Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4121 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4578 FILED ON: 9/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 4121
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Russell E. Holmes
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act requiring automated external defibrillators at sporting events.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Russell E. Holmes6th Suffolk9/18/2023 1 of 4
16	16	HOUSE DOCKET, NO. 4578 FILED ON: 9/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 4121
18	18	By Representative Holmes of Boston, a petition (subject to Joint Rule 12) of Russell E. Holmes
19	19	for legislation to require automated external defibrillators at sporting events. Public Health.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act requiring automated external defibrillators at sporting events.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. The General Court hereby finds and declares that:
29	29	2 (i) Public settings are the second most common location for persons experiencing out of
30	30	3hospital cardiac arrests (OHCA);
31	31	4 (ii) According to the Centers for Disease Control, an estimated 70 per cent of people
32	32	5experiencing OHCA die before reaching the hospital;
33	33	6 (iii) Cardiopulmonary resuscitation (CPR) and use of an automated external defibrillator
34	34	7(AED) within minutes of OHCA can dramatically raise survival rates, but AEDs are not
35	35	8commonly used or available;
36	36	9 (iv) Every minute a sudden cardiac arrest victim is not defibrillated their chances of
37	37	10survival declines by 7 to 10 per cent. If defibrillation is performed within the first 1 to 3 minutes
38	38	11of the sudden cardiac arrest, there is a 70 to 80 per cent chance of survival; and 2 of 4
39	39	12 (v) This act shall be known as the “The Preston Settles ‘Every Minute Counts’ Act”.
40	40	13 SECTION 2. Chapter 93 of the General Laws is hereby amended by inserting after
41	41	14section 78A the following section:-
42	42	15 Section 78B. (a) Every public stadium, sports center, gymnasium or other facility hosting
43	43	16or providing for an athletic or sporting event shall have and maintain a readily available
44	44	17automatic, external defibrillator (AED) in their facility while any sport activity is taking place or
45	45	18while rendering services to the public for such sport activity. For the purposes of this section the
46	46	19term AED shall be a medical device, approved by the United States Food and Drug
47	47	20Administration, that: (i) is capable of recognizing the presence or absence in a person of
48	48	21ventricular fibrillation and rapid ventricular tachycardia; (ii) is capable of determining, without
49	49	22intervention by an operator, whether defibrillation should be performed on the person; (iii) upon
50	50	23determining that defibrillation should be performed, automatically charges and requests delivery
51	51	24of an electrical impulse to the person’s heart; and (iv) then, upon action by an operator, delivers
52	52	25an appropriate electrical impulse to the person’s heart to perform defibrillation.
53	53	26 (b) While any sport activity is taking place there shall be in attendance at least 1
54	54	27employee of the facility or authorized volunteer readily available who is an AED provider having
55	55	28current certification in a training course in CPR and in the use of an AED in accordance with the
56	56	29standards established by the American Heart Association, Inc. or the American National Red
57	57	30Cross.
58	58	31 (c) If no such employee or authorized volunteer is available, the operator or designated
59	59	32agent of the facility, shall make an oral public announcement prior to the commencement of the
60	60	33sport activity to identify readily available volunteers trained in the use of an AED. The 3 of 4
61	61	34announcement shall be delivered so that each person in attendance has the opportunity to hear it.
62	62	35The announcement shall include the following:
63	63	36 (i)identifying the location of AEDs in the facility;
64	64	37 (ii)identifying the employee or authorized volunteer trained in the use of an AED;
65	65	38and
66	66	39 (iii)the procedure for identifying readily available volunteers trained in the use of an
67	67	40AED present during the sporting event, which may include: physical recognition such as
68	68	41standing to be recognized, raising a hand or otherwise communicating a willingness to volunteer;
69	69	42or by electronic communication via mobile phone or other device.
70	70	43 (d) A placard shall be installed at every facility entryway with a map of the location of
71	71	44any AED at the facility.
72	72	45 (e) The following persons and entities are immune from civil liability for damages arising
73	73	46out of acts or omissions that relate to this section:
74	74	47 (i) Any person or entity that acquires an AED;
75	75	48 (ii) Any person or entity that owns, manages or is otherwise responsible for the facility on
76	76	49which an AED is located;
77	77	50 (iii) Any person who retrieves an AED in response to a perceived sudden cardiac arrest
78	78	51emergency;
79	79	52 (iv) Any person who uses, attempts to use or fails to use an AED in response to a
80	80	53perceived sudden cardiac arrest emergency; 4 of 4
81	81	54 (v) Any physician or other authorized person who issues a prescription for the purchase
82	82	55of an AED; or
83	83	56 (vi) Any person or entity that provides instruction in the use of an AED.