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. Italics indicate opposite chamber/conference committee amendments. *sb0369* SENATE BILL 369 J1 (5lr2590) ENROLLED BILL — Education, Energy, and the Environment/Ways and Means — Introduced by Senator Watson Senators Watson, Attar, Augustine, Brooks, Carozza, Feldman, Hester, Kagan, Simonaire, and M. Washington Read and Examined by Proofreaders: _______________________________________________ Proofreader. _______________________________________________ Proofreader. Sealed with the Great Seal and presented to the Governor, for his approval this _______ day of _______________ at ________________________ o’clock, ________M. ______________________________________________ President. CHAPTER ______ 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 comply with the Public Access Automated 7 External Defibrillator Program; granting certain immunities to libraries and 8 individuals for certain acts or omissions under certain circumstances; altering the 9 definition of “facility” for the purpose of excluding certain libraries from the Public 10 Access Automated External Defibrillator Program; requiring the Maryland 11 Department of Health and the Maryland Institute for Emergency Medical Services 12 Systems jointly to adopt certain regulations; and generally relating to an automated 13 external defibrillator program for libraries. 14 2 SENATE BILL 369 BY repealing and reenacting, with without amendments, 1 Article – Education 2 Section 13–517(a) 13–517(a)(1) and (2) 3 Annotated Code of Maryland 4 (2022 Replacement Volume and 2024 Supplement) 5 BY adding to 6 Article – Education 7 Section 23–102.2 8 Annotated Code of Maryland 9 (2022 Replacement Volume and 2024 Supplement) 10 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 That the Laws of Maryland read as follows: 12 Article – Education 13 13–517. 14 (a) (1) In this section the following words have the meanings indicated. 15 (2) “Automated external defibrillator (AED)” means a medical heart 16 monitor and defibrillator device that: 17 (i) Is cleared for market by the federal Food and Drug 18 Administration; 19 (ii) Recognizes the presence or absence of ventricular fibrillation or 20 rapid ventricular tachycardia; 21 (iii) Determines, without intervention by an operator, whether 22 defibrillation should be performed; 23 (iv) On determining that defibrillation should be performed, 24 automatically charges; and 25 (v) 1. Requires operator intervention to deliver the electrical 26 impulse; or 27 2. Automatically continues with delivery of electrical 28 impulse. 29 (3) “Certificate” means a certificate issued by the EMS Board to a 30 registered facility. 31 SENATE BILL 369 3 (4) (i) “Facility” means an agency, an association, a corporation, a firm, 1 a partnership, or any other entity. 2 (ii) “Facility” does not include [a]: 3 1. A grocery store or restaurant that is subject to § 4 21–330.3 of the Health – General Article; OR 5 2. A LIBRARY THAT IS SUBJ ECT TO § 23–102.2 OF THIS 6 ARTICLE. 7 (5) “Jurisdictional emergency medical services operational program” 8 means the institution, agency, corporation, or other entity that has been approved by the 9 EMS Board to provide oversight of emergency medical services for each of the local 10 government and State and federal emergency medical services programs. 11 (6) “Program” means the Public Access Automated External Defibrillator 12 Program. 13 (7) “Regional administrator” means the individual employed by the 14 Institute as regional administrator in each EMS region. 15 (8) “Regional council” means an EMS advisory body as created by the Code 16 of Maryland Regulations 30.05. 17 (9) “Regional council AED committee” means a committee appointed by the 18 regional council consisting of: 19 (i) The regional medical director; 20 (ii) The regional administrator; and 21 (iii) Three or more individuals with knowledge of and expertise in 22 AEDs. 23 (10) “Registered facility” means an organization, a business association, an 24 agency, or any other entity that meets the requirements of the EMS Board for registering 25 with the Program. 26 23–102.2. 27 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 28 INDICATED. 