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General Assembly Substitute Bill No. 6146
January Session, 2019
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 Section 19a-113a of the general statutes is repealed and 1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 the 5
American Heart Association, the American Red Cross, [or] the 6
American Safety and Health Institute or an organization with 7
substantially similar cardiopulmonary resuscitation certification 8
requirements, as determined by the Department of Public Health. 9
Sec. 2. Section 19a-197b of the general statutes is repealed and the 10
following is substituted in lieu thereof (Effective October 1, 2019): 11
A paid or volunteer firefighter or police officer, a member of a ski 12
patrol, a lifeguard, a conservation officer, patrol officer or special 13
police officer of the Department of Energy and Environmental 14
Protection or emergency medical service personnel who has been 15 Substitute Bill No. 6146
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trained in the use of an automatic external defibrillator in accordance 16
with the standards set forth by the American Red Cross, [or] American 17
Heart Association or by an organization with substantially similar 18
standards, as determined by the Department of Public Health, shall not 19
be subject to additional requirements, except recertification 20
requirements, in order to use an automatic external defibrillator. 21
Sec. 3. Section 52-557b of the general statutes is repealed and the 22
following is substituted in lieu thereof (Effective October 1, 2019): 23
(a) A person licensed to practice medicine and surgery under the 24
provisions of chapter 370 or dentistry under the provisions of section 25
20-106 or members of the same professions licensed to practice in any 26
other state of the United States, a person licensed as a registered nurse 27
under section 20-93 or 20-94 or certified as a licensed practical nurse 28
under section 20-96 or 20-97, a medical technician or any person 29
operating a cardiopulmonary resuscitator or a person trained in 30
cardiopulmonary resuscitation in accordance with the guidelines set 31
forth by the American Red Cross, [or] American Heart Association or 32
by an organization with substantially similar guidelines, as determined 33
by the Department of Public Health, or a person operating an 34
automatic external defibrillator, who, voluntarily and gratuitously and 35
other than in the ordinary course of such person's employment or 36
practice, renders emergency medical or professional assistance to a 37
person in need thereof, shall not be liable to such person assisted for 38
civil damages for any personal injuries which result from acts or 39
omissions by such person in rendering the emergency care, which may 40
constitute ordinary negligence. A person or entity that provides or 41
maintains an automatic external defibrillator shall not be liable for the 42
acts or omissions of the person or entity in providing or maintaining 43
the automatic external defibrillator, which may constitute ordinary 44
negligence. The immunity provided in this subsection does not apply 45
to acts or omissions constituting gross, wilful or wanton negligence. 46
With respect to the use of an automatic external defibrillator, the 47
immunity provided in this subsection shall only apply to acts or 48 Substitute Bill No. 6146
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omissions involving the use of an automatic external defibrillator in 49
the rendering of emergency care. Nothing in this subsection shall be 50
construed to exempt paid or volunteer firefighters, police officers or 51
emergency medical services personnel from completing training in 52
cardiopulmonary resuscitation or in the use of an automatic external 53
defibrillator in accordance with the guidelines set forth by the 54
American Red Cross, [or] American Heart Association or by an 55
organization with substantially similar guidelines, as determined by 56
the Department of Public Health. For the purposes of this subsection, 57
"automatic external defibrillator" means a device that: (1) Is used to 58
administer an electric shock through the chest wall to the heart; (2) 59
contains internal decision-making electronics, microcomputers or 60
special software that allows it to interpret physiologic signals, make 61
medical diagnosis and, if necessary, apply therapy; (3) guides the user 62
through the process of using the device by audible or visual prompts; 63
and (4) does not require the user to employ any discretion or judgment 64
in its use. 65
(b) A paid or volunteer firefighter or police officer, a teacher or 66
other school personnel on the school grounds or in the school building 67
or at a school function, a member of a ski patrol, a lifeguard, a 68
conservation officer, patrol officer or special police officer of the 69
Department of Energy and Environmental Protection, or emergency 70
medical service personnel, who (1) has completed a course in first aid 71
offered by the American Red Cross, the American Heart Association, 72
the National Ski Patrol, the Department of Public Health, [or] any 73
director of health [, as] or an organization with a substantially similar 74
course in first aid, as determined by the Department of Public Health, 75
that is certified by the [agency] organization or director of health 76
offering the course, and, [who] (2) renders emergency first aid to a 77
person in need thereof, shall not be liable to such person assisted for 78
civil damages for any personal injuries which result from acts or 79
omissions by such person in rendering the emergency first aid, which 80
may constitute ordinary negligence. No paid or volunteer firefighter, 81
police officer or emergency medical service personnel who forcibly 82 Substitute Bill No. 6146
