Missouri HB 1263: Proposes mandatory placement of first aid trauma kits in public buildings

Bill Text

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1263
99TH GENERAL ASSEMBLY
4216H.02C D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 190, RSMo, by adding thereto one new section relating to first aid trauma kits.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 190, RSMo, is amended by adding thereto one new section, to be
2 known as section 190.096, to read as follows:
190.096. 1. This section shall be known and may be cited as the "Tactical Response
2 to Traumatic Injuries Act".
3 2. For purposes of this section, "trauma public access kit" or "trauma PAK" means
4 a first aid response kit that contains at least all of the following:
5 (1) Two tourniquets;
6 (2) Two pressure dressings that are inspected for replacement no less than every
7 three years;
8 (3) Four chest seals that are inspected for replacement no less than every three
9 years;
10 (4) Medical materials and equipment similar to those described in subdivisions (1),
11 (2), and (3) of this subsection, and any additional items that are approved by local law
12 enforcement or first responders, that adequately treat a traumatic injury, and can be
13 stored in a readily available kit; and
14 (5) Instructional documents based upon nationally or internationally recognized
15 evidence-based treatment recommendations, guidelines, and programs.
16 3. In order to ensure public safety, a person or entity that supplies a trauma kit
17 may provide the person or entity that acquires the trauma kit with all information
18 governing the use, installation, operation, training, and maintenance of the trauma kit.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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19 4. The placement of trauma PAKs in public or private buildings, facilities, or
20 structures is voluntary, but this shall not preclude any state agency or political subdivision
21 from adopting mandatory building standards requiring the placement of PAKs in public
22 buildings, facilities, or structures. If any person or entity places or requires the placement
23 of PAKs in private buildings, facilities, or structures, then such persons or entities shall
24 comply with the requirements of subsection 5 of this section in order for such person or
25 entity, or any agents thereof, to claim immunity from civil damages under subsection 6 of
26 this section.
27 5. In order to ensure public safety, the entity responsible for managing the building,
28 facility, or tenants of a structure in which a trauma PAK is placed that is an occupied
29 structure shall do all of the following:
30 (1) Comply with all regulations governing the placement of a trauma PAK;
31 (2) Inspect all trauma PAKs acquired and placed on the premises of a building,
32 facility, or structure every three years from the date of installation to ensure that all
33 materials, supplies, and equipment contained in the trauma PAK are not expired, and
34 replace any expired materials, supplies, and equipment as necessary;
35 (3) Restock the trauma PAK after each use and replace any materials, supplies, and
36 equipment as necessary to ensure that all materials, supplies, and equipment required to
37 be contained in the trauma PAK are contained in the trauma PAK;
38 (4) At least once per year, notify tenants of the building, facility, or structure of the
39 location of the trauma PAK and provide information to tenants regarding contact
40 information for training in the use of the trauma PAK; and
41 (5) Provide tenants with instructions in the use of the trauma PAK from the
42 training programs described in subdivision (5) of subsection 2 of this section.
43 6. Notwithstanding any other provision of law, a person or entity that acquires and
44 places a trauma kit for emergency care in a structure shall not be liable for any civil
45 damages resulting from any acts or omissions in the rendering of emergency care by use
46 of the trauma kit if that person or entity has complied with subsection 5 of this section.
47 7. Any person who gratuitously and in good faith renders emergency care or
48 treatment by the use of a trauma PAK at the scene of an emergency shall not be held liable
49 for any civil damages as a result of such care or treatment, unless the person acts in a
50 willful and wanton or reckless manner in providing the care or treatment. The person or
51 entity who provides appropriate training to the person using the trauma PAK, the person
52 or entity responsible for the site where the trauma PAK is located, the person or entity that
53 owns the trauma PAK, the person or entity that provided clinical protocol for trauma PAK
54 sites or programs, and the person or entity that reviews and approves the clinical protocol

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55 shall likewise not be held liable for civil damages resulting from the u