Senate Bill sb1966c1
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Florida Senate - 2001 CS for SB 1966
By the Committee on Judiciary and Senator Sullivan
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1 A bill to be entitled
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.
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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 the lack of readily
31 available lifesaving medical equipment, and
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Florida Senate - 2001 CS for SB 1966
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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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Florida Senate - 2001 CS for SB 1966
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1 Be It Enacted by the Legislature of the State of Florida:
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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 use 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 4. In the case of a defibrillator device that may be
28 operated in either an automatic or a manual mode, is set to
29 operate in the automatic mode.
30 (c) "Harm" means damage or loss of any and all types,
31 including, but not limited to, physical, nonphysical,
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Florida Senate - 2001 CS for SB 1966
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1 economic, noneconomic, actual, compensatory, consequential,
2 incidental, and punitive damages or losses.
3 (3) Notwithstanding any other provision of law to the
4 contrary, and except as provided in subsection (4), any person
5 who uses or attempts to use an automated external
6 defibrillator device on a victim of a perceived medical
7 emergency is immune from civil liability for any harm
8 resulting from the use or attempted use of such device, or for
9 any act or failure to act in providing or arranging further
10 medical treatment. In addition, any person who acquired the
11 device is immune from such liability if the harm was not due
12 to the failure of such acquirer of the device to:
13 (a) Notify the local emergency medical services
14 medical director of the most recent placement of the device
15 within a reasonable period of time after the device was
16 placed;
17 (b) Properly maintain and test the device; or
18 (c) Provide appropriate training in the use of the
19 device to an employee or agent of the acquirer when the
20 employee or agent was the person who used the device on the
21 victim, except that such requirement of training does not
22 apply if:
23 1. The employee or agent was not an employee or agent
24 who would have been reasonably expected to use the device; or
25 2. The period of time elapsing between the engagement
26 of the person as an employee or agent and the occurrence of
27 the harm, or between the acquisition of the device and the
28 occurrence of the harm in any case in which the device was
29 acquired after engagement of the employee or agent, was not a
30 reasonably sufficient period in which to provide the training.
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Florida Senate - 2001 CS for SB 1966
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1 (4) Immunity under subsection (3) does not apply to a
2 person if:
3 (a) The harm involved was caused by that person's
4 willful or criminal misconduct, gross negligence, reckless
5 misconduct, or a conscious, flagrant indifference to the
6 rights or safety of the victim who was harmed;
7 (b) The person is a hospital, clinic, or other entity
8 whose primary purpose is providing health care directly to
9 patients, and the harm was caused by an employee or agent of
10 the entity who used the device while acting within the scope
11 of the employment or agency of the employee or agent;
12 (c) The person is an acquirer of the device who leased
13 the device to a health care entity, or who otherwise provided
14 the device to such entity for compensation without selling the
15 device to the entity, and the harm was caused by an employee
16 or agent of the entity who used the device while acting within
17 the scope of the employment or agency of the employee or
18 agent; or
19 (d) The person is the manufacturer of the device.
20 (5) This section does not establish any cause of
21 action. This section does not require that an automated
22 external defibrillator device be placed at any building or
23 other location or require an acquirer to make available on its
24 premises one or more employees or agents trained in the use of
25 the device.
26 Section 2. Subsection (4) of section 768.13, Florida
27 Statutes, is repealed.
28 Section 3. Section 401.2915, Florida Statutes, is
29 amended to read:
30 401.2915 Automated Automatic external
31 defibrillators.--It is the intent of the Legislature that an
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Florida Senate - 2001 CS for SB 1966
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1 automated automatic external defibrillator may be used by any
2 person for the purpose of saving the life of another person in
3 cardiac arrest. In order to ensure public health and safety:
4 (1) All persons who have access to or use an automated
5 automatic external defibrillator must obtain appropriate
6 training, to include completion of a course in cardiopulmonary
7 resuscitation or successful completion of a basic first aid
8 course that includes cardiopulmonary resuscitation training,
9 and demonstrated proficiency in the use of an automated
10 automatic external defibrillator;
11 (2) Any person or entity in possession of an automated
12 automatic external defibrillator is encouraged to register
13 with the local emergency medical services medical director the
14 existence and location of the automated automatic external
15 defibrillator; and
16 (3) Any person who uses an automated automatic
17 external defibrillator is required to activate the emergency
18 medical services system as soon as possible upon use of the
19 automated automatic external defibrillator.
20 Section 4. By January 1, 2003, the Secretary of Health
21 shall adopt rules to establish guidelines on the appropriate
22 placement of automated external defibrillator devices in
23 buildings or portions of buildings owned or leased by the
24 state, and shall establish, by rule, recommendations on
25 procedures for the deployment of automated external
26 defibrillator devices in such buildings in accordance with the
27 guidelines. The Secretary of Management Services shall assist
28 the Secretary of Health in the development of the guidelines.
29 The guidelines for the placement of the automated external
30 defibrillators shall take into account the typical number of
31 employees and visitors in the buildings, the extent of the
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1 need for security measures regarding the buildings, special
2 circumstances in buildings or portions of buildings such as
3 high electrical voltages or extreme heat or cold, and such
4 other factors as the secretaries determine to be appropriate.
5 The Secretary of Health's recommendations for deployment of
6 automated external defibrillators in buildings or portions of
7 buildings owned or leased by the state shall include:
8 (1) A reference list of appropriate training courses
9 in the use of such devices, including the role of
10 cardiopulmonary resuscitation;
11 (2) The extent to which such devices may be used by
12 laypersons;
13 (3) Manufacturer-recommended maintenance and testing
14 of the devices; and
15 (4) Coordination with local emergency medical services
16 systems regarding the incidents of use of the devices.
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18 In formulating these guidelines and recommendations, the
19 secretary may consult with all appropriate public and private
20 entities, including national and local public health
21 organizations that seek to improve the survival rates of
22 individuals who experience cardiac arrest.
23 Section 5. This act shall take effect October 1, 2001.
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Florida Senate - 2001 CS for SB 1966
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 1966
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4 Provides that s. 768.1325, F.S., may be cited as the "Cardiac
Arrest Survival Act".
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Changes the terminology from "automatic external defibrillator
6 device" to "automated external defibrillator device"
throughout the bill.
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Limits the bill's immunity provisions so that manufacturers of
8 automated external defibrillator devices are excluded from
immunity from civil liability.
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Requires the secretary of health to adopt rules that establish
10 guidelines on the placement, and procedures for deployment, of
automated external defibrillator devices in buildings owned or
11 leased by the state.
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