Senate Bill S3794

2009-2010 Legislative Session

Requires health club employee training the same as is required for coaches of after-school athletic activities, including first-aid and adult CPR

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Jun 03, 2009	print number 3794a
Jun 03, 2009	amend and recommit to consumer protection
Apr 01, 2009	referred to consumer protection

Bill Amendments

Original

A (Active)

2009-S3794 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §626-a, Gen Bus L

2009-S3794 - Summary

Requires health club employee first aid training to be the same as is required for coaches of after-school athletic activities as certified by the commissioner of education; includes first-aid and adult cardiopulmonary resuscitation; acceptable courses include those offered by the American National Red Cross, the American Heart Association, or another nationally recognized organization, subject to approval by the commissioner of education; or one meeting equivalent to requirements certified by the commissioner of education

2009-S3794 - Sponsor Memo

                                 BILL NUMBER:  S3794

 TITLE OF BILL :
An act to amend the general business law, in relation to health clubs
and health club employee training requirements


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to increase consumer safety by requiring
health club facilities to employ at least one person trained and
certified in first-aid and CPR.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would require health clubs that provide training services to
have in attendance during business hours at least one employee who has
satisfactorily completed a course in cardiopulmonary resuscitation and
first-aid. The bill applies to all health clubs but does not apply to
entities which only provide nutritional or dietary information without
providing training or similar exercise assistance at the studio or
salon.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
Amends article 30 of the General Business Law by adding a new section
626-a.  No requirement for CPR training in health clubs currently
exists in law.

 JUSTIFICATION :
Statewide, health clubs offer a variety of activities to a wide range
of consumers. swimming, weight training, martial arts and aerobics are
only a small sampling of the offerings. Many consumers in our health
conscious society utilize health club services on a regular basis.
Many activities can be strenuous and dangerous, even for the "fit and
trim". Going too hard or too fast can result in injury and death. Many
clubs are well staffed but fail to have people trained in basic
first-aid and CPR on hand when the club is open. Requiring health
clubs to have a CPR and first-aid trained employee present during
business hours will ensure basic care for injuries is available, as
well as help prevent injuries or the exacerbation of pre-existing
injuries. The first-aid and CPR requirements of this legislation do
not apply to facilities which provide gyms but do not provide
supervision or training, such as hotels or motels. In addition, the
provisions of this bill do not apply to weight loss salons or studios.
A similar CPR requirement for public schools was enacted in 1991 (see
Chapter 498 of the Laws of 1991) and private schools (see Chapter 39
of the Laws of 1994). These two amendments to the Education law
require coaches of extracurricular activities to be trained in
first-aid and CPR.  This legislation is intended to mirror the
provisions of the previously enacted chapters of law.

 PRIOR LEGISLATIVE HISTORY :
2007-2008: A.351 - Referred to Consumer Affairs and Protection
2005-2006: A.2706 - Referred to Consumer Affairs and Protection

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
January 1, after enactment.

2009-S3794 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3794

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 1, 2009
                               ___________

