Rhode Island

(a) No person, whether acting in an official capacity or as a private volunteer, who gratuitously renders emergency assistance in the nature of cardiopulmonary resuscitation or automated external defibrillation to a person in need thereof, shall be liable for civil damages for any personal injuries which result from acts or omissions by such persons rendering the emergency care, which may constitute ordinary negligence; provided, however, that this immunity applies only to persons who have been trained in accordance with standards promulgated by either the American heart association or the American national red cross. This immunity does not apply to acts or omissions constituting gross, willful, or wanton negligence. This immunity shall also extend to persons providing approved training in cardiopulmonary resuscitation and use of automated external defibrillation in accordance with standards promulgated by either the American heart association or the American national red cross and to physicians providing medical direction oversight for programs of automated external defibrillator use.

(b) Property lessees and owners where the emergency assistance occurs as well as the owners of the actual life saving equipment shall enjoy immunity from liability.

(a) Every health club registered with the department of attorney general pursuant to this chapter shall have at least one automated external defibrillator (AED) on the premises. The AED will at all times be deployed in a manner in which best provides accessibility to staff, members and guests. At least one employee per shift must be properly trained by the American Heart Association or comparable state recognized agency in cardiopulmonary resuscitation (CPR) and AED, and must be on duty during hours of operation.

(b) Any facility that has a health club on premises that currently complies with all parts within this act shall be exempted from duplication.

(c) A cause of action against a health club or its employees, in connection with the use or nonuse of an AED, shall not exist except in cases where the health club has failed to purchase an AED as required under this act and in cases of willful or wanton negligence.

(d) A knowing or willful violation of this section by a health club may result in suspension or revocation of its registration.

(e) Any health club which operates a facility on a key pass basis with no attending employees at anytime is exempt from the trained employee on duty requirement set forth in subsection (a) herein of this section.

(a) Legislative findings:

(1) Approximately three hundred twenty-five thousand (325,000) Americans suffer sudden cardiac arrest (“SCA”) each year and more than ninety-five percent (95%) of them die before reaching the hospital;

(2) In the population of Rhode Island, an estimated one thousand (1,000) residents will die of cardiac arrest every year;

(3) No official statistics have been gathered about SCA in children, however experts estimate about three hundred (300) deaths because of SCA every year for people under the age of twenty-one (21) or about one tenth of one percent (.001%);

(4) This means that at least one person under the age of twenty-one (21) years, most likely a student, will die due to athletics related SCA every year in Rhode Island;

(5) If defibrillation is performed within five (5) to seven (7) minutes, chances of survival are increased by forty-nine percent (49%). Every minute that goes by without defibrillation reduces the chance of survival by seven percent (7%) to ten percent (10%);

(6) Automated external defibrillators (AEDs) are extremely accurate computerized devices that can be operated by the average person;

(7) AEDs are inexpensive and grants for AEDs are mostly given to nonprofit organizations, such as schools; and

(8) AEDs can be acquired through grants from various organizations or through government agencies.

(b) All high schools and middle schools, whether they are public or privately run, shall provide and maintain on-site functional automated external defibrillators (AEDs) in quantities and types, deemed by the commissioner of education, in consultation with the director of health, to be adequate to ensure ready and appropriate access for use during emergencies. Whenever school facilities are used for school-sponsored or school-approved curricular or extracurricular activities, and whenever a school-sponsored athletic contest is held at any location, the school officials and administrators responsible for such school facility or athletic contest shall ensure the presence of at least one person who is properly trained in the operation and use of an AED. Such training may be conducted by qualified personnel, including, but not limited to, municipal fire and police department employees.

(a) The department of elementary and secondary education shall develop and prescribe a cardiopulmonary resuscitation (CPR) training course for public school students in the state. The course shall be established in accordance with the requirements and criteria obtained from the Red Cross and/or the American Heart Association and the director of the department of health.

