(a) (1) In this section the following words have the meanings indicated. (2) "Automated external defibrillator (AED)" means a medical heart monitor and defibrillator device that: (i) Is cleared for market by the federal Food and Drug Administration; (ii) Recognizes the presence or absence of ventricular fibrillation or rapid ventricular tachycardia; (iii) Determines, without intervention by an operator, whether defibrillation should be performed; (iv) On determining that defibrillation should be performed, automatically charges; and (v) 1. Requires operator intervention to deliver the electrical impulse; or 2. Automatically continues with delivery of the electrical impulse. (3) "Grocery store" means a store that has: (i) All major food departments, including produce, meat, seafood, dairy, and canned and packaged goods; or (ii) 1. At least one of the major food departments; and 2. At least 12,000 square feet of floor space. (b) This section does not apply to: (1) A grocery store that has an annual gross income of $10,000,000 or less; or (2) A restaurant with: (i) An annual gross income of $1,000,000 or less, exclusive of sales for off-premises consumption; or (ii) A seating capacity of less than 100 individuals. (c) Beginning January 1, 2025, each owner and operator of a grocery store or restaurant shall: (1) Place an automated external defibrillator in a prominent area, accessible to employees and customers; and (2) Maintain the functionality of the automated external defibrillator. (d) In addition to any other immunities available under statutory or common law: (1) A grocery store or restaurant is not civilly liable for any act or omission in the provision of automated external defibrillation if the grocery store or restaurant has satisfied the requirements under this section; (2) An individual is not civilly liable for any act or omission if: (i) The individual is acting in good faith while rendering automated external defibrillation to another individual who is a victim or reasonably believed by the individual to be a victim of a sudden cardiac arrest; (ii) The assistance or aid is provided in a reasonably prudent manner; and (iii) The automated external defibrillation is provided without fee or other compensation; and (3) A grocery store, restaurant, or individual is not civilly liable for failing to render automated external defibrillation to an individual who is a victim or is reasonably believed to be a victim of a sudden cardiac arrest. (e) The Department and the Maryland Institute for Emergency Medical Services Systems jointly shall adopt regulations that: (1) Establish guidelines for periodic inspections and annual maintenance of the automated external defibrillators; (2) Assist the owner and operator of a grocery store or restaurant in carrying out the provisions of this section; and (3) Require each grocery store and restaurant subject to this section to register with the Maryland Institute for Emergency Medical Services Systems in order to: (i) Make its location publicly available to emergency dispatchers; and (ii) Receive maintenance and recall notices from the Maryland Institute for Emergency Medical Services Systems.
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