Introduced  by  Sen.  MONSERRATE  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation  to  health  clubs
  and health club employee training requirements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
626-a to read as follows:
  S 626-A. HEALTH CLUB EMPLOYEE TRAINING REQUIREMENTS.  1. NOTWITHSTAND-
ING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW,  CHARTER,  RULE
OR  REGULATION TO THE CONTRARY, EVERY HEALTH CLUB, SHALL HAVE IN ATTEND-
ANCE, AT ALL TIMES  DURING  BUSINESS  HOURS,  AT  LEAST  ONE  INDIVIDUAL
PERFORMING  EMPLOYMENT IN ACCORDANCE WITH SECTION FIVE HUNDRED ELEVEN OF
THE LABOR LAW OR AN INDIVIDUAL ACTING AS  AN  AUTHORIZED  VOLUNTEER  WHO
HOLDS  A VALID CERTIFICATION OF COMPLETION OF A COURSE OF STUDY IN FIRST
AID KNOWLEDGE AND SKILLS OFFERED BY THE AMERICAN NATIONAL RED CROSS, THE
AMERICAN HEART ASSOCIATION, OR ANOTHER NATIONALLY  RECOGNIZED  ORGANIZA-
TION  AND APPROVED BY THE COMMISSIONER OF EDUCATION, OR MEETS EQUIVALENT
REQUIREMENTS AS CERTIFIED BY THE COMMISSIONER  OF  EDUCATION.  ANY  SUCH
COURSE  OF  STUDY OR EQUIVALENT REQUIREMENTS MUST INCLUDE INSTRUCTION IN
THE ADMINISTRATION OF ADULT CARDIOPULMONARY RESUSCITATION.
  2. FOR PURPOSES OF THIS SECTION ONLY, "HEALTH  CLUB"  SHALL  MEAN  ANY
PERSON,  FIRM,  CORPORATION, PARTNERSHIP, UNINCORPORATED ASSOCIATION, OR
OTHER BUSINESS ENTERPRISE OFFERING INSTRUCTION, TRAINING, OR  ASSISTANCE
BY  AN  INDIVIDUAL PERFORMING EMPLOYMENT IN ACCORDANCE WITH SECTION FIVE
HUNDRED ELEVEN OF THE LABOR LAW OR AN INDIVIDUAL ACTING AS AN AUTHORIZED
VOLUNTEER FOR THE PRESERVATION, MAINTENANCE, ENCOURAGEMENT, OR  DEVELOP-
MENT OF PHYSICAL FITNESS OR WELL-BEING AND SHALL NOT INCLUDE WEIGHT LOSS
STUDIOS OR SALONS WHICH FOLLOW A NUTRITIONAL OR DIETARY PROGRAM DESIGNED
OR  PURPORTED  TO  EFFECT OR RESULT IN WEIGHT REDUCTION AND WHICH DO NOT
INCLUDE INSTRUCTION, TRAINING, OR ASSISTANCE IN  BODYBUILDING,  EXERCIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06620-02-9

S. 3794                             2

ING,  OR  ANY  SIMILAR COURSE OF PHYSICAL TRAINING WHICH IS CONDUCTED OR
TAKES PLACE AT SUCH STUDIO OR SALON.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

2009-S3794A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §626-a, Gen Bus L

2009-S3794A (ACTIVE) - Summary

2009-S3794A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3794A

 TITLE OF BILL :
An act to amend the general business law, in relation to health clubs
and health club employee training requirements


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to increase consumer safety by requiring
health club facilities to employ at least one person trained and
certified in first aid and CPR.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would require health clubs that provide training services to
have in attendance during business hours at least one employee who has
satisfactorily completed a course in cardiopulmonary resuscitation and
first aid. The bill applies to all health clubs but does not apply to
entities that only provide nutritional or dietary information without
providing training or similar exercise assistance at the studio or
salon.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
Amends article 30 of the General Business Law by adding a new section
623-b. No requirement for CPR training in health clubs currently
exists in law.

 JUSTIFICATION :
Statewide, health clubs offer a variety of activities to a wide range
of consumers. Swimming, weight training, martial arts and aerobics are
only a small sampling of the offerings. Many consumers in our health
conscious society utilize health club services on a regular basis.
Many activities can be strenuous and dangerous, even for the "fit and
trim". Going too hard or too fast can result in injury and death. Many
clubs are well staffed but fail to have people trained in basic first
aid and CPR on hand when the club is open. Requiring health clubs to
have a CPR and first-aid trained employee present during business
hours will ensure basic care for injuries is available, as well as
help prevent injuries exacerbation of preexisting injuries. The first
aid and CPR requirements of this legislation do not apply to
facilities that provide gyms but do not provide supervision or
training, such as hotels or motels. In addition, the provisions of
this bill do not apply to weight loss salons or studios. A similar CPR
requirement for public schools was enacted in 1991 (see Chapter 498 of
the Laws of 19~1) and private schools (see Chapter 39 of the Laws of
1994). These two amendments to the Education law require coaches of
extra -curricular activities to be trained in first aid and CPR. This
legislation is intended to mirror the provisions of the previously
enacted chapters of law.

 PRIOR LEGISLATIVE HISTORY :
2007-2008: A.351 - Referred to Consumer Affairs and Protection
2005-2006: A.2706 - Referred to Consumer Affairs and Protection

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
180 days after enactment.

