HOUSE AMENDMENT
                                                  Bill No. HB 1429
    Amendment No. 002 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Byrd offered the following:
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13         Amendment to Amendment (571015) 
14         On page 3, line 14,
15         Through page 4, line 1,
16  remove from the amendment:  all of said lines
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18  and insert in lieu thereof:  
19         (4)  Immunity under subsection (3) does not apply to a
20  person if:
21         (a)  The harm involved was caused by that person's
22  willful or criminal misconduct, gross negligence, reckless
23  disregard or misconduct, or a conscious, flagrant indifference
24  to the rights or safety of the victim who was harmed;
25         (b)  The person is a licensed or certified health
26  professional who used the automated external defibrillator
27  device while acting within the scope of the license or
28  certification of the professional and within the scope of the
29  employment or agency of the professional;
30         (c)  The person is a hospital, clinic, or other entity
31  whose primary purpose is providing health care directly to
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    File original & 9 copies    04/24/01                          
    hpc0005                     09:13 pm         01429-0062-231369


                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1429
    Amendment No. 002 (for drafter's use only)
 1  patients, and the harm was caused by an employee or agent of
 2  the entity who used the device while acting within the scope
 3  of the employment or agency of the employee or agent;
 4         (d)  The person is an acquirer of the device who leased
 5  the device to a health care entity, or who otherwise provided
 6  the device to such entity for compensation without selling the
 7  device to the entity, and the harm was caused by an employee
 8  or agent of the entity who used the device while acting within
 9  the scope of the employment or agency of the employee or
10  agent; or
11         (e)  The person is the manufacturer of the device.
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    File original & 9 copies    04/24/01                          
    hpc0005                     09:13 pm         01429-0062-231369