BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3701.86 of the Revised Code be enacted to read as follows:

Sec. 3701.86. (A) Not later than July 1, 2007, the owner of a physical fitness facility shall perform both of the following actions:

(1) Have at least one automated external defibrillator placed within the facility;

(2) Require at least one person employed at the facility to be present at the facility during the facility's operating hours who has successfully completed an appropriate training course in the use of an automated external defibrillator as described in division (B)(1) of section 3701.85 of the Revised Code.

(B) The owner of a physical fitness facility shall ensure that the maintenance, testing, and use of an automated external defibrillator located in the facility is performed in compliance with section 3701.85 of the Revised Code.

(C) Except in the case of willful or wanton misconduct, when there is no good faith attempt to activate an emergency medical services system in accordance with section 3701.85 of the Revised Code, or when the owner of a physical fitness facility fails to place an automated external defibrillator within the facility as required under division (A)(1) of this section, no person shall be held liable in civil damages for injury, death, or loss to person or property, or held criminally liable, for performing automated external defibrillation in good faith using an automated external defibrillator that is placed in a physical fitness facility as specified in this section, regardless of whether the person has obtained appropriate training on how to perform automated external defibrillation or successfully completed a course in cardiopulmonary resuscitation. The liability protection described in this division also shall apply to the owner and employees of the physical fitness facility in which an automated external defibrillator was used, the organization or other entity that offered or approved training to employees of that physical fitness facility in use of an automated external defibrillator as described in section 3701.85 of the Revised Code, and any medical personnel who assisted in performing automated external defibrillation.

(D) As used in this section:

(1) "Automated external defibrillator" has the same meaning as in section 3313.717 of the Revised Code.

(2)(a) "Physical fitness facility" means a facility that satisfies both of the following criteria:

(i) A facility that requires a person to obtain a membership in order for the person to use the facility for physical exercise, including, but not limited to, an athletic club, health spa, or gymnasium that requires membership;

(ii) A facility that serves at least fifty members. If the physical fitness facility is part of a chain of physical fitness facilities, then the facility and those associated facilities must serve at least fifty members in the aggregate.

(b) "Physical fitness facility" does not include any of the following facilities:

(i) An exercise facility operated by a public or nonpublic primary or secondary school or a public or nonpublic institution of higher education;

(ii) An exercise facility located in a hospital;

(iii) An exercise facility located in a hotel or motel;

(iv) An exercise public facility;

(v) An outdoor exercise facility;

(vi) An exercise facility that does not employ persons to instruct, train, or assist the facility's members concerning physical exercise.