EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0369* SENATE BILL 369 J1 5lr2590 CF 5lr0647 By: Senator Watson Introduced and read first time: January 17, 2025 Assigned to: Education, Energy, and the Environment A BILL ENTITLED AN ACT concerning 1 Public Libraries – Automated External Defibrillator Program 2 (Raymono A. Russell Act) 3 FOR the purpose of requiring operators of certain libraries, beginning on a certain date, to 4 place an automated external defibrillator in a certain area, maintain the 5 functionality of the automated external defibrillator, and ensure a trained individual 6 is present under certain circumstances; granting certain immunities to libraries and 7 individuals for certain acts or omissions under certain circumstances; altering the 8 definition of “facility” for the purpose of excluding certain libraries from the Public 9 Access Automated External Defibrillator Program; requiring the Maryland 10 Department of Health and the Maryland Institute for Emergency Medical Services 11 Systems jointly to adopt certain regulations; and generally relating to an automated 12 external defibrillator program for libraries. 13 BY repealing and reenacting, with amendments, 14 Article – Education 15 Section 13–517(a) 16 Annotated Code of Maryland 17 (2022 Replacement Volume and 2024 Supplement) 18 BY adding to 19 Article – Education 20 Section 23–102.2 21 Annotated Code of Maryland 22 (2022 Replacement Volume and 2024 Supplement) 23 SECTION 1. BE IT ENACTED BY THE GENERAL A SSEMBLY OF MARYLAND, 24 That the Laws of Maryland read as follows: 25 Article – Education 26 2 SENATE BILL 369 13–517. 1 (a) (1) In this section the following words have the meanings indicated. 2 (2) “Automated external defibrillator (AED)” means a medical heart 3 monitor and defibrillator device that: 4 (i) Is cleared for market by the federal Food and Drug 5 Administration; 6 (ii) Recognizes the presence or absence of ventricular fibrillation or 7 rapid ventricular tachycardia; 8 (iii) Determines, without intervention by an operator, whether 9 defibrillation should be performed; 10 (iv) On determining that defibrillation should be performed, 11 automatically charges; and 12 (v) 1. Requires operator intervention to deliver the electrical 13 impulse; or 14 2. Automatically continues with delivery of electrical 15 impulse. 16 (3) “Certificate” means a certificate issued by the EMS Board to a 17 registered facility. 18 (4) (i) “Facility” means an agency, an association, a corporation, a firm, 19 a partnership, or any other entity. 20 (ii) “Facility” does not include [a]: 21 1. A grocery store or restaurant that is subject to § 22 21–330.3 of the Health – General Article; OR 23 2. A LIBRARY THAT IS SUBJ ECT TO § 23–102.2 OF THIS 24 ARTICLE. 25 (5) “Jurisdictional emergency medical services operational program” 26 means the institution, agency, corporation, or other entity that has been approved by the 27 EMS Board to provide oversight of emergency medical services for each of the local 28 government and State and federal emergency medical services programs. 29 (6) “Program” means the Public Access Automated External Defibrillator 30 Program. 31 SENATE BILL 369 3 (7) “Regional administrator” means the individual employed by the 1 Institute as regional administrator in each EMS region. 2 (8) “Regional council” means an EMS advisory body as created by the Code 3 of Maryland Regulations 30.05. 4 (9) “Regional council AED committee” means a committee appointed by the 5 regional council consisting of: 6 (i) The regional medical director; 7 (ii) The regional administrator; and 8 (iii) Three or more individuals with knowledge of and expertise in 9 AEDs. 10 (10) “Registered facility” means an organization, a business association, an 11 agency, or any other entity that meets the requirements of the EMS Board for registering 12 with the Program. 13 23–102.2. 14 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 15 INDICATED. 