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enters the residence of any person in order to render emergency first 83
aid to a person whom such firefighter, police officer or emergency 84
medical service personnel reasonably believes to be in need thereof 85
shall be liable to such person for civil damages incurred as a result of 86
such entry. The immunity provided in this subsection does not apply 87
to acts or omissions constituting gross, wilful or wanton negligence. 88
(c) An employee of a railroad company, including any company 89
operating a commuter rail line, who has successfully completed a 90
course in first aid, offered by the American Red Cross, the American 91
Heart Association, the National Ski Patrol, the Department of Public 92
Health, [or] any director of health [, as] or an organization with a 93
substantially similar course in first aid, as determined by the 94
department, that is certified by the [agency] organization or director of 95
health offering the course, and who renders emergency first aid or 96
cardiopulmonary resuscitation to a person in need thereof, shall not be 97
liable to such person assisted for civil damages for any personal injury 98
or death which results from acts or omissions by such employee in 99
rendering the emergency first aid or cardiopulmonary resuscitation 100
which may constitute ordinary negligence. The immunity provided in 101
this subsection does not apply to acts or omissions constituting gross, 102
wilful or wanton negligence. 103
(d) A railroad company, including any commuter rail line, which 104
provides emergency medical training or equipment to any employee 105
granted immunity pursuant to subsection (c) of this section shall not be 106
liable for civil damages for any injury sustained by a person or for the 107
death of a person which results from the company's acts or omissions 108
in providing such training or equipment or which results from acts or 109
omissions by such employee in rendering emergency first aid or 110
cardiopulmonary resuscitation, which may constitute ordinary 111
negligence. The immunity provided in this subsection does not apply 112
to acts or omissions constituting gross, wilful or wanton negligence. 113
(e) (1) For purposes of this subsection, "cartridge injector" means an 114
automatic prefilled cartridge injector or similar automatic injectable 115 Substitute Bill No. 6146
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equipment used to deliver epinephrine in a standard dose for 116
emergency first aid response to allergic reactions. 117
(2) Any volunteer worker associated with, or any person employed 118
to work for, a program offered to children sixteen years of age or 119
younger by a corporation, other than a licensed health care provider, 120
that is exempt from federal income taxation under Section 501 of the 121
Internal Revenue Code of 1986, or any subsequent corresponding 122
internal revenue code of the United States, as from time to time 123
amended, who (A) has been trained in the use of a cartridge injector by 124
a licensed physician, physician assistant, advanced practice registered 125
nurse or registered nurse, (B) has obtained the consent of a parent or 126
legal guardian to use a cartridge injector on his or her child, and (C) 127
uses a cartridge injector on such child in apparent need thereof 128
participating in such program, shall not be liable to such child assisted 129
or to such child's parent or guardian for civil damages for any personal 130
injury or death which results from acts or omissions by such worker in 131
using a cartridge injector which may constitute ordinary negligence. 132
The immunity provided in this subsection does not apply to acts or 133
omissions constituting gross, wilful or wanton negligence. 134
(3) A corporation, other than a licensed health care provider, that is 135
exempt from federal income taxation under Section 501 of the Internal 136
Revenue Code of 1986, or any subsequent corresponding internal 137
revenue code of the United States, as from time to time amended, 138
which provides training in the use of cartridge injectors to any 139
volunteer worker granted immunity pursuant to subdivision (2) of this 140
subsection shall not be liable for civil damages for any injury sustained 141
by, or for the death of, a child sixteen years of age or younger who is 142
participating in a program offered by such corporation, which injury 143
or death results from acts or omissions by such worker in using a 144
cartridge injector, which may constitute ordinary negligence. The 145
immunity provided in this subsection does not apply to acts or 146
omissions constituting gross, wilful or wanton negligence. 147
(f) A teacher or other school personnel, on the school grounds or in 148 Substitute Bill No. 6146
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the school building or at a school function, who has completed both a 149
course in first aid in accordance with subsection (b) of this section and 150
a course given by the medical advisor of the school or by a licensed 151
physician in the administration of medication by injection, who 152
renders emergency care by administration of medication by injection 153
to a person in need thereof, shall not be liable to the person assisted for 154
civil damages for any injuries which result from acts or omissions by 155
the person in rendering the emergency care of administration of 156
medication by injection, which may constitute ordinary negligence. 157
The immunity provided in this subsection does not apply to acts or 158
omissions constituting gross, wilful or wanton negligence. 159
(g) The provisions of this section shall not be construed to require 160
any teacher or other school personnel to render emergency first aid or 161
administer medication by injection. 162
(h) Any person who has completed a course in first aid offered by 163
