HEALTH CLUB EMERGENCY PROCEDURES S.B. 310 (S-1): FIRST ANALYSIS
Senate Bill 310 (Substitute S-1 as passed by the Senate)
Sponsor: Senator Gilda Z. Jacobs
Committee: Health Policy
Date Completed: 5-17-05
RATIONALE
In recent years, health clubs have gained popularity as the importance of exercise to general health and fitness has been emphasized. These facilities cater to a wide range of people of all ages and fitness levels. While the physical activity engaged in at health clubs is generally beneficial to a person's health, overexertion or exercising improperly can lead to injury or emergency medical situations, such as heart attacks, that require immediate care.
According to the American Heart Association, about 250,000 Americans die each year of sudden cardiac arrest and 95% of cardiac arrest victims die before they reach the hospital. The Heart Association has identified four steps that can increase the chances that a victim will make it to the hospital alive. Each step makes up a link in the "chain of survival", which includes early access to medical care (calling 9-1-1); early cardiopulmonary resuscitation (CPR); early defibrillation; and early advanced medical care. Some people believe that, in order to be prepared for medical emergencies, health clubs should be required to implement an emergency services plan, have staff who are certified in first-aid and CPR training, and have an automated external defibrillator (AED) on-site.
CONTENT
The bill would create a new act to require that health clubs employ at least one individual who was certified in first aid, CPR, and AED use, have an AED on the premises, and develop and implement an emergency plan, or face civil penalties.
Under the bill, "health club" would mean an establishment that provides, as its primary purpose, services or facilities to assist patrons in physical exercise, in weight control, or in figure development, including a fitness center, studio, salon, or club. A health club would not include a hotel or motel providing physical fitness equipment or activities, an organization solely offering training or facilities for an individual sport, or a weight reduction center.
Beginning one year after the bill's effective date, a health club's owner or operator would have to do all of the following:
-- Employ at least one person who had satisfactorily completed a course or courses in basic first aid, basic CPR, and AED use taught by the American Red Cross, the American Heart Association, or an equivalent organization approved by the Department of Community Health.
-- Have on the premises an AED deployed in a manner that provided obvious and ready accessibility to staff, members, and guests.
-- Develop and implement an emergency plan to address emergency services, when needed, during operational hours at the health club.
A violation of the bill would be a State civil infraction punishable by a maximum civil fine of $250 for a first offense, $500 for a second offense, or $1,000 for a third or subsequent offense.
The bill specifies that a person, including a health club owner, operator, or employee,
would not have a duty to render emergency service to an individual using an AED that a health club had on the premises. Additionally, the bill states that it would not limit the applicability of the Good Samaritan law (which provides civil immunity for an individual who has no duty to act but who, in good faith, voluntarily renders emergency services to another individual using CPR or an AED).
ARGUMENTS
(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)
Supporting Argument
According to the American Heart Association, the window of opportunity to save a cardiac arrest victim is about seven to 10 minutes, and a person's chance of survival decreases about 10% for every minute without defibrillation. Unless the "chain of survival" is followed, death likely will occur in a matter of minutes. Calling 9-1-1 provides an initial and immediate link to the emergency medical care system. Properly administering CPR can add a few minutes to the time available for survival because it can maintain blood flow to the heart and brain, even during cardiac arrest. Defibrillation is critical in treating cardiac arrest victims early because the electric shock stops the abnormal rhythm of the heart and allows a coordinated rhythm and normal pumping action to resume.
Being prepared to address an emergency situation can give a person or organization the tools necessary to respond properly in the event of a heart attack or other injury, in virtually any forum. In a health club, overexertion can be risky for people who are trying to become physically fit or even those who are already active and seemingly in good health. Indeed, in June 2000, a Huntington Woods man who was physically fit and appeared to be in good health collapsed and died at a health club. Reportedly, the health club did not have a plan for dealing with such emergencies, beyond calling 9-1-1, and none of the staff was trained in CPR. By requiring that a health club have an emergency plan in place, as well as having an AED on the premises and employing staff trained in CPR and AED use, the bill would provide an increased opportunity to save the life of a health club patron who suffered from cardiac arrest.
Opposing Argument
Health clubs should not be singled out as locations in which emergency plans would have to be implemented and AEDs would have to be available. According to the American Heart Association's Internet website, its "Public Access to Defibrillation" (PAD) program advocates that many facilities, such as sports arenas, gated communities, office complexes, medical offices, and shopping malls, be equipped with AEDs. If health clubs were required to purchase and maintain AEDs, perhaps the same should be required of shopping malls and other facilities identified in the PAD program.
Response: Health clubs are in the business of enhancing personal health and fitness. In a sense, they are on the front-line of health care and should be held to a higher standard than businesses like shopping malls.
Legislative Analyst: Julie Koval
FISCAL IMPACT
The bill would have an indeterminate fiscal impact on State and local government. Any additional fine revenue from the proposed civil infraction would benefit public libraries.
Fiscal Analyst: Bethany WicksallAnalysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb310/0506