29 4 SENATE BILL 369 (2) “AUTOMATED EXTERNAL DE FIBRILLATOR (AED)” MEANS A HAS 1 THE MEANING STATED I N § 13–517 OF THIS ARTICLE. MEDICAL HEART MONITO R AND 2 DEFIBRILLATOR DEVICE THAT: 3 (I) IS CLEARED FOR MARKET BY THE FEDERAL FOOD AND 4 DRUG ADMINISTRATION ; 5 (II) RECOGNIZES THE PRESENCE OR ABSENCE OF 6 VENTRICULAR FIBRILLA TION OR RAPID VENTRI CULAR TACHYCARDIA ; 7 (III) DETERMINES, WITHOUT INTERVENTION BY AN OPERATOR , 8 WHETHER DEFIBRILLATI ON SHOULD BE PERFORM ED; 9 (IV) ON DETERMINING THAT D EFIBRILLATION SHOULD BE 10 PERFORMED , AUTOMATICALLY CHARGE S; AND 11 (V) 1. REQUIRES OPERATOR INT ERVENTION TO DELIVER 12 THE ELECTRICAL IMPUL SE; OR 13 2. AUTOMATICALLY CONTINU ES WITH DELIVERY OF THE 14 ELECTRICAL IMPULSE . 15 (3) (I) “LIBRARY” INCLUDES: 16 1. THE STATE LIBRARY RESOURCE CENTER; 17 2. A REGIONAL RESOURCE CE NTER; 18 3. A CORRECTIONAL FACILIT Y LIBRARY; 19 4. 3. A COUNTY LIBRARY SYSTE M AND THE ENOCH PRATT 20 FREE LIBRARY IN BALTIMORE; 21 5. 4. THE MARYLAND STATE LIBRARY FOR THE BLIND 22 AND PRINT DISABLED; 23 6. 5. THE MARYLAND DEAF CULTURE DIGITAL LIBRARY; 24 AND 25 7. 6. A METROPOLITAN COOPERA TIVE SERVICE PROGRAM 26 MEANS: 27 1. EACH BRANCH OF A COUN TY LIBRARY SYSTEM ; OR 28 SENATE BILL 369 5 2. THE ENOCH PRATT FREE LIBRARY. 1 (II) “LIBRARY” DOES NOT INCLUDE A: 2 1. A SCHOOL LIBRARY MEDIA PROGRAM ESTABLISHED 3 BY A LOCAL SCHOOL SY STEM; 4 2. A MOBILE LIBRARY UNIT ; OR 5 3. A CORRECTIONAL FACILIT Y LIBRARY. 6 (B) BEGINNING JANUARY 1, 2026, EACH OPERATOR OF A LIBRARY SHALL : 7 (1) PLACE AN AUTOMATED EX TERNAL DEFIBRILLATOR IN A 8 PROMINENT AREA, ACCESSIBLE TO EMPLOY EES AND LIBRARY USER S; 9 (2) COMPLY WITH § 13–517 OF THIS ARTICLE; AND 10 (2) (3) MAINTAIN THE FUNCTION ALITY OF THE AUTOMAT ED 11 EXTERNAL DEFIBRILLAT OR; AND 12 (3) ENSURE THAT AN INDIVI DUAL TRAINED IN THE OPERATION OF 13 THE AUTOMATED EXTERNAL DEFIBRILLAT OR IS PRESENT AT ANY TIME DURING 14 WHICH THE LIBRARY IS OPEN TO USE. 15 (C) IN ADDITION TO ANY OT HER IMMUNITIES AVAIL ABLE UNDER 16 STATUTORY OR COMMON LAW: 17 (1) A LIBRARY IS NOT CIVIL LY LIABLE FOR ANY AC T OR OMISSION IN 18 THE PROVISION OF AUTOMATED EXTERNAL D EFIBRILLATION IF THE LIBRARY HAS 19 SATISFIED THE REQUIR EMENTS UNDER THIS SE CTION; 20 (2) AN INDIVIDUAL IS NOT CIVILLY LIABLE FOR A NY ACT OR 21 OMISSION IF: 22 (I) THE INDIVIDUAL IS ACT ING IN GOOD FAITH WH ILE 23 RENDERING AUTOMATED EXTERNAL DEFIBRILLATION TO AN OTHER INDIVIDUAL 24 WHO IS THE VICTIM OR IS REASONABLY BELIEV ED BY THE INDIVIDUAL TO BE A 25 VICTIM OF A SUDDEN C ARDIAC ARREST ; 26 (II) THE ASSISTANCE OR AID IS PROVIDED IN A REA SONABLY 27 PRUDENT MANNER ; AND 28 6 SENATE BILL 369 (III) THE AUTOMATED EXTERNA L DEFIBRILLATION IS PROV IDED 1 WITHOUT FEE OR OTHER COMPENSATION ; AND 2 (3) A LIBRARY OR INDIVIDUA L IS NOT CIVILLY LIA BLE FOR FAILING 3 TO RENDER AUTOMATED EXTERNAL DEFIBRILLAT ION TO AN INDIVIDUAL WHO IS A 4 VICTIM OR IS REASONA BLY BELIEVED TO BE A VICTIM OF A SUDD EN CARDIAC 5 ARREST. 6 (D) THE MARYLAND DEPARTMENT OF HEALTH AND THE MARYLAND 7 INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS JOINTLY SHALL ADOPT 8 REGULATIONS THAT : 9 (1) ESTABLISH GUIDELINES FOR PERIODIC INSPECT IONS AND 10 ANNUAL MAINTENANCE O F THE AUTOMATED EXTERNAL DEFIBRILLAT ORS; 11 (2) ASSIST THE OPERATOR O F A LIBRARY IN CARRY ING OUT THE 12 PROVISIONS OF THIS S ECTION; AND 13 (3) REQUIRE EACH LIBRARY SUBJECT TO THIS SECT ION TO REGISTER 14 WITH THE MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS 15 IN ORDER TO: 16 (I) MAKE ITS LOCATION PUB LICLY AVAILABLE TO E MERGENCY 17 DISPATCHERS ; AND 18 (II) RECEIVE MAINTENANCE A ND RECALL NOTICES FR OM THE 19 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS. 20 SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 21 2026, the Maryland Institute for Emergency Medical Services Systems shall report to the 22 Senate Committee on Education, Energy, and the Environment and the House Economic 23 Matters Ways and Means Committee, in accordance with § 2–1257 of the State Government 24 Article, on: 25 (1) the libraries that registered automated external defibrillators in 26 accordance with regulations adopted under § 23–102.2 of the Education Article, as enacted 27 by Section 1 of this Act; and 28 (2) the number of adverse cardiac events that required the use of an 29 automated external defibrillator experienced in the libraries that registered the automated 30 external defibrillators. 31 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 32 October 1, 2025. 33