Utah

As used in this chapter:

(1) “Automatic external defibrillator” or “AED” means an automated or automatic computerized medical device that:

(a) has received pre-market notification approval from the United States Food and Drug Administration, pursuant to 21 U.S.C. Sec. 360(k);

(b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;

(c) is capable of determining, without intervention by an operator, whether defibrillation should be performed; and

(d) upon determining that defibrillation should be performed, automatically charges, enabling delivery of, or automatically delivers, an electrical impulse through the chest wall and to a person’s heart.

(2) “Bureau” means the Bureau of Emergency Medical Services, within the department.

(3) “Cardiopulmonary resuscitation” or “CPR” means artificial ventilation or external chest compression applied to a person who is unresponsive and not breathing.

(4) “Emergency medical dispatch center” means a public safety answering point, as defined in Section 63C-7-103, that is designated as an emergency medical dispatch center by the bureau.

(5) “Sudden cardiac arrest” means a life-threatening condition that results when a person’s heart stops or fails to produce a pulse.

(1) A person may administer CPR on another person without a license, certificate, or other governmental authorization if the person reasonably believes that the other person is in sudden cardiac arrest.

(2) A person may use an AED on another person without a license, certificate, or other governmental authorization if the person reasonably believes that the other person is in sudden cardiac arrest.

(1) Except as provided in Subsection (3), the following persons are not subject to civil liability for any act or omission relating to preparing to care for, responding to care for, or providing care to, another person who reasonably appears to be in sudden cardiac arrest:

(a) a person authorized, under Section 26-8b-201, to administer CPR, who:

(i) gratuitously and in good faith attempts to administer or administers CPR to another person; or

(ii) fails to administer CPR to another person;

(b) a person authorized, under Section 26-8b-201, to use an AED who:

(i) gratuitously and in good faith attempts to use or uses an AED; or

(ii) fails to use an AED;

(c) a person that teaches or provides a training course in administering CPR or using an AED;

(d) a person that acquires an AED;

(e) a person that owns, manages, or is otherwise responsible for the premises or conveyance where an AED is located;

(f) a person who retrieves an AED in response to a perceived or potential sudden cardiac arrest;

(g) a person that authorizes, directs, or supervises the installation or provision of an AED;

(h) a person involved with, or responsible for, the design, management, or operation of a CPR or AED program;

(i) a person involved with, or responsible for, reporting, receiving, recording, updating, giving, or distributing information relating to the ownership or location of an AED under Part 3, AED Databases; or

(j) a physician who gratuitously and in good faith:

(i) provides medical oversight for a public AED program; or

(ii) issues a prescription for a person to acquire or use an AED.

(2) This section does not relieve a manufacturer, designer, developer, marketer, or commercial distributor of an AED, or an accessory for an AED, of any liability.

(3) The liability protection described in Subsection (1) does not apply to an act or omission that constitutes gross negligence or willful misconduct.

(1) In accordance with Subsection (2) and except as provided in Subsection (3):

(a) a person who owns or leases an AED shall report the person’s name, address, and telephone number, and the exact location of the AED, in writing, or by a web-based AED registration form, if available, to the emergency medical dispatch center that provides emergency dispatch services for the location where the AED is installed, if the person:

(i) installs the AED;

(ii) causes the AED to be installed; or

(iii) allows the AED to be installed; and

(b) a person who owns or leases an AED that is removed from a location where it is installed shall report the person’s name, address, and telephone number, and the exact location from which the AED is removed, in writing, or by a web-based AED registration form, if available, to the emergency medical dispatch center that provides emergency dispatch services for the location from which the AED is removed, if the person:

(i) removes the AED;

(ii) causes the AED to be removed; or

(iii) allows the AED to be removed.

(2) A report required under Subsection (1) shall be made within 30 days after the day on which the AED is installed or removed.

(3) Subsection (1) does not apply to an AED:

(a) at a private residence; or

(b) in a vehicle or other mobile or temporary location.

(4) A person who owns or leases an AED that is installed in, or removed from, a private residence may voluntarily report the location of, or removal of, the AED to the emergency medical dispatch center that provides emergency dispatch services for the location where the private residence is located.

(5) The department may not impose a penalty on a person for failing to comply with the requirements of this section.

