EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0288*
HOUSE BILL 288
J1 3lr2480
HB 1194/16 – HGO CF SB 299
By: Delegate Cullison Delegates Cullison, Pena –Melnyk, Alston, Bagnall,
Guzzone, Hill, Kaiser, R. Lewis, Rosenberg, Taveras, and Woods
Introduced and read first time: January 25, 2023
Assigned to: Health and Government Operations and Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 30, 2023
CHAPTER ______
AN ACT concerning 1
Food Service Facilities Grocery Stores and Restaurants – Automated External 2
Defibrillator Program 3
(Joe Sheya Act) 4
FOR the purpose of requiring the owner and operator owners and operators of a certain 5
food service facility certain grocery stores and restaurants, beginning on a certain 6
date, to develop and, beginning on a certain date, implement an automated external 7
defibrillator program that meets certain requirements place an automated external 8
defibrillator in a certain area and maintain the functionality of the automated 9
external defibrillator, granting certain immunities to grocery stores, restaurants, 10
and individuals for certain acts or omissions under certain circumstances; altering 11
the definition of “facility” for the purpose of excluding certain restaurants and 12
grocery stores from the Public Access Automated External Defibrillator Program; 13
requiring the Maryland Department of Health and the Maryland Institute for 14
Emergency Medical Services Systems jointly to adopt certain regulations; and 15
generally relating to an automated external defibrillator program for food service 16
facilities. grocery stores and restaurants. 17
BY repealing and reenacting, with amendments, 18
Article – Education 19
Section 13–517(a) 20
Annotated Code of Maryland 21
(2022 Replacement Volume) 22
2 HOUSE BILL 288
BY adding to 1
Article – Health – General 2
Section 21–330.3 3
Annotated Code of Maryland 4
(2019 Replacement Volume and 2022 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Education 8
13–517. 9
(a) (1) In this section the following words have the meanings indicated. 10
(2) “Automated external defibrillator (AED)” means a medical heart 11
monitor and defibrillator device that: 12
(i) Is cleared for market by the federal Food and Drug 13
Administration; 14
(ii) Recognizes the presence or absence of ventricular fibrillation or 15
rapid ventricular tachycardia; 16
(iii) Determines, without intervention by an operator, whether 17
defibrillation should be performed; 18
(iv) On determining that defibrillation should be performed, 19
automatically charges; and 20
(v) 1. Requires operator intervention to deliver the electrical 21
impulse; or 22
2. Automatically continues with delivery of electrical 23
impulse. 24
(3) “Certificate” means a certificate issued by the EMS Board to a 25
registered facility. 26
(4) (I) “Facility” means an agency, association, corporation, firm, 27
partnership, or other entity. 28
(II) “FACILITY” DOES NOT INCLUDE A G ROCERY STORE OR 29
RESTAURANT THAT IS S UBJECT TO § 21–330.3 OF THE HEALTH – GENERAL 30
ARTICLE. 31
HOUSE BILL 288 3
(5) “Jurisdictional emergency medical services operational program” 1
means the institution, agency, corporation, or other entity that has been approved by the 2
EMS Board to provide oversight of emergency medical services for each of the local 3
government and State and federal emergency medical services programs. 4
(6) “Program” means the Public Access Automated External Defibrillator 5
Program. 6
(7) “Regional administrator” means the individual employed by the 7
Institute as regional administrator in each EMS region. 8
(8) “Regional council” means an EMS advisory body as created by the Code 9
of Maryland Regulations 30.05. 10
(9) “Regional council AED committee” means a committee appointed by the 11
regional council consisting of: 12
(i) The regional medical director; 13
(ii) The regional administrator; and 14
(iii) Three or more individuals with knowledge of and expertise in 15
AEDs. 16
(10) “Registered facility” means an organization, business association, 17
agency, or other entity that meets the requirements of the EMS Board for registering with 18
the Program. 19
Article – Health – General 20
21–330.3. 21
(A) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
(2) “AUTOMATED EXTERNAL DE FIBRILLATOR (AED)” MEANS A 24
MEDICAL HEART MONITO R AND DEFIBRILLATOR DEVICE THAT: 25
(I) IS CLEARED FOR MARKET BY THE FEDERAL FOOD AND 26
DRUG ADMINISTRATION ; 27
(II) RECOGNIZES THE PRESEN CE OR ABSENCE OF 28
VENTRICULAR FIBRILLA TION OR RAPID VENTRI CULAR TACHYCARDIA ; 29
(III) DETERMINES, WITHOUT INTERVENTION BY AN OPERATOR , 30
WHETHER DEFIBRILLATI ON SHOULD BE PERFORM ED; 31 4 HOUSE BILL 288
(IV) ON DETERMINING THAT D EFIBRILLATION SHOULD BE 1
