Automated External Defibrillators Now Required at All City, Larger Township, and County Sports and Recreation Locations in Ohio

The Ohio legislature recently passed House Bill 47, effective October 24, 2024, which now requires, among other things, the controlling authority of all sports and recreation locations maintained and operated by Ohio cities, larger townships, and counties under R.C. §§755.12 to 755.18 to place an automated external defibrillator (AED) at each such location under its control.

Sports and Recreation Locations

For purposes of the legislation, “sports and recreation locations” include indoor recreation centers and facilities, gymnasiums, swimming pools, and playing fields that are designated, operated, and maintained for those uses.  The Bill does not apply to Ohio villages, townships with a population under 5,000, and parks districts created under R.C. Chapter 1545.

In addition, to the placement of an AED at each sports and recreation location, HB 47 also requires:

• a “sufficient number” of the staff at each location successfully complete an appropriate training course in the use of an AED; and
• the controlling authority of the sports and recreation location adopts an emergency action plan for the use of AEDs which should be practiced at least quarterly.

The Ohio Department of Health (ODH) has provided a model emergency action plan, which includes, among other topics:

• Guidance on how to use an AED
• Practice of the plan
• Maintenance of AEDs
• Locations of AEDs
• Additional considerations on responsibilities and EMS coordination

The size of the sporting facility does not appear to impact the number of AEDs required. Both H.B. 47 and the Ohio Legislative Service Commission’s (OLSC) Final Analysis of the Bill gives no additional guidance beyond stating that an AED will be placed at each location. The subsequent ODH guidance is also silent on the number and location of AEDs beyond stating that AEDs should be easily accessible and not locked away and maps of their location should be provided so that an AED can be retrieved quickly in an emergency.

Note, however, that the ODH Model Emergency Action Plan provides a link to the American Heart Association’s Emergency Response Plan and Protocol for Sports Facilities as a reference which recommends that the number of AEDs at a facility or location should be sufficient to enable a person to retrieve an AED and deliver it to any location within three minutes.

The ODH directs that violations of the new law should be reported to the applicable sports and recreation location to ensure efficient and timely resolution.  Controlling authorities of these locations should set up protocols on reporting violations and designate one or more persons to handle and resolve such reports.

Youth Sports Organizations

HB 47 also made certain requirements found in R.C. §3707.58, known as “Lindsay’s Law”, mandatory with respect to youth sports organizations.  As defined under R.C. §3707.51, a "youth sports organization" is a public or nonpublic entity that organizes an athletic activity in which the athletes are not more than 19 years of age and are required to pay a fee to participate in the athletic activity or whose cost to participate is sponsored by a business or nonprofit organization. Youth sports organizations should take the following actions:

• Prior to the start of each season, hold an informational meeting for the athletes, parents, guardians, other persons having care or charge of a youth athlete, physicians, pediatric cardiologists, athletic trainers, and any other persons regarding the symptoms and warning signs of sudden cardiac arrest for all ages of youth athletes.

• Require and confirm that all youth sports organization coaches have completed, on an annual basis, the sudden cardiac arrest training course approved by the ODH.
• While the youth sports organization itself is not required to provide an AED, because all schools and sports and recreation locations are now required to do so, the organization’s coaches and staff should be aware of the location of AEDs during all organized sports activities.
• Consider adopting an emergency action plan and practicing it regularly.
• Set up protocols on reporting violations and designate one or more persons to handle and resolve such reports. ODH guidance provides that violations should be reported directly to the applicable youth sports organization to ensure efficient and timely resolution.

Notwithstanding the published guidance, the ODH urges those impacted by the new legislation to consult medical and legal counsel regarding implementation and to ensure that the adopted emergency action plan for the use of AEDs is consistent with local, state, and federal law.