Virginia SB 394: Virginia Health Club Act; automated external defibrillator required in health clubs.

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Bill Tracking - 2020 session > Legislation 

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2020 SESSION

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CHAPTER 628 

An Act to amend and reenact � 59.1-296 of the Code of Virginia 
and to amend the Code of Virginia by adding a section numbered 59.1-296.2:2, relating 
to Virginia Health Club Act; automated external defibrillators required in 
health clubs. 

[S 394] 

Approved April 2, 2020 

Be it enacted by the General Assembly of Virginia:

1. That � 59.1-296 of the Code of Virginia is amended and 
reenacted and that the Code of Virginia is amended by adding a section numbered 
59.1-296.2:2 as follows:

� 59.1-296. Definitions.

As used in this chapter, unless the context requires a 
different meaning:

"Automated external defibrillator" means a device 
that combines a heart monitor and defibrillator and (i) has been approved by 
the U.S. Food and Drug Administration; (ii) is capable of recognizing the 
presence or absence of ventricular fibrillation or rapid ventricular 
tachycardia; (iii) is capable of determining, without intervention by an 
operator, whether defibrillation should be performed; and (iv) automatically 
charges and requests delivery of an electrical impulse to an individual's heart 
upon determining that defibrillation should be performed.

"Business day" means any day except a Sunday or a 
legal holiday.

"Buyer" means a natural person who enters into a 
health club contract.

"Commissioner" means the Commissioner of Agriculture 
and Consumer Services, or a member of his staff to whom he may delegate his 
duties under this chapter.

"Comparable alternate facility" means a health club 
facility that is reasonably of like kind, in nature and quality, to the health 
club facility originally contracted, whether such facility is in the same 
location but owned or operated by a different health club or is at another 
location of the same health club.

"Contract price" means the sum of the initiation 
fee, if any, and all monthly fees except interest required by the health club 
contract.

"Facility" means a location where health club 
services are offered as designated in a health club contract.

"Health club" means any person, firm, corporation, 
organization, club or association whose primary purpose is to engage in the 
sale of memberships in a program consisting primarily of physical exercise with 
exercise machines or devices, or whose primary purpose is to engage in the sale 
of the right or privilege to use exercise machines or devices. The term 
"health club" shall not include the following: (i) bona fide 
nonprofit organizations, including, but not limited to, the Young Men's 
Christian Association, Young Women's Christian Association, or similar 
organizations whose functions as health clubs are only incidental to their 
overall functions and purposes; (ii) any private club owned and operated by its 
members; (iii) any or