Bill Text: PA HB1525 | 2011-2012 | Regular Session | Amended

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Bill Title: Further providing for employee available to administer CPR.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-07-05 - Act No. 106 [HB1525 Detail]

Download: Pennsylvania-2011-HB1525-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NOS. 2023, 3271 PRINTER'S NO. 3714
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1525 Session of2011
INTRODUCED BY ELLIS, BARRAR, COHEN, D. COSTA, DONATUCCI, J. EVANS, FABRIZIO, GABLER, GEIST, GODSHALL, HUTCHINSON, KAUFFMAN, M. K. KELLER, LONGIETTI, MAHER, MALONEY, MUSTIO, NEUMAN, SANTONI, SCAVELLO, SWANGER, TAYLOR, THOMAS, WHEATLEY, WHITE, BROOKS AND CALTAGIRONE, JUNE 6, 2011
SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 11, 2012
AN ACT
Amending the act of December 21, 1989 (P.L.672, No.87), entitled
"An act providing for the regulation of health club
contracts; and providing for further duties of the Bureau of
Consumer Protection, the Attorney General and district
attorneys," further providing for employee available to
administer CPR.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 14 of the act of December 21, 1989
(P.L.672, No.87), known as the Health Club Act, is amended to
read:
Section 14. Employee available to administer CPR.
(a) General rule.--[Every] Except as provided under <--
subsection (c.1), every health club shall employ and have on the
health club's premises during the club's hours of operation a
person who is trained and certified to administer CPR.
(b) Nature of employment.--An employee who is trained and
certified to administer CPR may be hired primarily to fulfill
other functions for the employing health club.
(c) Number of employees certified.--If a health club is open
for more than eight hours a day and more than five days a week,
it shall employ more than one person who is trained and
certified to administer CPR.
(c.1) Limited waiver.-- <--
(1) Notwithstanding any other provision of this section,
a health club that offers health club services during
nonstaffed hours may submit a written request to the director
for a waiver from compliance with the provisions of this
section during nonstaffed hours.
(2) The director shall approve a request for a waiver
submitted under this subsection if the director determines
that:
(i) The portion of the premises in which members are
permitted access during nonstaffed hours consists of not
more than 6,000 square feet that meets requirements of
the municipality in which the health club is located for
being readily accessible to emergency services responders
from the outside of the health club.
(ii) The area specified under subparagraph (i) is
equipped with an automated external defibrillator and
appropriate signage, a panic button, a 911 telephone and
no less than four personal security devices.
(iii) During orientation of each new buyer, the
health club provides instructions regarding the use of
the health club during nonstaffed hours, including the
location and use of the equipment required under
subparagraph (ii).
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(c.1) Exception.--A health club that offers services during <--
nonstaffed hours shall not be subject to the requirements of
subsection subsections (a) and (c) if the health club complies <--
with all of the following:
(1) Every health club offering health club services
during nonstaffed hours prior to the effective date of this
subsection shall comply with all of the following:
(i) The portion of the premises in which members are
permitted access during nonstaffed hours must meet all of
the following:
(A) Consist of not more than 6,000 square feet.
(B) Meet the requirements of the municipality in
which the health club is located concerning
accessibility to emergency services responders from
the outside of the health club.
(ii) The area specified under subparagraph (i) must
be equipped with all of the following:
(A) At least one automated external
defibrillator.
(B) Appropriate signage.
(C) A panic button.
(D) A 911 telephone.
(E) At least four personal security devices.
(iii) During the orientation of each new buyer, or
at the time of the renewal of an existing health club
membership, the health club shall provide instructions
regarding the use of the health club during nonstaffed
hours, including the location and use of all equipment
required under subparagraph (ii).
(iv) All contracts for a new or renewal membership
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to the health club must contain a waiver that:
(A) Explains to the buyer that the health club
may have hours during which it is not staffed.
(B) Explains to the buyer that the health club
is required to have certain safety equipment,
including the location and use of the equipment
required under subparagraph (ii).
(C) Is signed by the buyer acknowledging that
the buyer received all of the instructions required
under this subsection regarding the use of the health
club during nonstaffed hours, including the location
and use of the safety equipment.
(2) Every health club not providing health club services
during nonstaffed hours prior to the effective date of this
subsection that will begin to provide health club services
during nonstaffed hours after the effective date of this
subsection must comply with the following:
(i) Provide notice to all existing buyers of health
club contracts of the intent of the health club to
provide health club services during nonstaffed hours of
operation.
(ii) Provide notice to all existing buyers of health
club contracts of the hours of operation during which
there will not be an individual on premise who is trained
and certified to administer CPR.
(iii) Obtain a signed waiver from each existing
health club member that:
(A) Explains to the buyer that the health club
may have hours during which it is not staffed.
(B) Explains to the buyer that the health club
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is required to have certain safety equipment,
including the location and use of the equipment
required under paragraph (1)(ii).
(C) Is signed by the buyer acknowledging that
the buyer received all of the instructions of this
subsection regarding the use of the health club
during nonstaffed hours, including the location and
use of the safety equipment.
(D) Provides instructions to the buyer regarding
the use of the health club during nonstaffed hours of
operation, including the location and use of all
equipment required under paragraph (1)(ii).
(iv) Provide notice that this is a material change <--
in the contract and it may be terminated and a refund
will be provided for the unused portion.
(iv) Provide notice to all existing buyers of health <--
club contracts that:
(A) Within at least 60 days prior to the
provision of health club services during nonstaffed
hours, the provision of health club services during
nonstaffed hours is a material change in the
contract.
(B) The contract may be terminated only within
the 60 day period under clause (A).
(C) If the contract is terminated under this
subparagraph, a refund will be provided for the
unused portion of the remaining contract.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
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"911 telephone." A telephone that does any of the following:
(1) Allows the person using the telephone to contact a
public safety answering point by dialing or pressing 911.
(2) Automatically calls a public safety answering point
when a person picks up the handset and activates the
telephone.
"Appropriate signage." All of the following:
(1) A sign posted in plain view by each automated
external defibrillator, panic button, 911 telephone and
personal security device with instructions for their use.
(2) A sign posted in plain view indicating that working
out alone during nonstaffed hours may pose health and safety
risks.
"Automated external defibrillator." A portable device that
uses electric shock to restore a stable heart rhythm to an
individual in cardiac arrest.
"CPR." Cardiopulmonary resuscitation, an approved lifesaving
technique which involves stimulation of the lungs and heart of a
victim of cardiac or pulmonary distress.
"Emergency services." Services, including firefighting, law
enforcement, ambulance and medical services, provided for the
protection or preservation of persons or property in
circumstances of immediate and significant threat of injury or
harm.
"Nonstaffed hours." Any period during which a health club
provides health club services without an employee on the
premises.
"Panic button." A wall-mounted device that, when
intentionally activated by a person, sends an electronic signal
informing a public safety answering point or a remote monitoring
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station that the person is in need of emergency services.
"Personal security device." A device that is designed to be
worn around the neck of a person and when intentionally
activated by the person, sends an electronic signal informing a
public safety answering point or a remote monitoring station
that the person is in need of emergency services.
"Public safety answering point." A public safety answering
point as defined in section 2 of the act of July 9, 1990 <--
(P.L.340, No.78), known as the Public Safety Emergency Telephone
Act 35 Pa.C.S. § 5302 (relating to definitions). <--
"Remote monitoring station." A location staffed 24 hours a
day, seven days a week by trained personnel who contact a public
safety answering point or emergency services responders.
Section 2. This act shall take effect in 60 days.
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