House Bill hb1429

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    Florida House of Representatives - 2001                HB 1429

        By Representative Byrd






  1                      A bill to be entitled

  2         An act relating to automatic external

  3         defibrillators; creating s. 768.1325, F.S.;

  4         creating the Cardiac Arrest Survival Act;

  5         providing definitions; providing immunity from

  6         liability for certain persons who use automatic

  7         external defibrillators under certain

  8         circumstances; providing exceptions; repealing

  9         s. 768.13(4), F.S., relating to the Good

10         Samaritan Act, to delete reference to the use

11         of an automatic external defibrillator in

12         certain emergency situations; amending s.

13         401.2915, F.S.; revising a provision of law

14         relating to automatic external defibrillators

15         to conform to the act; providing an effective

16         date.

17

18         WHEREAS, over 700 lives are lost every day to sudden

19  cardiac arrest in the United States alone, and

20         WHEREAS, two out of every three sudden cardiac deaths

21  occur before a victim can reach a hospital, and

22         WHEREAS, more than 95 percent of these cardiac arrest

23  victims will die, many because of lack of readily available

24  lifesaving medical equipment, and

25         WHEREAS, with current medical technology, up to 30

26  percent of cardiac arrest victims could be saved if victims

27  had access to immediate medical response, including

28  defibrillation and cardiopulmonary resuscitation, and

29         WHEREAS, once a victim has suffered a cardiac arrest,

30  every minute that passes before returning the heart to a

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    Florida House of Representatives - 2001                HB 1429

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  1  normal rhythm decreases the chances of survival by 10 percent,

  2  and

  3         WHEREAS, most cardiac arrests are caused by an abnormal

  4  heart rhythm called ventricular fibrillation, which occurs

  5  when the heart's electrical system malfunctions, causing a

  6  chaotic rhythm that prevents the heart from pumping oxygen to

  7  the victim's brain and body, and

  8         WHEREAS, communities that have implemented programs

  9  ensuring widespread access to defibrillators, combined with

10  appropriate training, maintenance, and coordination with local

11  emergency medical systems have dramatically improved the

12  survival rates from cardiac arrest, and

13         WHEREAS, automatic external defibrillator devices have

14  been demonstrated to be safe and effective, even when used by

15  laypersons, since the devices are designed not to allow a user

16  to administer a shock until after the device has analyzed a

17  victim's heart rhythm and determined that an electric shock is

18  required, and

19         WHEREAS, increased public awareness regarding automatic

20  external defibrillator devices will greatly facilitate their

21  adoption, and

22         WHEREAS, limiting the liability of users and acquirers

23  of automatic external defibrillator devices in emergency

24  situations may encourage the use of the devices, and result in

25  saved lives, NOW, THEREFORE,

26

27  Be It Enacted by the Legislature of the State of Florida:

28

29         Section 1.  Section 768.1325, Florida Statutes, is

30  created to read:

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    Florida House of Representatives - 2001                HB 1429

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  1         768.1325  Cardiac Arrest Survival Act; immunity from

  2  civil liability.--

  3         (1)  This section may be cited as the "Cardiac Arrest

  4  Survival Act."

  5         (2)  As used in this section:

  6         (a)  "Perceived medical emergency" means circumstances

  7  in which the behavior of an individual leads a reasonable

  8  person to believe that the individual is experiencing a

  9  life-threatening medical condition that requires an immediate

10  medical response regarding the heart or other cardiopulmonary

11  functioning of the individual.

12         (b)  "Automatic external defibrillator device" means a

13  defibrillator device that:

14         1.  Is commercially distributed in accordance with the

15  Federal Food, Drug, and Cosmetic Act.

16         2.  Is capable of recognizing the presence or absence

17  of ventricular fibrillation, and is capable of determining

18  without intervention by the user of the device whether

19  defibrillation should be performed.

20         3.  Upon determining that defibrillation should be

21  performed, is able to deliver an electrical shock to an

22  individual.

