AN ACT TO CREATE THE CARL RACKLEY AIRWAY EMERGENCY PREPAREDNESS ACT; TO DEFINE "AIRWAY CLEARANCE DEVICE" AND "COVERED FACILITY"; TO PROVIDE THAT BEGINNING JANUARY 1, 2027, EACH COVERED FACILITY SHALL MAINTAIN AT LEAST ONE AIRWAY CLEARANCE DEVICE IN A VISIBLE AND ACCESSIBLE LOCATION IN THE FACILITY, AND ENSURE THAT BASIC WRITTEN OR PICTORIAL INSTRUCTIONS ARE DISPLAYED ALONGSIDE THE DEVICE; TO ENCOURAGE COVERED FACILITIES TO PROVIDE THEIR STAFF WITH BRIEF INSTRUCTIONAL TRAINING OR DEMONSTRATION VIDEOS AS PROVIDED BY THE DEVICE MANUFACTURER; TO PROVIDE CIVIL IMMUNITY TO PERSONS WHO USE AN AIRWAY CLEARANCE DEVICE IN GOOD FAITH AND WITHOUT COMPENSATION TO RENDER EMERGENCY AID; TO AUTHORIZE THE STATE DEPARTMENT OF HEALTH TO INCLUDE COMPLIANCE CHECKS AS PART OF ROUTINE HEALTH INSPECTIONS FOR COVERED FACILITIES THAT ARE LICENSED OR INSPECTED BY THE DEPARTMENT; TO PROVIDE THAT FOR A FACILITY THAT IS FOUND TO BE NONCOMPLIANT WITH THE REQUIREMENTS OF THIS ACT, THE DEPARTMENT SHALL ISSUE A WRITTEN WARNING FOR THE FIRST VIOLATION; TO PROVIDE THAT FOR A SECOND OR SUBSEQUENT VIOLATION, THE DEPARTMENT MAY FINE THE FACILITY NOT MORE THAN $100.00 FOR EACH OCCURRENCE; AND FOR RELATED PURPOSES.
Impact
This legislation introduces new standards for emergency preparedness in facilities that serve vulnerable populations, such as children and seniors. By instituting a requirement for airway clearance devices, the bill aims to improve the response to choking emergencies and promote safety within these environments. The bill also empowers the State Department of Health to incorporate compliance checks during routine health inspections, ensuring adherence to these new regulations. Facilities found noncompliant will receive a warning for the first violation, while subsequent violations can incur fines of up to $100.00.
Summary
House Bill 312, known as the Carl Rackley Airway Emergency Preparedness Act, mandates that certain facilities maintain an airway clearance device in a visible and accessible location. This requirement will take effect beginning January 1, 2027. Covered facilities include public schools, licensed childcare facilities, licensed nursing facilities, restaurants with indoor seating for twenty or more individuals, and publicly funded senior centers. Additionally, the bill encourages these facilities to display basic instructions for the use of the devices and provides recommendations for training staff in the use of these devices to enhance emergency preparedness.
Contention
While the bill is intended to enhance safety, some may argue that the costs associated with procurement and maintenance of these devices could become a financial burden for smaller facilities, particularly those with tight budgets. The voluntary aspect of training might also raise concerns about the efficacy of emergency response in instances where staff are not adequately trained. Nonetheless, the civil immunity clause aims to alleviate concerns among staff regarding legal repercussions when providing emergency assistance using these devices, promoting a culture of prompt and effective response without fear of liability.