75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1925
 
                         Senate Bill 556
 
Sponsored by Senators HASS, KRUSE; Senators ATKINSON, BATES,
  GIROD, MONNES ANDERSON, Representatives BARKER, GREENLICK,
  MAURER, READ, ROBLAN
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires certain places of public assembly to have automated
external defibrillator and that owner of place of public assembly
ensures that staff person trained in use of automated external
defibrillator is present when place of public assembly is open to
public.
 
                        A BILL FOR AN ACT
Relating to automated external defibrillators; creating new
  provisions; and amending ORS 30.802.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section, 'place of public
assembly' means a facility where:
  (a) The public congregates for purposes such as deliberation,
shopping, entertainment, amusement or awaiting transportation; or
  (b) Business activities are conducted.
  (2) Notwithstanding ORS 431.680 (3)(b), if a place of public
assembly accommodates 500 or more persons, the owner of the place
of public assembly shall have on the premises at least one
automated external defibrillator.
  (3) When a place of public assembly required by subsection (2)
of this section to have an automated external defibrillator is
open to the public, the owner of the place of public assembly
shall ensure that a staff person trained in the use of the
automated external defibrillator is present.
  (4) Subsections (2) and (3) of this section do not apply to:
  (a) Any facility owned by a school district, education service
district, private school or public charter school; or
  (b) Any facility primarily used for worship or education
associated with worship. + }
  SECTION 2. ORS 30.802 is amended to read:
  30.802. (1) As used in this section:
  (a) 'Automated external defibrillator' means an automated
external defibrillator approved for sale by the federal Food and
Drug Administration.
  (b) 'Public setting' means a location that is:
  (A) Accessible to members of the general public, employees,
visitors and guests, but that is not a private residence;
  (B) A public school facility as defined in ORS 327.365;
 { - or - }
  (C) A health club as defined in ORS 431.680  { - . - }  { + ;
or
  (D) A place of public assembly as defined in section 1 of this
2009 Act. + }
  (2) A person may not bring a cause of action against another
person for damages for injury, death or loss that result from
acts or omissions involving the use, attempted use or nonuse of
an automated external defibrillator when the other person:
  (a) Used or attempted to use an automated external
defibrillator;
  (b) Was present when an automated external defibrillator was
used or should have been used;
  (c) Provided training in the use of an automated external
defibrillator;
  (d) Is a physician and provided services related to the
placement or use of an automated external defibrillator; or
  (e) Possesses or controls one or more automated external
defibrillators placed in a public setting and reasonably complied
with the following requirements:
  (A) Maintained, inspected and serviced the automated external
defibrillator, the battery for the automated external
defibrillator and the electrodes for the automated external
defibrillator in accordance with guidelines set forth by the
manufacturer.
  (B) Ensured that a sufficient number of employees received
training in the use of an automated external defibrillator so
that at least one trained employee may be reasonably expected to
be present at the public setting during regular business hours.
  (C) Stored the automated external defibrillator in a location
from which the automated external defibrillator can be quickly
retrieved during regular business hours.
  (D) Clearly indicated the presence and location of each
automated external defibrillator.
  (E) Established a policy to call 9-1-1 to activate the
emergency medical services system as soon as practicable after
the potential need for the automated external defibrillator is
recognized.
  (3) The immunity provided by this section does not apply if:
  (a) The person against whom the action is brought acted with
gross negligence or with reckless, wanton or intentional
misconduct;
  (b) The use, attempted use or nonuse of an automated external
defibrillator occurred at a location where emergency medical care
is regularly available; or
  (c) The person against whom the action is brought possesses or
controls one or more automated external defibrillators in a
public setting and the person's failure to reasonably comply with
the requirements described in subsection (2)(e) of this section
caused the alleged injury, death or loss.
  (4) Nothing in this section affects the liability of a
manufacturer, designer, developer, distributor or supplier of an
automated external defibrillator, or an accessory for an
automated external defibrillator, under the provisions of ORS
30.900 to 30.920 or any other applicable state or federal law.
                         ----------