23         4.  In the case of a defibrillator device that may be

24  operated in either an automatic or a manual mode, is set to

25  operate in the automatic mode.

26         (c)  "Harm" means damage or loss of any and all types,

27  including, but not limited to, physical, nonphysical,

28  economic, noneconomic, actual, compensatory, consequential,

29  incidental, and punitive damages or losses.

30         (3)  Notwithstanding any other provision of law to the

31  contrary, and except as provided in subsection (4), any person

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    Florida House of Representatives - 2001                HB 1429

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  1  who uses or attempts to use an automatic external

  2  defibrillator device on a victim of a perceived medical

  3  emergency is immune from civil liability for any harm

  4  resulting from the use or attempted use of such device, or any

  5  act or failure to act in providing or arranging further

  6  medical treatment. In addition, any person who acquired the

  7  device is immune from such liability, if the harm was not due

  8  to the failure of such acquirer of the device to:

  9         (a)  Notify local emergency response personnel or other

10  appropriate entities of the most recent placement of the

11  device within a reasonable period of time after the device was

12  placed;

13         (b)  Properly maintain and test the device; or

14         (c)  Provide appropriate training in the use of the

15  device to an employee or agent of the acquirer when the

16  employee or agent was the person who used the device on the

17  victim, except that such requirement of training does not

18  apply if:

19         1.  The employee or agent was not an employee or agent

20  who would have been reasonably expected to use the device; or

21         2.  The period of time elapsing between the engagement

22  of the person as an employee or agent and the occurrence of

23  the harm, or between the acquisition of the device and the

24  occurrence of the harm in any case in which the device was

25  acquired after engagement of the employee or agent, was not a

26  reasonably sufficient period in which to provide the training.

27         (4)  Immunity under subsection (3) does not apply to a

28  person if:

29         (a)  The harm involved was caused by that person's

30  willful or criminal misconduct, gross negligence, reckless

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  1  misconduct, or a conscious, flagrant indifference to the

  2  rights or safety of the victim who was harmed;

  3         (b)  The person is a hospital, clinic, or other entity

  4  whose primary purpose is providing health care directly to

  5  patients, and the harm was caused by an employee or agent of

  6  the entity who used the device while acting within the scope

  7  of the employment or agency of the employee or agent;

  8         (c)  The person is an acquirer of the device who leased

  9  the device to a health care entity, or who otherwise provided

10  the device to such entity for compensation without selling the

11  device to the entity, and the harm was caused by an employee

12  or agent of the entity who used the device while acting within

13  the scope of the employment or agency of the employee or

14  agent; or

15         (d)  The person is the manufacturer of the device.

16         (5)  This section does not establish any cause of

17  action. This section does not require that an automatic

18  external defibrillator device be placed at any building or

19  other location or require an acquirer to make available on its

20  premises one or more employees or agents trained in the use of

21  the device.

22         Section 2.  Subsection (4) of section 768.13, Florida

23  Statutes, is repealed.

24         Section 3.  Subsection (1) of section 401.2915, Florida

25  Statutes, is amended to read:

26         401.2915  Automatic external defibrillators.--It is the

27  intent of the Legislature that an automatic external

28  defibrillator may be used by any person for the purpose of

29  saving the life of another person in cardiac arrest. In order

30  to ensure public health and safety:

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    Florida House of Representatives - 2001                HB 1429

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  1         (1)  All persons who have access to or use an automatic

  2  external defibrillator must obtain appropriate training, to

  3  include completion of a course in cardiopulmonary

  4  resuscitation or successful completion of a basic first aid

  5  course that includes cardiopulmonary resuscitation training,

  6  and demonstrated proficiency in the use of an automatic

  7  external defibrillator;

  8         Section 4.  This act shall take effect October 1, 2001.

  9

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11                          HOUSE SUMMARY

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      Creates the Cardiac Arrest Survival Act to provide
13    immunity from liability for described persons who use
      automatic external defibrillators in an emergency. See
14    bill for details.

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