the American Red Cross, the American Heart Association, the National 164
Ski Patrol, the Department of Public Health, [or] any director of health 165
[, as] or by an organization with a substantially similar course in first 166
aid, as determined by the department, that is certified by the [agency] 167
organization or director of health offering the course, or has been 168
trained in the use of a cartridge injector by a licensed physician, 169
physician assistant, advanced practice registered nurse or registered 170
nurse, and who, voluntarily and gratuitously and other than in the 171
ordinary course of such person's employment or practice, renders 172
emergency assistance by using a cartridge injector on another person 173
in need thereof, or any person who is an identified staff member of a 174
before or after school program, day camp or child care facility, as 175
defined in section 19a-900, and who renders emergency assistance by 176
using a cartridge injector on another person in need thereof, shall not 177
be liable to such person assisted for civil damages for any personal 178
injuries which result from acts or omissions by such person in using a 179
cartridge injector, which may constitute ordinary negligence. The 180
immunity provided in this subsection does not apply to acts or 181 Substitute Bill No. 6146
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omissions constituting gross, wilful or wanton negligence. For the 182
purposes of this subsection, "cartridge injector" has the same meaning 183
as provided in subdivision (1) of subsection (e) of this section. 184
(i) A school bus driver, on or in the immediate vicinity of a school 185
bus during the provision of school transportation services, who 186
renders emergency care by administration of medication with a 187
cartridge injector to a student in need thereof who has a medically 188
diagnosed allergic condition that may require prompt treatment in 189
order to protect the student against serious harm or death, shall not be 190
liable to the student assisted for civil damages for any injuries which 191
result from acts or omissions by the school bus driver in rendering the 192
emergency care of administration of medication with a cartridge 193
injector, which may constitute ordinary negligence. The immunity 194
provided in this subsection does not apply to acts or omissions 195
constituting gross, wilful or wanton negligence. For the purposes of 196
this subsection, "cartridge injector" has the same meaning as provided 197
in subdivision (1) of subsection (e) of this section. 198
Sec. 4. Subsection (b) of section 10a-55l of the general statutes is 199
repealed and the following is substituted in lieu thereof (Effective 200
October 1, 2019): 201
(b) Each athletic department of an institution of higher education 202
shall (1) (A) provide and maintain in a central location that is not more 203
than one-quarter mile from the premises used by the athletic 204
department at least one automatic external defibrillator, as defined in 205
section 19a-175, and (B) make such central location known and 206
accessible to employees and student-athletes of such institution of 207
higher education during all hours of intercollegiate sport practice, 208
training and competition, (2) ensure that at least one licensed athletic 209
trainer or other person who is trained in cardiopulmonary 210
resuscitation and the use of an automatic external defibrillator in 211
accordance with the standards set forth by the American Red Cross, 212
[or] American Heart Association or an organization with substantially 213
similar standards, as determined by the Department of Public Health, 214 Substitute Bill No. 6146
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is on the premises used by the athletic department during all hours of 215
intercollegiate sport practice, training and competition, (3) maintain 216
and test the automatic external defibrillator in accordance with the 217
manufacturer's guidelines, and (4) promptly notify a local emergency 218
medical services provider after each use of such automatic external 219
defibrillator. As used in this section, "the premises used by the athletic 220
department" means those premises that are used for intercollegiate 221
sport practice, training or competition and may include, but need not 222
be limited to, an athletic building or room, gymnasium, athletic field or 223
stadium; and "intercollegiate sport" means a sport played at the 224
collegiate level for which eligibility requirements for participation by a 225
student-athlete are established by a national association for the 226
promotion or regulation of collegiate athletics. 227
Sec. 5. Subsection (a) of section 19a-79 of the general statutes is 228
repealed and the following is substituted in lieu thereof (Effective 229
October 1, 2019): 230
(a) The Commissioner of Early Childhood shall adopt regulations, 231
in accordance with the provisions of chapter 54, to carry out the 232
purposes of sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, 233
inclusive, and to assure that child care centers and group child care 234
homes meet the health, educational and social needs of children 235
utilizing such child care centers and group child care homes. Such 236
regulations shall (1) specify that before being permitted to attend any 237
child care center or group child care home, each child shall be 238
protected as age-appropriate by adequate immunization against 239
diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, 240
hemophilus influenzae type B and any other vaccine required by the 241
schedule of active immunization adopted pursuant to section 19a-7f, 242
including appropriate exemptions for children for whom such 243
immunization is medically contraindicated and for children whose 244
parents or guardian objects to such immunization on religious 245
grounds, and that any objection by parents or a guardian to 246
