CHAPTER 15. AUTOMATED EXTERNAL DEFIBRILLATORS IN HEALTH CLUBS
IC 24-4-15
Chapter 15. Automated External Defibrillators in Health Clubs
IC 24-4-15-1
"Defibrillator"
Sec. 1. As used in this chapter, "defibrillator" means an automatedexternal defibrillator.
As added by P.L.129-2007, SEC.2.
IC 24-4-15-2
"Health club"
Sec. 2. (a) As used in this chapter, "health club" means anestablishment at which:
(1) an individual, a corporation, a limited liability company, apartnership, an association, a firm, an educational institution, orany other business enterprise offers:
(A) instruction, training, or assistance in physical fitness thatis focused primarily on cardiovascular exertion; or
(B) facilities for the:
(i) preservation;
(ii) maintenance;
(iii) encouragement; or
(iv) development;
of physical fitness or well-being; and
(2) at least:
(A) fifty (50) persons have:
(i) purchased; or
(ii) paid a fee for;
the right to use the physical fitness facilities; or
(B) thirty (30) pieces of motorized physical fitnessequipment are provided for use by individuals.
(b) The term includes the following:
(1) Health spas and studios.
(2) Sports centers.
(3) Weight control studios.
(4) Gymnasiums and workout centers in schools, colleges, anduniversities.
(c) The term does not include a workout center in:
(1) a hospital licensed under IC 16-21 or a health facilitylicensed under IC 16-28;
(2) a hotel or motel, unless the workout center allowsmembership by individuals who are not guests of the hotel ormotel; or
(3) an apartment, a condominium, or a town home complex.
As added by P.L.129-2007, SEC.2.
IC 24-4-15-3
"Person"
Sec. 3. As used in this chapter, "person" means an individual, acorporation, a limited liability company, a partnership, an
association, a firm, or an educational institution.
As added by P.L.129-2007, SEC.2.
IC 24-4-15-4
"State department"
Sec. 4. As used in this chapter, "state department" refers to thestate department of health.
As added by P.L.129-2007, SEC.2.
IC 24-4-15-5
Health club requirements
Sec. 5. An owner or operator of a health club shall do thefollowing:
(1) Ensure that a defibrillator is:
(A) located on the health club premises and easily accessibleto the health club staff, members, and guests; or
(B) if:
(i) the health club is located on the premises of a businessof 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 accessibleto the emergency response team.
(2) Employ at least one (1) individual who:
(A) has satisfactorily completed a course consistent with themost current national guidelines for; and
(B) is currently certified in;
cardiopulmonary resuscitation and defibrillator use.
(3) Reasonably ensure that at least one (1) individual describedin subdivision (2) is on the health club premises when staff ispresent at the health club during the health club's businesshours.
(4) A health club that is not staffed must have the following onthe premises:
(A) A telephone for 911 telephone call access.
(B) A sign in plain view containing an advisory warning thatindicates that members of the unstaffed health club shouldbe aware that working out alone may pose risks to a healthclub member's health and safety.
(C) A sign in plain view providing instruction in the use ofthe defibrillator and in cardiopulmonary resuscitation.
(5) Ensure compliance with the requirements set forth inIC 16-31-6.5.
(6) Post a sign at each entrance to the health club that indicatesthe location of each defibrillator.
As added by P.L.129-2007, SEC.2. Amended by P.L.3-2008,SEC.173; P.L.134-2008, SEC.14.
IC 24-4-15-6
Immunity
Sec. 6. A person is immune from civil liability for acts or
omissions involving the use of or the failure to use a defibrillatorlocated on the premises of a health club under this chapter asprovided under IC 34-30-12-1.
As added by P.L.129-2007, SEC.2.
IC 24-4-15-7
Inspections
Sec. 7. The:
(1) state department and the division of fire and building safetymay inspect a health club at any time:
(A) according to rules adopted by the state department; or
(B) in response to a filed complaint alleging noncompliancewith this chapter; and
(2) fire department that serves the area in which a health club islocated shall inspect the health club for compliance with thischapter if the health club is inspected as part of an inspectionprogram under IC 36-8-17-8.
As added by P.L.129-2007, SEC.2. Amended by P.L.134-2008,SEC.15.
IC 24-4-15-8
Violations
Sec. 8. A person who violates this chapter commits a Class Cinfraction.
As added by P.L.129-2007, SEC.2.
IC 24-4-15-9
Rules
Sec. 9. The state department may adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.129-2007, SEC.2.