PRINTER'S NO. 3823
No. 2602 Session of 2004
INTRODUCED BY COSTA, MANN, SOLOBAY, CAWLEY, BEBKO-JONES,
CORRIGAN, DeWEESE, GEIST, KILLION, PISTELLA, WASHINGTON,
WOJNAROSKI, YOUNGBLOOD, SCAVELLO AND FRANKEL, MAY 10, 2004
REFERRED TO COMMITTEE ON JUDICIARY, MAY 10, 2004
AN ACT
1 Providing for automated external defibrillators at golf courses,
2 for civil immunity and for a sales and use tax exemption.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Golf Course
7 Medical Emergency Preparedness Act.
8 Section 2. Purpose and intent.
9 The General Assembly finds and declares as follows:
10 (1) More than 250,000 Americans die each year from
11 sudden cardiac arrest.
12 (2) However, according to the American Heart
13 Association, more than 20,000 of these lives could be saved
14 each year by prompt use of an automated external
15 defibrillator.
16 (3) For this reason, the near availability of an
17 automated external defibrillator is critical to protecting
1 lives in locations where emergency personnel are not likely
2 to arrive in time.
3 (4) Private and public golf courses should be required
4 to maintain at least one automated external defibrillator on
5 their premises at all times.
6 (5) Golf courses and users of such equipment at golf
7 courses should receive immunity from civil damages for any
8 acts or omissions in using an automated external
9 defibrillator.
10 (6) The purchase of automated external defibrillators
11 should be excluded from the sales and use tax in order to
12 ease the financial burden of complying with this act.
13 Section 3. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Automated external defibrillator" or "AED." A portable
18 device which uses electric shock to restore a stable heart
19 rhythm to an individual in cardiac arrest.
20 "Department." The Department of Health of the Commonwealth.
21 "Emergency." A situation where an individual is believed to
22 be in cardiac arrest and in need of immediate medical attention
23 to prevent death or serious injury.
24 "Good faith." This term includes a reasonable opinion that
25 the immediacy of the situation is such that the use of an
26 automated external defibrillator should not be postponed until
27 emergency medical services personnel arrive or the person
28 needing emergency medical services is hospitalized.
29 Section 4. Automated external defibrillator required.
30 (a) General rule.--Every public and private golf course
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1 shall have at least one AED on the facility's premises at all
2 times. The department shall adopt rules and regulations to
3 ensure coordination with local emergency medical services
4 departments regarding the placement and use of AEDs at golf
5 courses. The department may adopt rules and regulations
6 requiring a facility to have more than one AED on the premises,
7 based on factors that include, but need not be limited to, the
8 following:
9 (1) The size of the facility.
10 (2) The number of persons using the facility.
11 (b) Testing and maintenance.--Every golf course must ensure
12 that every AED on the facility's premises is properly tested and
13 maintained in accordance with rules and regulations adopted by
14 the department.
15 Section 5. Economic incentives.
16 (a) General rule.--The department shall work, in
17 consultation with golf courses and manufacturers and
18 distributors of AEDs, to develop a procedure by which two or
19 more facilities may submit a joint bid for the purchase of AEDs
20 in order to maximize their purchasing power.
21 (b) Sales and use tax exclusion.--The purchase or sale at
22 retail of an AED by an owner or operator of a golf course for
23 compliance with this act shall be excluded from the sales and
24 use tax imposed under section 202 of the act of March 4, 1971
25 (P.L.6, No.2), known as the Tax Reform Code of 1971.
26 Section 6. Inspections.
27 The department shall inspect a golf course in response to a
28 complaint filed with the department alleging a violation of this
29 act. For the purpose of ensuring compliance with this act, the
30 department may inspect a golf course at other times in
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1 accordance with rules and regulations of the department.
2 Section 7. Penalties for violations.
3 The owner or operator of a golf course that violates this act
4 shall be subject to a civil fine, to be imposed by the
5 department, in the following amounts:
6 (1) At least $250 but less than $500 for the first
7 violation.
8 (2) At least $500 but less than $1,000 for the second
9 violation.
10 (3) At least $1,000 for the third or subsequent
11 violation.
12 Section 8. Civil immunity.
13 (a) Owner or operator.--The owner or operator of a golf
14 course that acquires and maintains an AED for use in accordance
15 with this act shall not be liable for civil damages provided
16 that the owner or operator:
17 (1) Maintains and tests the AED according to the
18 manufacturer's operational guidelines.
19 (2) Assures that any appropriate data or information is
20 available to emergency medical services personnel or other
21 health care providers as required.
22 (b) Users of AED.--Any person who in good faith uses an AED
23 in an emergency at a golf course shall not be liable for any
24 civil damages as a result of any acts or omissions by such
25 person in using the AED, except any acts or omissions
26 intentionally designed to harm or any grossly negligent acts or
27 omissions which result in harm to the individual receiving the
28 AED treatment.
29 (c) Construction.--Nothing in this act shall be construed to
30 relieve a person who uses an AED from civil damages when that
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1 person obstructs or interferes with care and treatment being
2 provided by emergency medical services personnel or a health
3 professional.
4 Section 9. Regulations.
5 The department shall adopt rules and regulations to implement
6 this act.
7 Section 10. Effective date.
8 This act shall take effect in 90 days.
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