PERFORMED , AUTOMATICALLY CHARGE S; AND 2
(V) 1. REQUIRES OPERATOR INT ERVENTION TO DELIVER 3
THE ELECTRICAL IMPUL SE; OR 4
2. AUTOMATICALLY CONTINU ES WITH DELIVERY OF THE 5
ELECTRICAL IMPULSE . 6
(3) “GROCERY STORE ” MEANS A STORE THAT H AS: 7
(I) ALL MAJOR FOOD DEPART MENTS, INCLUDING PRODUCE , 8
MEAT, SEAFOOD, DAIRY, AND CANNED AND PACKA GED GOODS; OR 9
(II) 1. AT LEAST ONE OF THE M AJOR FOOD DEPARTMENT S; 10
AND 11
2. AT LEAST 12,000 SQUARE FEET OF FLOOR SPACE. 12
(B) THIS SECTION DOES NOT APPLY TO A FOOD SERVICE FACIL ITY: 13
(1) A GROCERY STORE THAT HAS AN ANNUAL G ROSS INCOME OF 14
$400,000 $10,000,000 OR LESS; OR 15
(2) A RESTAURANT WITH : 16
(I) AN ANNUAL GROSS INCOM E OF $1,000,000 OR LESS, 17
EXCLUSIVE OF SALES F OR OFF–PREMISES CONSUMPTION ; OR 18
(II) A SEATING CAPACITY OF LESS THAN 100 INDIVIDUALS. 19
(B) (C) THE BEGINNING JANUARY 1, 2024, EACH OWNER AND OPERATOR 20
OF A FOOD SERVICE FACILITY GROCERY STORE OR RES TAURANT SHALL DEVELOP 21
AND, BEGINNING JANUARY 1, 2025, IMPLEMENT AN AUTOMAT ED EXTERNAL 22
DEFIBRILLATOR PROGRA M THAT MEETS THE REQ UIREMENTS OF § 23
13–517 OF THE EDUCATION ARTICLE: 24
(1) PLACE AN AUTOMATED EX TERNAL DEFIBRILLATOR IN A 25
PROMINENT AREA , ACCESSIBLE TO EMPLOY EES AND CUSTOMERS ; AND 26
(2) MAINTAIN THE FUNCTION ALITY OF THE AUTOMAT ED EXTERNAL 27
DEFIBRILLATOR . 28
HOUSE BILL 288 5
(D) IN ADDITION TO ANY OT HER IMMUNITIES AVAILABLE UNDER 1
STATUTORY OR COMMON LAW: 2
(1) A GROCERY STORE OR RES TAURANT IS NOT CIVIL LY LIABLE FOR 3
ANY ACT OR OMISSION IN THE PROVISION OF AUTOMATED EXTERNAL 4
DEFIBRILLATION IF TH E GROCERY STORE OR R ESTAURANT HAS SATISF IED THE 5
REQUIREMENTS U NDER THIS SECTION ; 6
(2) AN INDIVIDUAL IS NOT CIVILLY LIABLE FOR A NY ACT OR 7
OMISSION IF: 8
(I) THE INDIVIDUAL IS ACT ING IN GOOD FAITH WH ILE 9
RENDERING AUTOMATED EXTERNAL DEFIBRILLAT ION TO ANOTHER INDIV IDUAL 10
WHO IS A VICTIM OR R EASONABLY BELIEVED B Y THE INDIVIDUAL TO BE A VI CTIM OF 11
A SUDDEN CARDIAC ARR EST; 12
(II) THE ASSISTANCE OR AID IS PROVIDED IN A REA SONABLY 13
PRUDENT MANNER ; AND 14
(III) THE AUTOMATED EXTERNA L DEFIBRILLATION IS PROVIDED 15
WITHOUT FEE OR OTHER COMPENSATION ; AND 16
(3) A GROCERY STORE , RESTAURANT , OR INDIVIDUAL IS NOT CIVILLY 17
LIABLE FOR FAILING T O RENDER AUTOMATED E XTERNAL DEFIBRILLATI ON TO AN 18
INDIVIDUAL WHO IS A VICTIM OR IS REASONA BLY BELIEVED TO BE A VICTIM OF A 19
SUDDEN CARDIAC ARRES T. 20
(C) (E) THE DEPARTMENT AND THE MARYLAND INSTITUTE FOR 21
EMERGENCY MEDICAL SERVICES SYSTEMS JOINTLY SHALL ADOPT REGULATIONS 22
THAT: 23
(1) ESTABLISH GUIDELINES FOR PERIODIC INSPECT IONS AND 24
ANNUAL MAINTENANCE O F THE AUTOMATED EXTE RNAL DEFIBRILLATORS ; AND 25
(2) ASSIST THE OWNER AND OPERATOR OF A FOOD SERVICE FACILITY 26
GROCERY STORE OR RES TAURANT IN CARRYING OUT THE PROVISIONS OF THIS 27
SECTION.; AND 28
(3) REQUIRE EACH GROCERY STORE AND RESTAURANT SUBJECT TO 29
THIS SECTION TO REGI STER WITH THE MARYLAND INSTITUTE FOR EMERGENCY 30
MEDICAL SERVICES SYSTEMS IN ORD ER TO: 31
(I) MAKE ITS LOCATION PUB LICLY AVAILABLE TO E MERGENCY 32
DISPATCHERS ; AND 33 6 HOUSE BILL 288
(II) RECEIVE MAINTENANCE A ND RECALL NOTICES FR OM THE 1
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS. 2
SECTION 2. AND BE IT FURTHER ENACTED, That: 3
(a) On or before December 1, 2024, the Maryland Institute for Emergency Medical 4
Services Systems shall report to the Senate Finance Committee, the House Health and 5
Government Operations Committee, and the House Economic Matters Committee, in 6
accordance with § 2–1257 of the State Government Article, on: 7
(1) the grocery stores and restaurants that registered automated external 8
defibrillators in accordance with regulations adopted under § 21–330.3 of the Health – 9
General Article, as enacted by Section 1 of this Act; and 10
(2) the number of adverse cardiac events that required the use of an 11
automated external defibrillator experienced in the grocery stores and restaurants that 12
registered the automated external defibrillators. 13
(b) On or before December 1, 2024, the Maryland Institute for Emergency Medical 14
Services Systems, in collaboration with the Maryland Restaurant Association and the 15
Maryland Retailers Association, shall evaluate the impact of expanding the scope of § 16
21–330.3 of the Health – General Article, as enacted by Section 1 of this Act, to include 17
more restaurants and grocery stores and report its findings and recommendations to the 18
Senate Finance Committee, the House Health and Government Operations Committee, and 19
the House Economic Matters Committee, in accordance with § 2–1257 of the State 20
Government Article. 21
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2023. 23
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.