2009-S3794A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3794--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 1, 2009
                               ___________

Introduced  by  Sen.  MONSERRATE  -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Consumer  Protection
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the general business law, in relation  to  health  clubs
  and health club employee training requirements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
627-b to read as follows:
  S 627-B. HEALTH CLUB EMPLOYEE TRAINING REQUIREMENTS.  1.  IN  ADDITION
TO  THE REQUIREMENTS OF SECTION SIX HUNDRED TWENTY-SEVEN-A OF THIS ARTI-
CLE, AND NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
LAW, CHARTER, RULE OR REGULATION TO THE  CONTRARY,  EVERY  HEALTH  CLUB,
SHALL  HAVE  IN ATTENDANCE, AT ALL TIMES DURING BUSINESS HOURS, AT LEAST
ONE INDIVIDUAL PERFORMING EMPLOYMENT IN  ACCORDANCE  WITH  SECTION  FIVE
HUNDRED ELEVEN OF THE LABOR LAW OR AN INDIVIDUAL ACTING AS AN AUTHORIZED
VOLUNTEER  WHO  HOLDS A VALID CERTIFICATION OF COMPLETION OF A COURSE OF
STUDY IN FIRST AID KNOWLEDGE AND SKILLS OFFERED BY THE AMERICAN NATIONAL
RED CROSS, THE AMERICAN HEART ASSOCIATION, OR ANOTHER NATIONALLY  RECOG-
NIZED  ORGANIZATION  AND  APPROVED  BY THE COMMISSIONER OF EDUCATION, OR
MEETS EQUIVALENT REQUIREMENTS AS CERTIFIED BY THE COMMISSIONER OF EDUCA-
TION. ANY SUCH COURSE OF STUDY OR EQUIVALENT REQUIREMENTS  MUST  INCLUDE
INSTRUCTION  IN  THE  ADMINISTRATION  OF  ADULT CARDIOPULMONARY RESUSCI-
TATION.
  2. FOR PURPOSES OF THIS SECTION ONLY, "HEALTH  CLUB"  SHALL  MEAN  ANY
PERSON,  FIRM,  CORPORATION, PARTNERSHIP, UNINCORPORATED ASSOCIATION, OR
OTHER BUSINESS ENTERPRISE OFFERING INSTRUCTION, TRAINING, OR  ASSISTANCE
BY  AN  INDIVIDUAL PERFORMING EMPLOYMENT IN ACCORDANCE WITH SECTION FIVE
HUNDRED ELEVEN OF THE LABOR LAW OR AN INDIVIDUAL ACTING AS AN AUTHORIZED
VOLUNTEER FOR THE PRESERVATION, MAINTENANCE, ENCOURAGEMENT, OR  DEVELOP-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06620-04-9

S. 3794--A                          2

MENT OF PHYSICAL FITNESS OR WELL-BEING AND SHALL NOT INCLUDE WEIGHT LOSS
STUDIOS OR SALONS WHICH FOLLOW A NUTRITIONAL OR DIETARY PROGRAM DESIGNED
OR  PURPORTED  TO  EFFECT OR RESULT IN WEIGHT REDUCTION AND WHICH DO NOT
INCLUDE  INSTRUCTION,  TRAINING, OR ASSISTANCE IN BODYBUILDING, EXERCIS-
ING, OR ANY SIMILAR COURSE OF PHYSICAL TRAINING WHICH  IS  CONDUCTED  OR
TAKES PLACE AT SUCH STUDIO OR SALON.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S3794

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

2009-S3794 - Details

2009-S3794 - Summary

2009-S3794 - Sponsor Memo

2009-S3794 - Bill Text download pdf

2009-S3794A (ACTIVE) - Details

2009-S3794A (ACTIVE) - Summary

2009-S3794A (ACTIVE) - Sponsor Memo

2009-S3794A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S3794

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Sponsored By

Hiram Monserrate

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

2009-S3794 - Details

2009-S3794 - Summary

2009-S3794 - Sponsor Memo

2009-S3794 - Bill Text download pdf

2009-S3794A (ACTIVE) - Details

2009-S3794A (ACTIVE) - Summary

2009-S3794A (ACTIVE) - Sponsor Memo

2009-S3794A (ACTIVE) - Bill Text download pdf

Comments