immunization of a child on religious grounds shall be accompanied by 247 Substitute Bill No. 6146
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a statement from such parents or guardian that such immunization 248
would be contrary to the religious beliefs of such child or the parents 249
or guardian of such child, which statement shall be acknowledged, in 250
accordance with the provisions of sections 1-32, 1-34 and 1-35, by (A) a 251
judge of a court of record or a family support magistrate, (B) a clerk or 252
deputy clerk of a court having a seal, (C) a town clerk, (D) a notary 253
public, (E) a justice of the peace, or (F) an attorney admitted to the bar 254
of this state, (2) specify conditions under which child care center 255
directors and teachers and group child care home providers may 256
administer tests to monitor glucose levels in a child with diagnosed 257
diabetes mellitus, and administer medicinal preparations, including 258
controlled drugs specified in the regulations by the commissioner, to a 259
child receiving child care services at such child care center or group 260
child care home pursuant to the written order of a physician licensed 261
to practice medicine or a dentist licensed to practice dental medicine in 262
this or another state, or an advanced practice registered nurse licensed 263
to prescribe in accordance with section 20-94a, or a physician assistant 264
licensed to prescribe in accordance with section 20-12d, and the written 265
authorization of a parent or guardian of such child, (3) specify that an 266
operator of a child care center or group child care home, licensed 267
before January 1, 1986, or an operator who receives a license after 268
January 1, 1986, for a facility licensed prior to January 1, 1986, shall 269
provide a minimum of thirty square feet per child of total indoor 270
usable space, free of furniture except that needed for the children's 271
purposes, exclusive of toilet rooms, bathrooms, coatrooms, kitchens, 272
halls, isolation room or other rooms used for purposes other than the 273
activities of the children, (4) specify that a child care center or group 274
child care home licensed after January 1, 1986, shall provide thirty-five 275
square feet per child of total indoor usable space, (5) establish 276
appropriate child care center staffing requirements for employees 277
certified in cardiopulmonary resuscitation by the American Red Cross, 278
the American Heart Association, the National Safety Council, 279
American Safety and H ealth Institute, [or] Medic First Aid 280
International, Inc. or an organization with substantially similar 281
cardiopulmonary resuscitation certification requirements, as 282 Substitute Bill No. 6146
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determined by the Department of Public Health, (6) specify that on 283
and after January 1, 2003, a child care center or group child care home 284
(A) shall not deny services to a child on the basis of a child's known or 285
suspected allergy or because a child has a prescription for an 286
automatic prefilled cartridge injector or similar automatic injectable 287
equipment used to treat an allergic reaction, or for injectable 288
equipment used to administer glucagon, (B) shall, not later than three 289
weeks after such child's enrollment in such a center or home, have staff 290
trained in the use of such equipment on-site during all hours when 291
such a child is on-site, (C) shall require such child's parent or guardian 292
to provide the injector or injectable equipment and a copy of the 293
prescription for such medication and injector or injectable equipment 294
upon enrollment of such child, and (D) shall require a parent or 295
guardian enrolling such a child to replace such medication and 296
equipment prior to its expiration date, (7) specify that on and after 297
January 1, 2005, a child care center or group child care home (A) shall 298
not deny services to a child on the basis of a child's diagnosis of 299
asthma or because a child has a prescription for an inhalant medication 300
to treat asthma, and (B) shall, not later than three weeks after such 301
child's enrollment in such a center or home, have staff trained in the 302
administration of such medication on-site during all hours when such 303
a child is on-site, and (8) establish physical plant requirements for 304
licensed child care centers and licensed group child care homes that 305
exclusively serve school-age children. When establishing such 306
requirements, the Office of Early Childhood shall give consideration to 307
child care centers and group child care homes that are located in 308
private or public school buildings. With respect to this subdivision 309
only, the commissioner shall implement policies and procedures 310
necessary to implement the physical plant requirements established 311
pursuant to this subdivision while in the process of adopting such 312
policies and procedures in regulation form. Until replaced by policies 313
and procedures implemented pursuant to this subdivision, any 314
physical plant requirement specified in the office's regulations that is 315
generally applicable to child care centers and group child care homes 316
shall continue to be applicable to such centers and homes that 317 Substitute Bill No. 6146
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exclusively serve school-age children. The commissioner shall print 318
notice of the intent to adopt regulations pursuant to this subdivision in 319
the Connecticut Law Journal not later than twenty days after the date 320
of implementation of such policies and procedures. Policies and 321
procedures implemented pursuant to this subdivision shall be valid 322
until the time final regulations are adopted. 323
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)
PH Joint Favorable Subst.