| 1 | The Health Care General Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to automated external defibrillators; |
| 7 | amending s. 401.2915, F.S.; revising legislative intent |
| 8 | with respect to the use of an automated external |
| 9 | defibrillator; defining an automated external |
| 10 | defibrillator as a lifesaving defibrillation device; |
| 11 | defining a related term; providing penalties; providing an |
| 12 | effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 401.2915, Florida Statutes, is amended |
| 17 | to read: |
| 18 | 401.2915 Automated external defibrillators.--It is the |
| 19 | intent of the Legislature that an automated external |
| 20 | defibrillator may be used by any person for the purpose of |
| 21 | saving the life of another person in cardiac arrest. In order to |
| 22 | achieve that goal, the Legislature intends to encourage training |
| 23 | in lifesaving first aid, set standards for the use of automated |
| 24 | external defibrillators, and encourage their use. |
| 25 | (1) As used in this section, the term: |
| 26 | (a) "Automated external defibrillator" means a lifesaving |
| 27 | defibrillation device that: |
| 28 | 1. Is commercially distributed as a defibrillation device |
| 29 | in accordance with the Federal Food, Drug, and Cosmetic Act. |
| 30 | 2. Is capable of recognizing the presence or absence of |
| 31 | ventricular fibrillation and is capable of determining, without |
| 32 | intervention by the user of the device, if defibrillation should |
| 33 | be performed. |
| 34 | 3. Is capable of delivering an electrical shock to an |
| 35 | individual, upon determining that defibrillation should be |
| 36 | performed. |
| 37 | (b) "Defibrillation" means the administration of a |
| 38 | controlled electrical charge to the heart to restore a viable |
| 39 | cardiac rhythm. |
| 40 | (2) In order to ensure public health and safety: |
| 41 | (a)(1) All persons who use an automated external |
| 42 | defibrillator must obtain appropriate training, to include |
| 43 | completion of a course in cardiopulmonary resuscitation or |
| 44 | successful completion of a basic first aid course that includes |
| 45 | cardiopulmonary resuscitation training, and demonstrated |
| 46 | proficiency in the use of an automated external defibrillator.; |
| 47 | (b)(2) Any person or entity in possession of an automated |
| 48 | external defibrillator is encouraged to register with the local |
| 49 | emergency medical services medical director the existence and |
| 50 | location of the automated external defibrillator.; and |
| 51 | (c)(3) Any person who uses an automated external |
| 52 | defibrillator shall is required to activate the emergency |
| 53 | medical services system as soon as possible upon use of the |
| 54 | automated external defibrillator. |
| 55 | (3) It is a misdemeanor of the first degree, punishable as |
| 56 | provided in s. 775.082 or s. 775.083, to intentionally or |
| 57 | willfully: |
| 58 | (a) Tamper with or otherwise render an automated external |
| 59 | defibrillator inoperative except during such time as the |
| 60 | automated external defibrillator is being serviced, tested, |
| 61 | repaired, or recharged, except pursuant to court order. |
| 62 | (b) Obliterate the serial number on an automated external |
| 63 | defibrillator for purposes of falsifying service records. |
| 64 | (c) Improperly service, recharge, repair, test, or inspect |
| 65 | an automated external defibrillator, if so provided by city or |
| 66 | county code. |
| 67 | (d) Use the license, permit, or inspection certificate of |
| 68 | another person, if so provided by city or county code. |
| 69 | (e) Hold a permit or inspection certificate and allow |
| 70 | another person to use said permit or inspection certificate |
| 71 | number, if so provided by city or county code. |
| 72 | (f) Use, or permit the use of, any license, permit, or |
| 73 | inspection certificate by any individual or organization other |
| 74 | than the one to whom the license, permit, or inspection |
| 75 | certificate is issued, if so provided by city or county code. |
| 76 | Section 2. This act shall take effect upon becoming a law. |