By Representatives Garballey of Arlington and Howard of Lowell, a petition (accompanied by bill, House, No. 2424) of Sean Garballey, Vanna Howard and Paul J. Donato relative to health clubs and the use and deployment of defibrillators. Public Health.
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Date
Branch
Action
12/4/2025
House
12/4/2025 HouseCommittee recommended bill ought to pass and referred to the committee on House Ways and Means
7/3/2025
House
7/3/2025 HouseReported favorably by committee and referred to the committee on Health Care Financing
3/24/2025
Joint
3/24/2025 JointHearing scheduled for 04/02/2025 from 09:00 AM-02:00 PM in Gardner Auditorium
2/27/2025
Senate
2/27/2025 SenateSenate concurred
2/27/2025
House
2/27/2025 HouseReferred to the committee on Public Health
Question: Should H2424, An Act requiring automatic external defibrillator devices in health clubs be reported with Recommendation: Ought to pass, report to the House?
An Act requiring automatic external defibrillators in Norfolk County public buildings
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9 section(s) · formatted for easier reading
▸SECTION 1
Section 78 of chapter 93 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 1, the words “section seventy-nine to eighty-eight” and inserting in place thereof the following words:- sections 78A to 88.
▸SECTION 2
Said chapter 93 is hereby further amended by inserting after section 78, as so appearing, the following section:-
▸SECTION 78A
A health club shall have on the premises at least 1 AED, as defined in section 12V½ of chapter 112, and shall have in attendance during staffed business hours at least 1 employee or authorized volunteer as an AED provider, as defined in said section 12V½ of said chapter 112.
▸SECTION 78B
A health club shall have a written emergency response policies and procedures, which shall be reviewed regularly and rehearsed. The written plan should be publicly available to all health club members.
▸SECTION 78C
The location of each AED shall have the following characteristics: secure and easily accessible; well marked, publicized, and known among trained staff; and near a communication line (telephone, radio, etc.) that may be used to contact backup, security, EMS, or 911.
▸SECTION 3
Section 86 of said chapter 93, as so appearing, is hereby amended by adding the following paragraph:-
Absent a showing of gross negligence or willful or wanton misconduct, no cause of action against a health club or its employees may arise in connection with the use or non-use of a defibrillator.
▸SECTION 4
Chapter 112 of the General Laws is hereby amended by striking out section 12V, as so appearing, and inserting in place thereof the following section:-
▸SECTION 12V
Any person, whose usual and regular duties do not include the provision of emergency medical care, and who, in good faith, attempts to render emergency care including, but not limited to, cardiopulmonary resuscitation or defibrillation, and does so without compensation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care.
▸SECTION 5
Sections 1 and 2 of this act shall not apply to a health club, as defined by section 78 of chapter 93 of the General Laws, if that health club employs 5 or fewer full-time equivalent employees, until 2 years after the effective date of this act. Sections 1 and 2 of this act shall not apply to a health club, as so defined by said section 78 of said chapter 93, if that health club employs more than 5 full-time equivalent employees, until 1 year after the effective date of this act. For the purposes of this section, the term “full-time equivalent employee” shall equal 40 labor hours per week.
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SECTION 1. Section 78 of chapter 93 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 1, the words “section seventy-nine to eighty-eight” and inserting in place thereof the following words:- sections 78A to 88.
SECTION 2. Said chapter 93 is hereby further amended by inserting after section 78, as so appearing, the following section:-
Section 78A. A health club shall have on the premises at least 1 AED, as defined in section 12V½ of chapter 112, and shall have in attendance during staffed business hours at least 1 employee or authorized volunteer as an AED provider, as defined in said section 12V½ of said chapter 112.
Section 78B. A health club shall have a written emergency response policies and procedures, which shall be reviewed regularly and rehearsed. The written plan should be publicly available to all health club members.
Section 78C
The location of each AED shall have the following characteristics: secure and easily accessible; well marked, publicized, and known among trained staff; and near a communication line (telephone, radio, etc.) that may be used to contact backup, security, EMS, or 911.
SECTION 3. Section 86 of said chapter 93, as so appearing, is hereby amended by adding the following paragraph:-
Absent a showing of gross negligence or willful or wanton misconduct, no cause of action against a health club or its employees may arise in connection with the use or non-use of a defibrillator.
SECTION 4. Chapter 112 of the General Laws is hereby amended by striking out section 12V, as so appearing, and inserting in place thereof the following section:-
Section 12V. Any person, whose usual and regular duties do not include the provision of emergency medical care, and who, in good faith, attempts to render emergency care including, but not limited to, cardiopulmonary resuscitation or defibrillation, and does so without compensation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care.
SECTION 5. Sections 1 and 2 of this act shall not apply to a health club, as defined by section 78 of chapter 93 of the General Laws, if that health club employs 5 or fewer full-time equivalent employees, until 2 years after the effective date of this act. Sections 1 and 2 of this act shall not apply to a health club, as so defined by said section 78 of said chapter 93, if that health club employs more than 5 full-time equivalent employees, until 1 year after the effective date of this act. For the purposes of this section, the term “full-time equivalent employee” shall equal 40 labor hours per week.