis of a child's diagnosis of 291
asthma or because a child has a prescription for an inhalant medication 292
to treat asthma, and (B) shall, not later than three weeks after such 293
child's enrollment in such a center or home, have staff trained in the 294
administration of such medication on-site during all hours when such 295
a child is on-site, and (8) establish physical plant requirements for 296
licensed child care centers and licensed group child care homes that 297
exclusively serve school-age children. When establishing such 298
requirements, the Office of Early Childhood shall give consideration to 299
child care centers and group child care homes that are located in 300
private or public school buildings. With respect to this subdivision 301
only, the commissioner shall implement policies and procedures 302
necessary to implement the physical plant requirements established 303
pursuant to this subdivision while in the process of adopting such 304
policies and procedures in regulation form. Until replaced by policies 305
and procedures implemented pursuant to this subdivision, any 306
physical plant requirement specified in the office's regulations that is 307
generally applicable to child care centers and group child care homes 308
shall continue to be applicable to such centers and homes that 309
Committee Bill No. 6146
LCO No. 4172 11 of 11
exclusively serve school-age children. The commissioner shall print 310
notice of the intent to adopt regulations pursuant to this subdivision in 311
the Connecticut Law Journal not later than twenty days after the date 312
of implementation of such policies and procedures. Policies and 313
procedures implemented pursuant to this subdivision shall be valid 314
until the time final regulations are adopted. 315
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 19a-113a
Sec. 2 October 1, 2019 19a-197b
Sec. 3 October 1, 2019 52-557b
Sec. 4 October 1, 2019 10a-55l(b)
Sec. 5 October 1, 2019 19a-79(a)
Statement of Purpose:
To expand certification courses in cardiopulmonary resuscitation for
lifeguards and education and training courses in the use of automatic
external defibrillators and the administration of first aid.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]
Co-Sponsors: REP. GENGA, 10th Dist.
H.B. 6146