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.
*sb0299*
SENATE BILL 299
J1 3lr2149
SB 434/16 – FIN CF HB 288
By: Senators Kramer, Feldman, Beidle, Jennings, Zucker, Smith, Klausmeier,
Hershey, Guzzone, Lam, Gile, and Hettleman
Introduced and read first time: January 27, 2023
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 9, 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 SENATE BILL 299
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
SENATE BILL 299 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 F OLLOWING 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 SENATE BILL 299
(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 10,000 SQUARE FEET OF FLOOR SPACE. 12
(A) (B) THIS SECTION DOES NOT APPLY TO A FOOD SERVICE FACILIT Y 13
GROCERY STORE OR RESTAURANT THAT HAS AN ANNUAL G ROSS INCOME OF 14
$400,000 $1,000,000 OR LESS. 15
(B) (C) THE BEGINNING JANUARY 1, 2025, EACH OWNER AND OPERATOR 16
OF A FOOD SERVICE FACILIT Y GROCERY STORE OR RES TAURANT SHALL DEVELOP 17
AND, BEGINNING JANUARY 1, 2025, IMPLEMENT AN AU TOMATED EXTERNAL 18
DEFIBRILLATOR PROGRA M THAT MEETS THE REQ UIREMENTS OF § 19
13–517 OF THE EDUCATION ARTICLE: 20
(1) PLACE AN AUTOMATED EX TERNAL DEFIBRILLATOR IN A 21
PROMINENT AREA , ACCESSIBLE TO EMPLOY EES AND CUSTOMERS ; AND 22
(2) MAINTAIN THE FUNCTION ALITY OF THE AUTOMATED EXTERN AL 23
DEFIBRILLATOR . 24
(D) IN ADDITION TO ANY OT HER IMMUNITIES AVAIL ABLE UNDER 25
STATUTORY OR COMMON LAW: 26
(1) A GROCERY STORE OR RES TAURANT IS NOT CIVIL LY LIABLE FOR 27
ANY ACT OR OMISSION IN THE PROVISION OF AUTOMATED EXTERNAL 28
DEFIBRILLATIO N IF THE GROCERY STO RE OR RESTAURANT HAS SATISFIED THE 29
REQUIREMENTS UNDER T HIS SECTION; 30
SENATE BILL 299 5
(2) AN INDIVIDUAL IS NOT CIVILLY LIABLE FOR A NY ACT OR OMISSION 1
IF: 2
(I) THE INDIVIDUAL IS ACT ING IN GOOD FAITH WH ILE 3
RENDERING AUTOMATED EXTERNAL DEFIBRILLAT ION TO ANOTHER INDIVIDUA L 4
WHO IS A VICTIM OR R EASONABLY BELIEVED B Y THE INDIVIDUAL TO BE A VICTIM OF 5
A SUDDEN CARDIAC ARR EST; 6
(II) THE ASSISTANCE OR AID IS PROVIDED IN A REA SONABLY 7
PRUDENT MANNER ; AND 8
(III) THE AUTOMATED EXTERNA L DEFIBRILLATION IS PROVIDED 9
WITHOUT FEE OR OTHER COMPENSATION ; AND 10
(3) A GROCERY STORE , RESTAURANT , OR INDIVIDUAL IS NOT CIVILLY 11
LIABLE FOR FAILING T O RENDER AUTOMATED E XTERNAL DEFIBRILLATI ON TO AN 12
INDIVIDUAL WHO IS A VICTIM OR IS REASONA BLY BELIEVED TO BE A VICTIM OF A 13
SUDDEN CARDIAC ARREST . 14
(C) (E) THE DEPARTMENT AND THE MARYLAND INSTITUTE FOR 15
EMERGENCY MEDICAL SERVICES SYSTEMS JOINTLY SHALL ADOPT REGULATIONS 16
THAT: 17
(1) ESTABLISH GUIDELINES FOR PERIODIC INSPECT IONS AND 18
ANNUAL MAINTENANCE O F THE AUTOMATED EXTE RNAL DEFIBR ILLATORS; AND 19
(2) ASSIST THE OWNER AND OPERATOR OF A FOOD SERVICE FACILIT Y 20
GROCERY STORE OR RES TAURANT IN CARRYING OUT THE PROVISIONS OF THIS 21
SECTION. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2023. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.