Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2424 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2070 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2424
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sean Garballey and Vanna Howard
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 automatic external defibrillator devices in health clubs.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/15/2025Vanna Howard17th Middlesex1/15/2025Paul J. Donato35th Middlesex2/3/2025 1 of 3
16	16	HOUSE DOCKET, NO. 2070 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2424
18	18	By Representatives Garballey of Arlington and Howard of Lowell, a petition (accompanied by
19	19	bill, House, No. 2424) of Sean Garballey, Vanna Howard and Paul J. Donato relative to health
20	20	clubs and the use and deployment of defibrillators. Public Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2173 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act requiring automatic external defibrillator devices in health clubs.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 78 of chapter 93 of the General Laws, as appearing in the 2004
32	32	2Official Edition, is hereby amended by striking out, in line 1, the words “section seventy-nine to
33	33	3eighty-eight” and inserting in place thereof the following words:- sections 78A to 88.
34	34	4 SECTION 2. Said chapter 93 is hereby further amended by inserting after section 78, as
35	35	5so appearing, the following section:-
36	36	6 Section 78A. A health club shall have on the premises at least 1 AED, as defined in
37	37	7section 12V½ of chapter 112, and shall have in attendance during staffed business hours at least
38	38	81 employee or authorized volunteer as an AED provider, as defined in said section 12V½ of said
39	39	9chapter 112. 2 of 3
40	40	10 Section 78B. A health club shall have a written emergency response policies and
41	41	11procedures, which shall be reviewed regularly and rehearsed. The written plan should be publicly
42	42	12available to all health club members.
43	43	13 Section 78C
44	44	14 The location of each AED shall have the following characteristics: secure and easily
45	45	15accessible; well marked, publicized, and known among trained staff; and near a communication
46	46	16line (telephone, radio, etc.) that may be used to contact backup, security, EMS, or 911.
47	47	17 SECTION 3. Section 86 of said chapter 93, as so appearing, is hereby amended by adding
48	48	18the following paragraph:-
49	49	19 Absent a showing of gross negligence or willful or wanton misconduct, no cause of
50	50	20action against a health club or its employees may arise in connection with the use or non-use of a
51	51	21defibrillator.
52	52	22 SECTION 4. Chapter 112 of the General Laws is hereby amended by striking out section
53	53	2312V, as so appearing, and inserting in place thereof the following section:-
54	54	24 Section 12V. Any person, whose usual and regular duties do not include the provision of
55	55	25emergency medical care, and who, in good faith, attempts to render emergency care including,
56	56	26but not limited to, cardiopulmonary resuscitation or defibrillation, and does so without
57	57	27compensation, shall not be liable for acts or omissions, other than gross negligence or willful or
58	58	28wanton misconduct, resulting from the attempt to render such emergency care.
59	59	29 SECTION 5. Sections 1 and 2 of this act shall not apply to a health club, as defined by
60	60	30section 78 of chapter 93 of the General Laws, if that health club employs 5 or fewer full-time 3 of 3
61	61	31equivalent employees, until 2 years after the effective date of this act. Sections 1 and 2 of this act
62	62	32shall not apply to a health club, as so defined by said section 78 of said chapter 93, if that health
63	63	33club employs more than 5 full-time equivalent employees, until 1 year after the effective date of
64	64	34this act. For the purposes of this section, the term “full-time equivalent employee” shall equal 40
65	65	35labor hours per week.