By Mr. Koutoujian of Waltham, petition (accompanied by bill, House, No. 3888) of Peter J. Koutoujian for legislation to require automatic external defibrillators in health and wellness facilities operated by certain charitable organizations. Public Health.

The Commonwealth of Massachusetts

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PETITION OF:

Peter J. Koutoujian

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In the Year Two Thousand and Seven.

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An Act requiring automatic external defibrilators in health and wellness facilities

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Subsection (a) of section 12V1/2 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting, after the definition of an “AED provider”, the following definition:-

“Charitable organization”, a non-profit organization, subject to the provisions of section 6 of chapter 180, whose direct services include health and wellness programming for the community.

SECTION 2. . Said section 12V1/2 of said chapter 112, as so appearing, is further amended by adding the following subsections:-

                (d) a charitable organization shall have on the premises at least 1 AED, as defined in this section, and shall have in attendance during staffed business hours at least 1 employee or authorized volunteer as an AED provider.

                (e) Absent a showing of gross negligence or willful or wanton misconduct, no cause of action against an organization or its employees may arise in connection with the use or non-use of a defibrillator.

SECTION 3.  All organizations addressed within this act shall comply with the provisions of this section by January 31, 2008.