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SENATE BILL No. 152

Citations Affected: IC 24-4-15.

Synopsis: Automated external defibrillators in health clubs. Provides that a defibrillator is not required to be located within the premises of certain health clubs. Removes a requirement for a specific cardiopulmonary resuscitation course related to defibrillators in health clubs. Specifies the fire department responsible for inspection of a health club for compliance with defibrillator requirements. (The introduced version of this bill was prepared by the health finance commission.)

Effective: July 1, 2008.

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Miller

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    January 8, 2008, read first time and referred to Committee on Health and Provider Services.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2007 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

SOURCE: IC 24-4-15-5; (08)IN0152.1.1. -->     SECTION 1. IC 24-4-15-5, AS ADDED BY P.L.129-2007, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. An owner or operator of a health club shall do the following:
        (1) Ensure that a defibrillator is:
             (A) located on the health club premises and is easily accessible to the health club staff, members, and guests; or
            (B) if:
                (i) the health club is located on the premises of a business of which the health club is a part; and
                (ii) the business has an emergency response team;
            located on the premises of the business and easily accessible to the emergency response team.
        (2) Employ at least one (1) individual who:
            (A) has satisfactorily completed a course approved by the American Red Cross or the American Heart Association consistent with the most current national guidelines for;

and
            (B) is currently certified in;
        cardiopulmonary resuscitation and defibrillator use.
        (3) Reasonably ensure that at least one (1) individual described under in subdivision (2) is on the health club premises when staff is present at the health club during the health club's business hours.
        (4) A health club that is not staffed must have the following on the premises:
            (A) A telephone for 911 telephone call access.
            (B) A sign in plain view containing an advisory warning that indicates that members of the unstaffed health spa club should be aware that working out alone may pose risks to the a health spa club member's health and safety.
            (C) A sign in plain view providing instruction in the use of the automated external defibrillator and in cardiopulmonary resuscitation.
        (5) Ensure compliance with the requirements set forth in IC 16-31-6.5.
        (6) Post a sign at each entrance to the health club that indicates the location of each defibrillator.

SOURCE: IC 24-4-15-7; (08)IN0152.1.2. -->     SECTION 2. IC 24-4-15-7, AS ADDED BY P.L.129-2007, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 7. (a) The:
         (1) state department and the division of fire and building safety may inspect a health club at any time:
            (1) (A) according to rules adopted by the state department; or
            (2) (B) in response to a filed complaint alleging noncompliance with this chapter; and
        (2) fire department that serves the area in which a health club is located shall inspect the health club for compliance with this chapter if the health club is inspected as part of an inspection program under IC 36-8-17-8.
    (b) A fire department may inspect a health club for compliance with this chapter as part of an inspection program under IC 36-8-17-8.