A person in the business of selling or leasing an AED shall, at the time the person provides, sells, or leases an AED to another person, notify the other person, in writing, of the reporting requirements described in Section 26-8b-301.

An emergency medical dispatch center shall:

(1) implement a system to receive and manage the information reported to the emergency medical dispatch center under Section 26-8b-301;

(2) record in the system described in Subsection (1), all information received under Section 26-8b-301 within 14 days after the day on which the information is received;

(3) inform a person who calls to report a potential incident of sudden cardiac arrest of the location of an AED located at the address of the potential sudden cardiac arrest;

(4) provide verbal instructions to a person described in Subsection (3) to:

(a) help a person determine if a patient is in cardiac arrest; and

(b) if needed:

(i) provide direction to start CPR;

(ii) offer instructions on how to perform CPR; or

(iii) offer instructions on how to use an AED, if one is available; and

(5) provide the information contained in the system described in Subsection (1), upon request, to the bureau.

(1) The bureau shall work in cooperation with federal, state, and local agencies and schools, to encourage individuals to complete courses on the administration of CPR and the use of an AED.

(2) A person who owns or leases an AED shall encourage each person who is likely to use the AED to complete courses on the administration of CPR and the use of an AED.

1) Any AED used solely for demonstration or training purposes, which is not operational for emergency use is, except for the provisions of this section, exempt from the provisions of this chapter.

(2) The owner of an AED described in Subsection (1) shall clearly mark on the exterior of the AED that the AED is for demonstration or training use only.

A person is guilty of a class C misdemeanor if the person removes, tampers with, or otherwise disturbs an AED, AED cabinet or enclosure, or AED sign, unless:

(1) the person is authorized by the AED owner for the purpose of:

(a) inspecting the AED or AED cabinet or enclosure; or

(b) performing maintenance or repairs on the AED, the AED cabinet or enclosure, a wall or structure that the AED cabinet or enclosure is directly attached to, or an AED sign;

(2) the person is responding to, or providing care to, a potential sudden cardiac arrest patient; or

(3) the person acts in good faith with the intent to support, and not to violate, the recognized purposes of the AED.

(1)(a) Except as provided in Subsection (1)(b), a licensed physician, physician’s assistant, or licensed registered nurse who, gratuitously and in good faith, gives oral or written instructions to any of the following is not liable for any civil damages as a result of issuing the instructions:

(i) an individual licensed or certified under Section 26-8a-302;

(ii) an individual who uses a fully automated external defibrillator, as defined in Section 26-8b-102; or

(iii) an individual who administers CPR, as defined in Section 26-8b-102.

(b) The liability protection described in Subsection (1)(a) does not apply if the instructions given were the result of gross negligence or willful misconduct.

(2) An individual licensed or certified under Section 26-8a-302, during either training or after licensure or certification, a licensed physician, a physician assistant, or a registered nurse who, gratuitously and in good faith, provides emergency medical instructions or renders emergency medical care authorized by this chapter is not liable for any civil damages as a result of any act or omission in providing the emergency medical instructions or medical care, unless the act or omission is the result of gross negligence or willful misconduct.

(3) An individual licensed or certified under Section 26-8a-302 is not subject to civil liability for failure to obtain consent in rendering emergency medical services authorized by this chapter to any individual who is unable to give his consent, regardless of the individual’s age, where there is no other person present legally authorized to consent to emergency medical care, provided that the licensed individual acted in good faith.

(4) A principal, agent, contractor, employee, or representative of an agency, organization, institution, corporation, or entity of state or local government that sponsors, authorizes, supports, finances, or supervises any functions of an individual licensed or certified under Section 26-8a-302 is not liable for any civil damages for any act or omission in connection with the sponsorship, authorization, support, finance, or supervision of the licensed or certified individual where the act or omission occurs in connection with the licensed or certified individual’s training or occurs outside a hospital where the life of a patient is in immediate danger, unless the act or omission is inconsistent with the training of the licensed or certified individual, and unless the act or omission is the result of gross negligence or willful misconduct.

(5) A physician or physician assistant who gratuitously and in good faith arranges for, requests, recommends, or initiates the transfer of a patient from a hospital to a critical care unit in another hospital is not liable for any civil damages as a result of such transfer where:

(a) sound medical judgment indicates that the patient’s medical condition is beyond the care capability of the transferring hospital or the medical community in which that hospital is located; and

(b) the physician or physician assistant has secured an agreement from the receiving facility to accept and render necessary treatment to the patient.

