WES MOORE, Governor Ch. 304
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Chapter 304
(House Bill 288)
AN ACT concerning
Food Service Facilities Grocery Stores and Restaurants – Automated External
Defibrillator Program
(Joe Sheya Act)
FOR the purpose of requiring the owner and operator owners and operators of a certain
food service facility certain grocery stores and restaurants, beginning on a certain
date, to develop and, beginning on a certain date, implement an automated external
defibrillator program that meets certain requirements place an automated external
defibrillator in a certain area and maintain the functionality of the automated
external defibrillator, granting certain immunities to grocery stores, restaurants,
and individuals for certain acts or omissions under certain circumstances; altering
the definition of “facility” for the purpose of excluding certain restaurants and
grocery stores from the Public Access Automated External Defibrillator Program;
requiring the Maryland Department of Health and the Maryland Institute for
Emergency Medical Services Systems jointly to adopt certain regulations; and
generally relating to an automated external defibrillator program for food service
facilities. grocery stores and restaurants.
BY repealing and reenacting, with amendments,
Article – Education
Section 13–517(a)
Annotated Code of Maryland
(2022 Replacement Volume)
BY adding to
Article – Health – General
Section 21–330.3
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
13–517.
(a) (1) In this section the following words have the meanings indicated.
(2) “Automated external defibrillator (AED)” means a medical heart
monitor and defibrillator device that: Ch. 304 2023 LAWS OF MARYLAND
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(i) Is cleared for market by the federal Food and Drug
Administration;
(ii) Recognizes the presence or absence of ventricular fibrillation or
rapid ventricular tachycardia;
(iii) Determines, without intervention by an operator, whether
defibrillation should be performed;
(iv) On determining that defibrillation should be performed,
automatically charges; and
(v) 1. Requires operator intervention to deliver the electrical
impulse; or
2. Automatically continues with delivery of electrical
impulse.
(3) “Certificate” means a certificate issued by the EMS Board to a
registered facility.
(4) (I) “Facility” means an agency, association, corporation, firm,
partnership, or other entity.
(II) “FACILITY” DOES NOT INCLUDE A G ROCERY STORE OR
RESTAURANT THAT IS S UBJECT TO § 21–330.3 OF THE HEALTH – GENERAL
ARTICLE.
(5) “Jurisdictional emergency medical services operational program”
means the institution, agency, corporation, or other entity that has been approved by the
EMS Board to provide oversight of emergency medical services for each of the local
government and State and federal emergency medical services programs.
(6) “Program” means the Public Access Automated External Defibrillator
Program.
(7) “Regional administrator” means the individual employed by the
Institute as regional administrator in each EMS region.
(8) “Regional council” means an EMS advisory body as created by the Code
of Maryland Regulations 30.05.
(9) “Regional council AED committee” means a committee appointed by the
regional council consisting of:
WES MOORE, Governor Ch. 304
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(i) The regional medical director;
(ii) The regional administrator; and
(iii) Three or more individuals with knowledge of and expertise in
AEDs.
(10) “Registered facility” means an organization, business association,
agency, or other entity that meets the requirements of the EMS Board for registering with
the Program.
Article – Health – General
21–330.3.
(A) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “AUTOMATED EXTERNAL DE FIBRILLATOR (AED)” MEANS A
MEDICAL HEART MONITO R AND DEFIBRILLATOR DEVICE THAT:
(I) IS CLEARED FOR MARKET BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION ;
(II) RECOGNIZES THE PRESEN CE OR ABSENCE OF
VENTRICULAR FIBRILLA TION OR RAPID VENTRI CULAR TACHYCARDIA ;
(III) DETERMINES, WITHOUT INTERVENTION BY AN OPERATOR ,
WHETHER DEFIBRILLATI ON SHOULD BE PERFORM ED;
(IV) ON DETERMININ G THAT DEFIBRILLATIO N SHOULD BE
PERFORMED , AUTOMATICALLY CHARGE S; AND
(V) 1. REQUIRES OPERATOR INT ERVENTION TO DELIVER
THE ELECTRICAL IMPUL SE; OR
2. AUTOMATICALLY CONTINU ES WITH DELIVERY OF THE
ELECTRICAL IMPULSE .
(3) “GROCERY STORE ” MEANS A STORE THAT H AS:
(I) ALL MAJOR FOOD DEPART MENTS, INCLUDING PRODUCE ,
MEAT, SEAFOOD, DAIRY, AND CANNED AND PACKA GED GOODS; OR
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(II) 1. AT LEAST ONE OF THE M AJOR FOOD DEPARTMENT S;
AND
2. AT LEAST 12,000 SQUARE FEET OF FLOOR SPACE.
(B) THIS SECTION DOES NOT APPLY TO A FOOD SERVICE FACIL ITY:
(1) A GROCERY STORE THAT HAS AN ANNUAL G ROSS INCOME OF
$400,000 $10,000,000 OR LESS; OR
(2) A RESTAURANT WITH :
(I) AN ANNUAL GROSS INCOM E OF $1,000,000 OR LESS,
EXCLUSIVE OF SALES F OR OFF–PREMISES CONSUMPTION ; OR
(II) A SEATING CAPACITY OF LESS THAN 100 INDIVIDUALS.