(b) The department of elementary and secondary education shall promulgate course guidelines including the age or grade level of pupils required to receive cardiopulmonary resuscitation (CPR) training. This shall at a minimum include psychomotor skill-based cardiopulmonary resuscitation (CPR) training and an overview of automated external defibrillator(AED) use for all high school students prior to graduation. “Psychomotor skill” is defined as the use of hands-on practicing to support cognitive learning. Cognitive-only training does not qualify. Formal certification is not required.

(c) The school committees of the several cities, towns, and school districts shall provide for the incorporation of the course in training in existing health education courses. The department of elementary and secondary education shall establish a procedure for monitoring adherence to this section.

On or after September 30, 1998, the Rhode Island municipal police academy, after consultation with the coalition for public safety defibrillators shall provide two (2) defibrillators for distribution to each and every city or town in the state, one defibrillator to the State House, one defibrillator to each campus of the University of Rhode Island, one defibrillator to Rhode Island College and one defibrillator to each campus of the Community College of Rhode Island on or after July 1, 1999, thirty-five (35) defibrillators shall be provided to the Rhode Island state police; two (2) defibrillators to the Licht Judicial Complex, two (2) defibrillators to the Garrahy Judicial Complex, two (2) defibrillators to the Kent County Leighton Judicial Complex, one defibrillator to the Washington County McGrath Judicial Complex, one defibrillator to the Newport County Murray Judicial Complex and fifty (to) “automated external defibrillators to” cities or towns within the state based upon current deployment levels of automated external defibrillators, population and geographic need. These devices shall be placed in the possession of the chief and/or the highest ranking member of the municipality's police department, the Rhode Island state police, the capitol police in the State House, the sheriff's department in each county judicial complex, the director of public safety or the chief of the campus police at the University of Rhode Island, the director of public safety or the chief of the department of security and safety at Rhode Island College, the director of public safety or the chief of campus police at the Community College of Rhode Island or the Rhode Island state police in those municipalities where the state police provide law enforcement service, to be deployed by said officer in the manner in which he or she determines will best promote the availability of and access to the defibrillator by the general public. Provided that one or both defibrillators may be deployed to the municipality's fire department if the police chief determines that such deployment would best promote the intent and purpose of this chapter. These defibrillator will at all times be deployed and used in accordance with all applicable federal and state statutes. The Rhode Island municipal police academy will, in consultation with the coalition for public safety defibrillation, also provide training in cardiopulmonary resuscitation and automated external defibrillator use for all law enforcement personnel serving the municipalities and agencies referenced above to which automated external defibrillators have been provided.

(1) Approximately three hundred twenty-five thousand (325,000) Americans suffer sudden cardiac arrest ("SCA") each year and more than ninety-five percent (95%) of them die before reaching the hospital;

(2) In the population of Rhode Island, an estimated one thousand (1,000) residents will die of cardiac arrest every year;

(3) Facilities that host large numbers of visitors are more likely to experience an event which requires an automated external defibrillator ("AED");

(4) If defibrillation is performed within five (5) to seven (7) minutes, chances of survival are increased by forty-nine percent (49%). Every minute that goes by without defibrillation reduces the chance of survival by seven percent (7%) to ten percent (10%);

(5) Automated external defibrillators (AEDs) are extremely accurate computerized devices that can be operated by the average person; and

(6) Automated external defibrillators (AEDs) can be acquired through grants from various organizations or through government agencies.

(a) As used in this chapter, "public place" means an enclosed area capable of holding three hundred (300) people or more and to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, government offices, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility.

(b) Notwithstanding the provisions contained in §§5-50-12 or 16-21-33.1 relating to automated external defibrillators in health clubs and schools, any person who owns or operates a public place as defined in subsection (a) of this section shall provide and maintain:

(1) On-site functional automated external defibrillators (AEDs) in quantities and types, deemed by the director of health, to be adequate to ensure ready and appropriate access for use during emergencies; and

(2) At least one person who is properly trained in the operation and use of an AED. Training required by this chapter may be conducted by qualified personnel, including, but not

limited to, municipal fire and police department employees.

The director of health is hereby authorized to adopt, modify, repeal, or promulgate rules and regulations necessary to implement the provisions of this section.