An Act To Protect Residents of Assisted Living Facilities
Maine Legislature, Session 129, LD 0363
Committee: Health and Human Services
Sponsors: MIRAMANT, ALLEY, BREEN, GRATWICK, DOORE, DOUDERA
Amends: 22 MRSA §1833, 22 MRSA §2150-C, 22 MRSA §7808, 22 MRSA §7864

Legislative Document
No. 363
S.P. 103
In Senate, January 24, 2019
An Act To Protect Residents of Assisted Living Facilities
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MIRAMANT of Knox.
Cosponsored by Representative ALLEY of Beals and
Senators: BREEN of Cumberland, GRATWICK of Penobscot, Representatives: DOORE of 
Augusta, DOUDERA of Camden.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1833 is enacted to read:
§1833.  Orders not to resuscitate
A nursing facility shall establish a process for quickly determining in the event of a 
medical emergency whether an individual residing in the facility has made a health care 
decision that includes an order not to resuscitate.  For purposes of this section, "health 
care decision" has the same meaning as in Title 18-C, section 5-802, subsection 6.
The department shall adopt rules necessary to implement this section. Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
Sec. 2.  22 MRSA §2150-C, as repealed and replaced by PL 2007, c. 267, §2, is 
amended to read:
§2150-C.  Automated external defibrillators; immunity from civil liability; 
requirements
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Automated external defibrillator" or "AED" means a medical device that 
combines a heart monitor and a defibrillator approved by the United States Food and 
Drug Administration that:
(1)  Is capable of recognizing the presence or absence of ventricular fibrillation or 
rapid ventricular tachycardia;
(2)  Is capable of determining, without intervention by an operator, whether 
defibrillation should be performed on an individual; and
(3)  Upon determination that defibrillation should be performed, automatically 
charges and requests delivery of an electrical impulse to an individual's heart.
A-1.  "Activities of daily living" has the same meaning as in section 7852, subsection 
1.
C.  "Extended care facility" means a nursing facility licensed under chapter 405 or an 
assisted living facility or residential care facility licensed under chapter 1663 or 1664 
that provides services to an individual who requires assistance with activities of daily 
living.
D.  "Lifesaving procedures" means the use of an automated external defibrillator or 
the performance of cardiopulmonary resuscitation for a suspected sudden cardiac 
arrest emergency.
6.  Immunity.  The following persons and entities are immune from civil liability for 
damages relating to the use, possession or purchase of an AED and arising out of acts or 
omissions relating to preparing for and responding to suspected sudden cardiac arrest 
emergencies absent gross negligence or willful or wanton misconduct:
A.  Any person or entity that acquires an AED;
B.  Any person or entity that owns, manages or is otherwise responsible for the 
premises on which an AED is located;
C.  Any person who retrieves an AED in response to a perceived sudden cardiac 
arrest emergency;
D.  Any person who uses, attempts to use or fails to use an AED in response to a 
perceived sudden cardiac arrest emergency;
E.  Any physician or other authorized person who issues a prescription for the 
purchase of an AED;
F.  Any person or entity that is involved with the design, management or operation of 
an AED program; and
G.  Any person or entity that provides instruction in the use of an AED.
7.  Requirements for extended care facility.  An extended care facility shall comply 
with the following requirements.
A.  An extended care facility shall have on its premises an AED and any equipment 
necessary to perform cardiopulmonary resuscitation.
B.  An extended care facility shall provide to every employee training on using an 
AED and performing cardiopulmonary resuscitation.
C.  An employee of an extended care facility shall perform lifesaving procedures on 
any individual residing in the extended care facility who the employee reasonably 
suspects is suffering a sudden cardiac arrest emergency unless that individual has 
made a health care decision that includes an order not to resuscitate.  For purposes of 
this section, "health care decision" has the same meaning as in Title 18-C, section 
5-802, subsection 6.
D.  Except as provided in paragraph C, an extended care facility may not prohibit an 
employee from performing lifesaving procedures on any individual residing in the 
extended care facility who the employee reasonably suspects is suffering a sudden 
cardiac arrest emergency when the employee has received the training required in 
paragraph B.
8.  Rules.  The department may adopt rules necessary to implement subsection 7. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. 3.  22 MRSA §7808 is enacted to read:
§7808.  Orders not to resuscitate
A facility licensed under this chapter that provides services to an individual who 
requires assistance with activities of daily living shall establish a process for quickly 
determining in the event of a medical emergency whether an individual residing in the 
facility has made a health care decision that includes an order not to resuscitate.  For 
purposes of this section, "activities of daily living" has the same meaning as in section 
7852, subsection 1 and "health care decision" has the same meaning as in Title 18-C, 
section 5-802, subsection 6.
The department shall adopt rules necessary to implement this section.  Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
Sec. 4.  22 MRSA §7864 is enacted to read:
§7864.  Orders not to resuscitate
A facility licensed under this chapter that provides services to an individual who 
requires assistance with activities of daily living shall establish a process for quickly 
determining in the event of a medical emergency whether an individual residing in the 
facility has made a health care decision that includes an order not to resuscitate.  For 
purposes of this section, "health care decision" has the same meaning as in Title 18-C, 
section 5-802, subsection 6.
The department shall adopt rules necessary to implement this section. Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
SUMMARY
This bill requires nursing facilities and assisted living and residential care facilities 
that provide services to a person who requires assistance with activities of daily living to 
perform cardiopulmonary resuscitation or use an automated external defibrillator in the 
event of a suspected sudden cardiac arrest unless the person has made a health care 
decision that includes an order not to resuscitate.  It requires those facilities to store the 
necessary equipment to perform cardiopulmonary resuscitation or use an automated 
external defibrillator.  It requires those facilities to provide training to their employees on 
how to perform cardiopulmonary resuscitation and use an automated external 
defibrillator.  The bill also directs those facilities to establish a process for quickly 
determining in the event of a medical emergency whether an individual residing in the 
facility has made a health care decision that includes an order not to resuscitate.