House Bill hb1429er

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    ENROLLED

    2001 Legislature                      HB 1429, First Engrossed



  1                                 

  2         An act relating to automated 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 automated

  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; directing the Department

16         of Health, with assistance from the Department

17         of Management Services, to adopt rules to

18         establish guidelines on the appropriate

19         placement and deployment of automated external

20         defibrillator devices in certain buildings

21         owned or leased by the state; specifying

22         factors to be considered in device placement

23         and deployment; providing an effective date.

24  

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

26  cardiac arrest in the United States alone, and

27         WHEREAS, two out of every three sudden cardiac deaths

28  occur before a victim can reach a hospital, and

29         WHEREAS, more than 95 percent of these cardiac arrest

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

31  lifesaving medical equipment, and


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    ENROLLED

    2001 Legislature                      HB 1429, First Engrossed



  1         WHEREAS, with current medical technology, up to 30

  2  percent of cardiac arrest victims could be saved if victims

  3  had access to immediate medical response, including

  4  defibrillation and cardiopulmonary resuscitation, and

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

  6  every minute that passes before returning the heart to a

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

  8  and

  9         WHEREAS, most cardiac arrests are caused by an abnormal

10  heart rhythm called ventricular fibrillation, which occurs

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

12  chaotic rhythm that prevents the heart from pumping oxygen to

13  the victim's brain and body, and

14         WHEREAS, communities that have implemented programs

15  ensuring widespread access to defibrillators, combined with

16  appropriate training, maintenance, and coordination with local

17  emergency medical systems have dramatically improved the

18  survival rates from cardiac arrest, and

19         WHEREAS, automated external defibrillator devices have

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

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

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

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

24  required, and

25         WHEREAS, increased public awareness regarding automated

26  external defibrillator devices will greatly facilitate their

27  adoption, and

28         WHEREAS, limiting the liability of users and acquirers

29  of automated external defibrillator devices in emergency

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

31  saved lives, NOW, THEREFORE,


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    ENROLLED

    2001 Legislature                      HB 1429, First Engrossed



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

  2  

  3         Section 1.  Section 768.1325, Florida Statutes, is

  4  created to read:

  5         768.1325  Cardiac Arrest Survival Act; immunity from

  6  civil liability.--

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

  8  Survival Act."

  9         (2)  As used in this section:

10         (a)  "Perceived medical emergency" means circumstances

11  in which the behavior of an individual leads a reasonable

12  person to believe that the individual is experiencing a

13  life-threatening medical condition that requires an immediate

14  medical response regarding the heart or other cardiopulmonary

15  functioning of the individual.

16         (b)  "Automated external defibrillator device" means a

17  defibrillator device that:

18         1.  Is commercially distributed in accordance with the

19  Federal Food, Drug, and Cosmetic Act.

20         2.  Is capable of recognizing the presence or absence

21  of ventricular fibrillation, and is capable of determining

22  without intervention by the user of the device whether

23  defibrillation should be performed.

24         3.  Upon determining that defibrillation should be

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

26  individual.

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

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

29  economic, noneconomic, actual, compensatory, consequential,

30  incidental, and punitive damages or losses.

31  


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    2001 Legislature                      HB 1429, First Engrossed



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

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

  3  who uses or attempts to use an automated external

  4  defibrillator device on a victim of a perceived medical

  5  emergency, without objection of the victim of the perceived

  6  medical emergency, is immune from civil liability for any harm

  7  resulting from the use or attempted use of such device.  In

  8  addition, any person who acquired the device is immune from

  9  such liability, if the harm was not due to the failure of such

10  acquirer of the device to:

11         (a)  Notify the local emergency medical services

12  medical director of the most recent placement of the device

13  within a reasonable period of time after the device was

14  placed;

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

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

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

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

19  victim, except that such requirement of training does not

20  apply if:

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

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

23         2.  The period of time elapsing between the engagement

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

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

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

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

28  reasonably sufficient period in which to provide the training.

