PRINTER'S NO. 2005
No. 1571 Session of 1985
INTRODUCED BY GRUPPO, SEMMEL, TELEK, OLIVER, WILSON, MOWERY,
BOOK, BURD, O'BRIEN, PERZEL, WOGAN, KENNEY, BLACK, ANGSTADT,
BUSH, MERRY, DONATUCCI, JOSEPHS AND CARN, JUNE 28, 1985
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JUNE 28, 1985
AN ACT
1 Amending the act of May 23, 1945 (P.L.926, No.369), entitled "An
2 act for the protection of the public health by regulating the
3 conduct and operation of public eating and drinking places
4 within this Commonwealth; requiring their licensing; imposing
5 certain duties on the Department of Health of this
6 Commonwealth and on the local health authorities; and
7 providing penalties," providing for the display of a placard
8 and for legal duties and liabilities relating to choking
9 emergencies.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The act of May 23, 1945 (P.L.926, No.369),
13 referred to as the Public Eating and Drinking Place Law, is
14 amended by adding a section to read:
15 Section 9.1. (a) As used in this section, the term "public
16 eating or drinking place" means any establishment serving food
17 to the public for consumption on the premises. The term shall
18 not include establishments operated on a temporary basis by
19 charitable or nonprofit organizations.
20 (b) In every public eating or drinking place there shall be
21 displayed a placard describing first aid techniques which should
1 be administered to a person who has food particles lodged in his
2 throat and is choking. The placard shall be displayed in a place
3 or places where the proprietor and employes or patrons can
4 become familiar with the approved first aid techniques.
5 (c) The placard shall be of a size and design suitable for
6 public posting and shall be approved by the Department of Health
7 in the manner provided in the act of July 31, 1968 (P.L.769,
8 No.240), referred to as the Commonwealth Documents Law, and as
9 otherwise provided by law for the promulgation of regulations.
10 (d) Nothing contained in this section or otherwise shall
11 impose any duty or obligation of any proprietor, employe or
12 other person to remove, assist in removing or attempt to remove
13 food from the throat of the victim of a choking emergency.
14 (e) A proprietor, employe or other person who voluntarily
15 and without expectation of monetary compensation removes,
16 assists in removing or attempts to remove food from the throat
17 of the victim of a choking emergency shall not be liable for
18 damages for injuries alleged to have been sustained by such
19 victim unless it is established that such injuries were, or such
20 death was, caused by gross negligence on the part of such
21 proprietor, employe or person.
22 Section 2. This act shall take effect in 120 days.
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