(B) (C) THE BEGINNING JANUARY 1, 2024, EACH OWNER AND OPERATOR
OF A FOOD SERVICE FACILITY GROCERY STORE OR RES TAURANT SHALL DEVELOP
AND, BEGINNING JANUARY 1, 2025, IMPLEMENT AN AUTOMATED EXTERNAL
DEFIBRILLATOR PROGRA M THAT MEETS THE REQ UIREMENTS OF §
13–517 OF THE EDUCATION ARTICLE:
(1) PLACE AN AUTOMATED EX TERNAL DEFIBRILLATOR IN A
PROMINENT AREA , ACCESSIBLE TO EMPLOY EES AND CUSTOMERS ; AND
(2) MAINTAIN THE FUNCTIONALITY OF THE AUTOMATED EXTERNAL
DEFIBRILLATOR .
(D) IN ADDITION TO ANY OT HER IMMUNITIES AVAIL ABLE UNDER
STATUTORY OR COMMON LAW:
(1) A GROCERY STORE OR RES TAURANT IS NOT CIVIL LY LIABLE FOR
ANY ACT OR OMISSION IN THE PROVISION OF AUTOMATED EXTERNAL
DEFIBRILLATION IF TH E GROCERY STORE OR R ESTAURANT HAS SATISF IED THE
REQUIREMENTS UNDER T HIS SECTION;
(2) AN INDIVIDUAL IS NOT CIVILLY LIABLE FOR A NY ACT OR
OMISSION IF:
(I) THE INDIVIDUAL IS ACT ING IN GOOD FAITH WH ILE
RENDERING AUTOMATED EXTERNAL DEFIBRILLATIO N TO ANOTHER INDIVID UAL WES MOORE, Governor Ch. 304
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WHO IS A VICTIM OR R EASONABLY BELIEVED B Y THE INDIVIDUAL TO BE A VICTIM OF
A SUDDEN CARDIAC ARR EST;
(II) THE ASSISTANCE OR AID IS PROVIDED IN A REA SONABLY
PRUDENT MANNER ; AND
(III) THE AUTOMATED EXTERNA L DEFIBRILLATION IS PR OVIDED
WITHOUT FEE OR OTHER COMPENSATION ; AND
(3) A GROCERY STORE , RESTAURANT , OR INDIVIDUAL IS NOT CIVILLY
LIABLE FOR FAILING T O RENDER AUTOMATED E XTERNAL DEFIBRILLATI ON TO AN
INDIVIDUAL WHO IS A VICTIM OR IS REASONA BLY BELIEVED TO BE A VICTIM OF A
SUDDEN CARDIAC ARRES T.
(C) (E) THE DEPARTMENT AND THE MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS JOINTLY SHALL ADOPT REGULATIONS
THAT:
(1) ESTABLISH GUIDELINES FOR PERIODIC INSPECT IONS AND
ANNUAL MAINTENANCE O F THE AUTOMATED EXTE RNAL DEFIBRILLATORS ; AND
(2) ASSIST THE OWNER AND OPERATOR OF A FOOD SERVICE FACILIT Y
GROCERY STORE OR RES TAURANT IN CARRYING OUT THE PROVISIONS OF THIS
SECTION.; AND
(3) REQUIRE EACH GROCERY STORE AND RESTAURANT SUBJECT TO
THIS SECTION TO REGI STER WITH THE MARYLAND INSTITUTE FOR EMERGENCY
MEDICAL SERVICES SYSTEMS IN ORDER TO :
(I) MAKE ITS LOCATION PUB LICLY AVAILABLE TO E MERGENCY
DISPATCHERS ; AND
(II) RECEIVE MAINTENANCE AND RECALL NOTICES FROM THE
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) On or before December 1, 2024, the Maryland Institute for Emergency Medical
Services Systems shall report to the Senate Finance Committee, the House Health and
Government Operations Committee, and the House Economic Matters Committee, in
accordance with § 2–1257 of the State Government Article, on:
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(1) the grocery stores and restaurants that registered automated external
defibrillators in accordance with regulations adopted under § 21–330.3 of the Health –
General Article, as enacted by Section 1 of this Act; and
(2) the number of adverse cardiac events that required the use of an
automated external defibrillator experienced in the grocery stores and restaurants that
registered the automated external defibrillators.
(b) On or before December 1, 2024, the Maryland Institute for Emergency Medical
Services Systems, in collaboration with the Maryland Restaurant Association and the
Maryland Retailers Association, shall evaluate the impact of expanding the scope of §
21–330.3 of the Health – General Article, as enacted by Section 1 of this Act, to include
more restaurants and grocery stores and report its findings and recommendations to the
Senate Finance Committee, the House Health and Government Operations Committee, and
the House Economic Matters Committee, in accordance with § 2 –1257 of the State
Government Article.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, May 3, 2023.