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

30  person if:

31  


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    2001 Legislature                      HB 1429, First Engrossed



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

  2  willful or criminal misconduct, gross negligence, reckless

  3  disregard or misconduct, or a conscious, flagrant indifference

  4  to the rights or safety of the victim who was harmed;

  5         (b)  The person is a licensed or certified health

  6  professional who used the automated external defibrillator

  7  device while acting within the scope of the license or

  8  certification of the professional and within the scope of the

  9  employment or agency of the professional;

10         (c)  The person is a hospital, clinic, or other entity

11  whose primary purpose is providing health care directly to

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

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

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

15         (d)  The person is an acquirer of the device who leased

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

17  the device to such entity for compensation without selling the

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

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

20  the scope of the employment or agency of the employee or

21  agent; or

22         (e)  The person is the manufacturer of the device.

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

24  action. This section does not require that an automated

25  external defibrillator device be placed at any building or

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

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

28  the device.

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

30  Statutes, is repealed.

31  


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    ENROLLED

    2001 Legislature                      HB 1429, First Engrossed



  1         Section 3.  Section 401.2915, Florida Statutes, is

  2  amended to read:

  3         401.2915  Automated Automatic external

  4  defibrillators.--It is the intent of the Legislature that an

  5  automated automatic external defibrillator may be used by any

  6  person for the purpose of saving the life of another person in

  7  cardiac arrest.  In order to ensure public health and safety:

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

  9  automatic external defibrillator must obtain appropriate

10  training, to include completion of a course in cardiopulmonary

11  resuscitation or successful completion of a basic first aid

12  course that includes cardiopulmonary resuscitation training,

13  and demonstrated proficiency in the use of an automated

14  automatic external defibrillator;

15         (2)  Any person or entity in possession of an automated

16  automatic external defibrillator is encouraged to register

17  with the local emergency medical services medical director the

18  existence and location of the automated automatic external

19  defibrillator; and

20         (3)  Any person who uses an automated automatic

21  external defibrillator is required to activate the emergency

22  medical services system as soon as possible upon use of the

23  automated automatic external defibrillator.

24         Section 4.  No later than January 1, 2003, the

25  Secretary of the Department of Health shall adopt rules to

26  establish guidelines on the appropriate placement of automated

27  external defibrillator devices in buildings or portions of

28  buildings owned or leased by the state, and shall establish,

29  by rule, recommendations on procedures for the deployment of

30  automated external defibrillator devices in such buildings in

31  accordance with the guidelines.  The Secretary of the


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    ENROLLED

    2001 Legislature                      HB 1429, First Engrossed



  1  Department of Management Services shall assist the Secretary

  2  of the Department of Health in the development of the

  3  guidelines.  The guidelines for the placement of the automated

  4  external defibrillators shall take into account the typical

  5  number of employees and visitors in the buildings, the extent

  6  of the need for security measures regarding the buildings,

  7  special circumstances in buildings or portions of buildings

  8  such as high electrical voltages or extreme heat or cold, and

  9  such other factors as the Secretaries determine to be

10  appropriate.  The Secretary of the Department of Health's

11  recommendations for deployment of automated external

12  defibrillators in buildings or portions of buildings owned or

13  leased by the state shall include:

14         (a)  A reference list of appropriate training courses

15  in the use of such devices, including the role of

16  cardiopulmonary resuscitation;

17         (b)  The extent to which such devices may be used by

18  laypersons;

19         (c)  Manufacturer recommended maintenance and testing

20  of the devices; and

21         (d)  Coordination with local emergency medical services

22  systems regarding the incidents of use of the devices.

23  

24  In formulating these guidelines and recommendations, the

25  Secretary may consult with all appropriate public and private

26  entities, including national and local public health

27  organizations that seek to improve the survival rates of

28  individuals who experience cardiac arrest.

29         Section 5.  This act shall take effect October 1, 2001.

30  

31  


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