(6) An individual who is a registered member of the National Ski Patrol System (NSPS) or a member of a ski patrol who has completed a course in winter emergency care offered by the NSPS combined with CPR for medical technicians offered by the American Red Cross or American Heart Association, or an equivalent course of instruction, and who in good faith renders emergency care in the course of ski patrol duties is not liable for civil damages as a result of any act or omission in rendering the emergency care, unless the act or omission is the result of gross negligence or willful misconduct.

(7) An emergency medical service provider who, in good faith, transports an individual against his will but at the direction of a law enforcement officer pursuant to Section 62A-15-629 is not liable for civil damages for transporting the individual.

11-63-101. Title.

This chapter shall be known as “Trampoline Park Safety.”

11-63-102. Definitions.

As used in this chapter:

(1) “Commercial trampoline” means a device that:

(a) incorporates a trampoline bed; and

(b) is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics in a trampoline park.

(2) “Emergency response plan” means a written plan of action for the reasonable and appropriate contact, deployment, and coordination of services, agencies, and personnel to provide the earliest possible response to an injury or emergency.

(3) “Inherent risk” means a danger or condition that is an integral part of an activity occurring at a trampoline park.

(4) “Inspection” means a procedure that an inspector conducts to:

(a) determine whether a trampoline park facility, including any device or material, is constructed, assembled, maintained, tested, and operated in accordance with this chapter and the manufacturer’s recommendations;

(b) determine the operational safety of a trampoline park facility, including any device or material; and

(c) determine whether the trampoline park’s policies and procedures comply with this chapter.

(5) “Inspector” means an individual who:

(a) conducts an inspection of a trampoline park to certify compliance with this chapter and industry safety standards; and

(b) (i) is certified by:

(A) an organization that develops and publishes consensus standards for a wide range of materials, products, systems, and services that are used for trampolines; or

(B) an organization that promotes trampoline park safety and adopts the standards described in Subsection (5)(b)(i)(A);

(ii) represents the insurer of the trampoline park;

(iii) represents or is certified by a department or agency, regardless of whether the agency is located within the state, that:

(A) inspects amusement and recreational facilities and equipment; and

(B) certifies and trains professional private industry inspectors through written testing and continuing education requirements; or

(iv) represents an organization that the United States Olympic Committee designates as the national governing body for gymnastics.

(6) “Local regulating authority” means the business licensing division of:

(a) the city, town, or metro township in which the trampoline park is located; or

(b) if the trampoline park is located in an unincorporated area, the county.

(7) “Operator” means a person who owns, manages, or controls or who has the duty to manage or control the operation of a trampoline park.

(8) “Participant” means an individual that uses trampoline park equipment.

(9) “Trampoline bed” means the flexible surface of a trampoline on which a user jumps or bounces.

(10) “Trampoline court” means an area of a trampoline park comprising:

(a) multiple commercial trampolines; or

(b) at least one commercial trampoline and at least one associated foam or inflatable bag pit.

(11) “Trampoline park” means a place of business that offers the recreational use of a trampoline court for a fee.

11-63-103. Exemptions.

This chapter does not apply to:

(1) a playground that a school or local government operates, if:

(a) the playground is an incidental amenity; and

(b) the operating entity does not primarily derive revenue from operating the playground for a fee;

(2) a gymnastics, dance, cheer, or tumbling facility where:

(a) the majority of activities are based in training or rehearsal and not recreation;

(b) the facility derives at least 80% of revenues through supervised instruction or classes; and

(c) the student-coach or student-instructor ratio is based on age, skill level, and number of students; or

(3) equipment used exclusively for exercise, an inflatable ride, or an inflatable bounce house.

11-63-201. Municipal or county business license required.

To operate a trampoline park the operator of a trampoline park shall obtain and maintain, conditioned upon compliance with this chapter:

(1) if the trampoline park is located within an incorporated municipality, a municipal business license authorized under Section 10-1-203; or

(2) if located within the unincorporated area of a county, a county business license authorized under Section 17-53-216.

11-63-303. Trampoline park employee training and equipment.

An operator shall ensure that, during all hours of operation:

(1) at least one trampoline park employee is working onsite who is certified in first aid and CPR; and

(2) the trampoline park has an operable automated external defibrillator.