73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
House Bill 3482
Sponsored by COMMITTEE ON HEALTH AND HUMAN SERVICES
CHAPTER ................
AN ACT
Relating to automated external defibrillators; creating new
provisions; repealing ORS 30.801; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (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 section 4 of this
2005 Act; or
(C) A health club as defined in section 6 of this 2005 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.
Enrolled House Bill 3482 (HB 3482-A) Page 1
(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. + }
SECTION 2. { + Section 1 of this 2005 Act applies to causes of
action arising on or after the effective date of this 2005
Act. + }
SECTION 3. { + Section 4 of this 2005 Act shall be known as
the Graeme Jones and Eddie Barnett Memorial Act. + }
SECTION 4. { + (1) As used in this section, 'public school
facility' means a building or premanufactured structure used by a
school district or public charter school to provide educational
services to children.
(2) In addition to those moneys distributed through the State
School Fund, the Department of Education may award grants to
school districts and public charter schools to provide automated
external defibrillators in public school facilities.
(3) The goal of the grant program is to provide automated
external defibrillators in at least two public school facilities
in each school district.
(4) Each school district and public charter school may apply
for a grant under this section. The amount of any grant received
by a school district or public charter school under this section
may not exceed 60 percent of the actual costs for which grant
funds may be used under subsection (5) of this section.
(5) Any school district or public charter school that receives
grant funds under this section shall use the funds for:
(a) Purchasing or leasing automated external defibrillators to
be placed in public school facilities;
(b) Providing training to school district and public charter
school employees and volunteers on the use of automated external
defibrillators; and
(c) Any other expense related to providing automated external
defibrillators in public school facilities if the expense is
approved by the Department of Education.
(6) The State Board of Education may adopt rules:
(a) To establish criteria for awarding grants based on the goal
set forth in subsection (3) of this section;
(b) To determine the amount of each grant pursuant to
subsection (4) of this section; and
(c) That are necessary for the administration of this section.
Enrolled House Bill 3482 (HB 3482-A) Page 2
(7) The Department of Education shall seek federal grant funds
for the purposes of the grant program.
(8) For purposes of the grant program, the Department of
Education may accept contributions of funds and assistance from
the United States Government and its agencies or from any other
source, public or private, and agree to conditions placed on the
funds not inconsistent with the purposes of the grant program.
(9) All funds received by the Department of Education under
this section shall be paid into the Department of Education
Account established in ORS 326.115 to the credit of the grant
program. + }
SECTION 5. { + Section 6 of this 2005 Act shall be known as
the Kirk Spencer Memorial Act. + }
SECTION 6. { + (1) As used in this section, 'health club'
means an indoor facility:
(a) With the primary purpose of offering exercise or athletic
activities that patrons or members may participate in for a fee;
and
(b) That typically has at the facility on a regular business
day 100 or more persons who are employees, patrons or members
participating in the exercise or athletic activities offered at
the facility.
(2) The owner of a health club shall have on the premises at
all times at least one automated external defibrillator.
(3) Subsection (2) of this section does not apply to:
(a) Any facility owned by an education service district, public
charter school or school district; or
(b) Any facility owned by a hotel as defined in ORS
699.005. + }
SECTION 7. { + Section 6 of this 2005 Act becomes operative on
July 1, 2006. + }
SECTION 8. { + ORS 30.801 is repealed. + }
SECTION 9. { + The repeal of ORS 30.801 by section 8 of this
2005 Act does not affect any causes of action arising before the
effective date of this 2005 Act. + }
SECTION 10. { + This 2005 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2005 Act takes effect on
its passage. + }
----------
Passed by House May 31, 2005
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 27, 2005
...........................................................
President of Senate
Enrolled House Bill 3482 (HB 3482-A) Page 3
Received by Governor:
......M.,............., 2005
Approved:
......M.,............., 2005
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2005
...........................................................
Secretary of State
Enrolled House Bill 3482 (HB 3482-A) Page 4