16 (2) “AUTOMATED EXTERNAL DE FIBRILLATOR (AED)” MEANS A 17 MEDICAL HEART MONITO R AND DEFIBRILLATOR DEVICE THAT: 18 (I) IS CLEARED FOR MARKET BY THE FEDERAL FOOD AND 19 DRUG ADMINISTRATION ; 20 (II) RECOGNIZES THE PRESEN CE OR ABSENCE OF 21 VENTRICULAR FIBRILLA TION OR RAPID VENTRI CULAR TACHYCARDIA ; 22 (III) DETERMINES, WITHOUT INTERVENTION BY AN OPERATOR , 23 WHETHER DEFIBRILLATI ON SHOULD BE PERFORMED ; 24 (IV) ON DETERMINING THAT D EFIBRILLATION SHOULD BE 25 PERFORMED , AUTOMATICALLY CHARGE S; AND 26 (V) 1. REQUIRES OPERATOR INT ERVENTION TO DELIVER 27 THE ELECTRICAL IMPUL SE; OR 28 4 SENATE BILL 369 2. AUTOMATICALLY CONTINU ES WITH DELIVERY OF THE 1 ELECTRICAL IMPU LSE. 2 (3) (I) “LIBRARY” INCLUDES: 3 1. THE STATE LIBRARY RESOURCE CENTER; 4 2. A REGIONAL RESOURCE CE NTER; 5 3. A CORRECTIONAL FACILIT Y LIBRARY; 6 4. A COUNTY LIBRARY SYSTE M AND THE ENOCH PRATT 7 FREE LIBRARY IN BALTIMORE; 8 5. THE MARYLAND STATE LIBRARY FOR THE BLIND 9 AND PRINT DISABLED; 10 6. THE MARYLAND DEAF CULTURE DIGITAL LIBRARY; 11 AND 12 7. A METROPOLITAN COOPERA TIVE SERVICE PROGRAM . 13 (II) “LIBRARY” DOES NOT INCLUDE A S CHOOL LIBRARY MEDIA 14 PROGRAM ESTABLISHED BY A LOCAL SCHOOL SY STEM. 15 (B) BEGINNING JANUARY 1, 2026, EACH OPERATOR OF A L IBRARY SHALL: 16 (1) PLACE AN AUTOMATED EX TERNAL DEFIBRILLATOR IN A 17 PROMINENT AREA , ACCESSIBLE TO EMPLOY EES AND LIBRARY USER S; 18 (2) MAINTAIN THE FUNCTION ALITY OF THE AUTOMAT ED EXTERNAL 19 DEFIBRILLATOR ; AND 20 (3) ENSURE THAT AN INDIVI DUAL TRAINED IN THE OPERATION OF 21 THE AUTOMATED EXTERN AL DEFIBRILLATOR IS PRESENT AT ANY TIME DURING 22 WHICH THE LIBRARY IS OPEN TO USE. 23 (C) IN ADDITION TO ANY OT HER IMMUNITIES AVAIL ABLE UNDER 24 STATUTORY OR COMMON LAW : 25 (1) A LIBRARY IS NOT CIVIL LY LIABLE FOR ANY AC T OR OMISSION IN 26 THE PROVISION OF AUT OMATED EXTERNAL DEFI BRILLATION IF THE LI BRARY HAS 27 SATISFIED THE REQUIR EMENTS UNDER THIS SE CTION; 28 SENATE BILL 369 5 (2) AN INDIVIDUAL IS NOT CIVILLY LIABLE FOR A NY ACT OR 1 OMISSION IF: 2 (I) THE INDIVIDUAL IS ACT ING IN GOOD FAITH WH ILE 3 RENDERING AUTOMATED EXTERNAL DEFIBRILLAT ION TO ANOTHER INDIV IDUAL 4 WHO IS THE VICTIM OR IS REASONABLY BELIEV ED BY THE INDIVIDUAL TO BE A 5 VICTIM OF A SUDDEN C ARDIAC ARREST ; 6 (II) THE ASSISTANC E OR AID IS PROVIDED IN A REASONABLY 7 PRUDENT MANNER ; AND 8 (III) THE AUTOMATED EXTERNA L DEFIBRILLATION IS PROVIDED 9 WITHOUT FEE OR OTHER COMPENSATION ; AND 10 (3) A LIBRARY OR INDIVIDUA L IS NOT CIVILLY LIA BLE FOR FAILING 11 TO RENDER AUTOMATED EXTERNAL DEFIBR ILLATION TO AN INDIV IDUAL WHO IS A 12 VICTIM OR IS REASONA BLY BELIEVED TO BE A VICTIM OF A SUDDEN C ARDIAC 13 ARREST. 14 (D) THE MARYLAND DEPARTMENT OF HEALTH AND THE MARYLAND 15 INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS JOINTLY SHALL ADOPT 16 REGULATIONS THAT : 17 (1) ESTABLISH GUIDELINES FOR PERIODIC INSPECT IONS AND 18 ANNUAL MAINTENANCE O F THE AUTOMATED EXTE RNAL DEFIBRILLATORS ; 19 (2) ASSIST THE OPERATOR O F A LIBRARY IN CARRY ING OUT THE 20 PROVISIONS OF THIS S ECTION; AND 21 (3) REQUIRE EACH LIBRARY SUBJECT TO THIS SEC TION TO REGISTER 22 WITH THE MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS 23 IN ORDER TO: 24 (I) MAKE ITS LOCATION PUB LICLY AVAILABLE TO E MERGENCY 25 DISPATCHERS ; AND 26 (II) RECEIVE MAINTENANCE A ND RECALL NOTICES FR OM THE 27 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS. 28 SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 29 2026, the Maryland Institute for Emergency Medical Services Systems shall report to the 30 House Economic Matters Committee, in accordance with § 2–1257 of the State Government 31 Article, on: 32 6 SENATE BILL 369 (1) the libraries that registered automated external defibrillators in 1 accordance with regulations adopted under § 23–102.2 of the Education Article, as enacted 2 by Section 1 of this Act; and 3 (2) the number of adverse cardiac events that required the use of an 4 automated external defibrillator experienced in the libraries that registered the automated 5 external defibrillators. 6 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7 October 1, 2025. 8