PRINTER'S NO. 1998
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1353
Session of
2022
INTRODUCED BY HAYWOOD, COMITTA, COSTA, GORDNER, BREWSTER,
FONTANA, SCHWANK, TARTAGLIONE AND MUTH, OCTOBER 24, 2022
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
OCTOBER 24, 2022
AN ACT
Amending the act of December 21, 1989 (P.L.672, No.87), entitled
"An act providing for the regulation of health club
contracts; and providing for further duties of the Bureau of
Consumer Protection, the Attorney General and district
attorneys," further providing for employee available to
administer CPR and providing for automated external
defibrillator.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 14(c.1)(1)(ii) and (2)(iii) of the act of
December 21, 1989 (P.L.672, No.87), known as the Health Club
Act, are amended to read:
Section 14. Employee available to administer CPR.
* * *
(c.1) Exception.--A health club that offers services during
nonstaffed hours shall not be subject to the requirements of
subsections (a) and (c) if the health club complies with all of
the following:
(1) Every health club offering health club services
during nonstaffed hours prior to the effective date of this
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subsection shall comply with all of the following:
* * *
(ii) The area specified under subparagraph (i) must
be equipped with all of the following:
[(A) At least one automated external
defibrillator.]
(B) Appropriate signage.
(C) A panic button.
(D) A 911 telephone.
(E) At least four personal security devices.
* * *
(2) Every health club not providing health club services
during nonstaffed hours prior to the effective date of this
subsection that will begin to provide health club services
during nonstaffed hours after the effective date of this
subsection must comply with the following:
* * *
(iii) Obtain a signed waiver from each existing
health club member that:
(A) Explains to the buyer that the health club
may have hours during which it is not staffed.
(B) Explains to the buyer that the health club
is required to have certain safety equipment,
including the location and use of the equipment
required under paragraph (1)(ii) and section 14.1.
(C) Is signed by the buyer acknowledging that
the buyer received all of the instructions of this
subsection regarding the use of the health club
during nonstaffed hours, including the location and
use of the safety equipment.
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(D) Provides instructions to the buyer regarding
the use of the health club during nonstaffed hours of
operation, including the location and use of all
equipment required under paragraph (1)(ii) and
section 14.1.
* * *
Section 2. The act is amended by adding a section to read:
Section 14.1. Automated external defibrillator.
(a) Requirement.--Every health club shall have on the health
club's premises at least one automated external defibrillator
and appropriate signage.
(b) Instructions.--During the orientation of each new buyer,
or at the time of the renewal of an existing health club
membership, the health club shall provide instructions regarding
the use of an automated external defibrillator.
(c) Liability.--
(1) Absent a showing of gross negligence or willful or
wanton misconduct, no cause of action against a health club
or its employees may arise in connection with the use or
nonuse of a defibrillator.
(2) A person who, in good faith, attempts to render
emergency care, including CPR or defibrillation, and does so
without compensation shall not be liable for acts or
omissions, other than gross negligence or willful or wanton
misconduct, resulting from the attempt to render emergency
care.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Appropriate signage." All of the following:
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(1) A sign posted in plain view by each automated
external defibrillator with instructions for its use.
(2) A sign posted in plain view indicating that working
out alone during nonstaffed hours may pose health and safety
risks.
"Automated external defibrillator." A portable device that
uses electric shock to restore a stable heart rhythm to an
individual in cardiac arrest.
"CPR." Cardiopulmonary resuscitation, an approved lifesaving
technique which involves stimulation of the lungs and heart of a
victim of cardiac or pulmonary distress.
"Nonstaffed hours." Any period during which a health club
provides health club services without an employee on the
premises.
Section 3. This act shall take effect in 180 days.
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