SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ELLIS, BARRAR, COHEN, D. COSTA, DONATUCCI, J. EVANS, FABRIZIO, GABLER, GEIST, GODSHALL, HUTCHINSON, KAUFFMAN, M. K. KELLER, LONGIETTI, MAHER, MALONEY, MUSTIO, NEUMAN, SANTONI, SCAVELLO, SWANGER, TAYLOR, THOMAS, WHEATLEY, WHITE, BROOKS AND CALTAGIRONE, JUNE 6, 2011

SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, IN SENATE, AS AMENDED, MARCH 27, 2012   

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.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 14 of the act of December 21, 1989

(P.L.672, No.87), known as the Health Club Act, is amended to

read:

Section 14.  Employee available to administer CPR.

(a)  General rule.--[Every] Except as provided under

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subsection (c.1), every health club shall employ and have on the

health club's premises during the club's hours of operation a

person who is trained and certified to administer CPR.

(b)  Nature of employment.--An employee who is trained and

certified to administer CPR may be hired primarily to fulfill

other functions for the employing health club.

(c)  Number of employees certified.--If a health club is open

for more than eight hours a day and more than five days a week,

it shall employ more than one person who is trained and

certified to administer CPR.

(c.1)  Limited waiver.--

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(1)  Notwithstanding any other provision of this section,

a health club that offers health club services during

nonstaffed hours may submit a written request to the director

for a waiver from compliance with the provisions of this

section during nonstaffed hours.

(2)  The director shall approve a request for a waiver

submitted under this subsection if the director determines

that:

(i)  The portion of the premises in which members are

permitted access during nonstaffed hours consists of not

more than 6,000 square feet that meets requirements of

the municipality in which the health club is located for

being readily accessible to emergency services responders

from the outside of the health club.

(ii)  The area specified under subparagraph (i) is

equipped with an automated external defibrillator and

appropriate signage, a panic button, a 911 telephone and

no less than four personal security devices.

(iii)  During orientation of each new buyer, the

health club provides instructions regarding the use of

the health club during nonstaffed hours, including the

location and use of the equipment required under

subparagraph (ii).

(c.1)  Exception.--A health club that offers services during

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nonstaffed hours shall not be subject to the requirements of

subsection (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

subsection shall comply with all of the following:

(i)  The portion of the premises in which members are

permitted access during nonstaffed hours must meet all of

the following:

(A)  Consist of not more than 6,000 square feet.

(B)  Meet the requirements of the municipality in

which the health club is located concerning

accessibility to emergency services responders from

the outside of the health club.

(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.

(iii)  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 the health club during nonstaffed

hours, including the location and use of all equipment

required under subparagraph (ii).

(iv)  All contracts for a new or renewal membership

to the health club must contain a waiver 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 subparagraph (ii).

(C)  Is signed by the buyer acknowledging that

the buyer received all of the instructions required

under this subsection regarding the use of the health

club during nonstaffed hours, including the location

and use of the safety equipment.

(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:

(i)  Provide notice to all existing buyers of health

club contracts of the intent of the health club to

provide health club services during nonstaffed hours of

operation.

(ii)  Provide notice to all existing buyers of health

club contracts of the hours of operation during which

there will not be an individual on premise who is trained

and certified to administer CPR.

(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).

(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.

(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).

(iv)  Provide notice that this is a material change

in the contract and it may be terminated and a refund

will be provided for the unused portion.

(d)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"911 telephone."  A telephone that does any of the following:

(1)  Allows the person using the telephone to contact a

public safety answering point by dialing or pressing 911.

(2)  Automatically calls a public safety answering point

when a person picks up the handset and activates the

telephone.

"Appropriate signage."  All of the following:

(1)  A sign posted in plain view by each automated

external defibrillator, panic button, 911 telephone and

personal security device with instructions for their 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.

"Emergency services."  Services, including firefighting, law

enforcement, ambulance and medical services, provided for the

protection or preservation of persons or property in

circumstances of immediate and significant threat of injury or

harm.

"Nonstaffed hours."  Any period during which a health club

provides health club services without an employee on the

premises.

"Panic button."  A wall-mounted device that, when

intentionally activated by a person, sends an electronic signal

informing a public safety answering point or a remote monitoring

station that the person is in need of emergency services.

"Personal security device."  A device that is designed to be

worn around the neck of a person and when intentionally

activated by the person, sends an electronic signal informing a

public safety answering point or a remote monitoring station

that the person is in need of emergency services.

"Public safety answering point."  A public safety answering

point as defined in section 2 of the act of July 9, 1990

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(P.L.340, No.78), known as the Public Safety Emergency Telephone

Act 35 Pa.C.S. § 5302 (relating to definitions).

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"Remote monitoring station."  A location staffed 24 hours a

day, seven days a week by trained personnel who contact a public

safety answering point or emergency services responders.

Section 2.  This act shall take effect in 60 days.