1. Definitions.
As used in this law, the following terms shall have the meanings indicated:
A.) "Automatic External Defibrillator" shall mean a medical device, approved by the United States Food and Drug Adminis tration (FDA), that:
a.) is capable of recognizing the presence or absence, in a patient, of ventricular fibrillation and rapid ventricular tachycar dia;
b.) is capable of determining, without intervention by an operator, whether defibrillation should be performed on a patient;
c.) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to the patient's heart; and
d.) then, upon action by an operator, delivers an appropriate electrical impulse to the patient's heart to perform defibrillation.
B.) "Nursing home" means a State Licensed home used for the reception and care of individuals who, by reason of illness or physical or mental impairment, require skilled nursing care and of individuals who require personal care services but not skilled nursing care. A nursing home is licensed to provide personal care services and skilled nursing care. This is in accordance with Ohio RC 3721.01 (A)(6).
2. On-Site Cardiac Automated External Defibrillator.
A.) Every nursing home in the City of Toledo shall provide and maintain in good working order on-site, in each facility, at least one (1) Automated External Defibrillator (AED) as defined herein.
B.) A nursing home that possesses an automated external defibrillator must notify Lucas County Emergency Medical Services of the location of the Automatic External Defibrillator.
3. Penalties.
Willful failure to comply with Section 2(A) of this law shall constitute a violation punishable by a fine not to exceed One Thousand ($1,000.00) Dollars for each violation.
4. Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
5. Reverse Preemption.
This law shall be null and void on the day that Statewide or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent State or federal administrative agency issues and promulgates regulations preempting such action by the City of Toledo. The City of Toledo may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted of the purposes of triggering the provision of this section.
(Ord. 183-13. Passed 4-16-13.)