HB 0211

CS

CHAMBER ACTION

1	The Health & Families Council recommends the following:
2
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 that it is a first-
12	degree misdemeanor for a person to commit certain acts
13	involving the misuse of an automated external
14	defibrillator; authorizing a local government to adopt an
15	ordinance to license, permit, or inspect automated
16	external defibrillators; providing for enforcement of such
17	local ordinances; requiring the Department of Health to
18	implement an educational campaign to inform the public
19	about the lack of immunity from liability regarding the
20	use of automated external defibrillators under certain
21	conditions; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 401.2915, Florida Statutes, is amended
26	to read:
27	401.2915  Automated external defibrillators.--It is the
28	intent of the Legislature that an automated external
29	defibrillator may be used by any person for the purpose of
30	saving the life of another person in cardiac arrest. In order to
31	achieve that goal, the Legislature intends to encourage training
32	in lifesaving first aid, set standards for the use of automated
33	external defibrillators, and encourage their use.
34	(1)  As used in this section, the term:
35	(a)  "Automated external defibrillator" means a lifesaving
36	defibrillation device that:
37	1.  Is commercially distributed as a defibrillation device
38	in accordance with the Federal Food, Drug, and Cosmetic Act.
39	2.  Is capable of recognizing the presence or absence of
40	ventricular fibrillation and is capable of determining, without
41	intervention by the user of the device, if defibrillation should
42	be performed.
43	3.  Is capable of delivering an electrical shock to an
44	individual, upon determining that defibrillation should be
45	performed.
46	(b)  "Defibrillation" means the administration of a
47	controlled electrical charge to the heart to restore a viable
48	cardiac rhythm.
49	(2)  In order to ensure public health and safety:
50	(a)(1)  All persons who use an automated external
51	defibrillator must obtain appropriate training, to include
52	completion of a course in cardiopulmonary resuscitation or
53	successful completion of a basic first aid course that includes
54	cardiopulmonary resuscitation training, and demonstrated
55	proficiency in the use of an automated external defibrillator.;
56	(b)(2)  Any person or entity in possession of an automated
57	external defibrillator is encouraged to register with the local
58	emergency medical services medical director the existence and
59	location of the automated external defibrillator.; and
60	(c)(3)  Any person who uses an automated external
61	defibrillator shall is required to activate the emergency
62	medical services system as soon as possible upon use of the
63	automated external defibrillator.
64	(3)  Any person who intentionally or willfully:
65	(a)  Tampers with or otherwise renders an automated
66	external defibrillator inoperative, except during such time as
67	the automated external defibrillator is being serviced, tested,
68	repaired, or recharged or except pursuant to court order; or
69	(b)  Obliterates the serial number on an automated external
70	defibrillator for purposes of falsifying service records,
71
72	commits a misdemeanor of the first degree, punishable as
73	provided in s. 775.082 or s. 775.083.
74	(4)  A local ordinance may require a person to obtain a
75	license, permit, or inspection certificate regarding automated
76	external defibrillators. Such ordinance may provide for any
77	enforcement method authorized by s. 162.22. The ordinance may
78	provide that it is an infraction or a criminal offense for any
79	person to intentionally or willfully:
80	(a)  Fail to properly service, recharge, repair, test, or
81	inspect an automated external defibrillator;
82	(b)  Use the license, permit, or inspection certificate of
83	another person to service, recharge, repair, test, or inspect an
84	automated external defibrillator;
85	(c)  Hold a permit or inspection certificate and allow
86	another person to use that permit or inspection certificate
87	number to service, recharge, repair, test, or inspect an
88	automated external defibrillator; or
89	(d)  Use or permit the use of any license, permit, or
90	inspection certificate by any individual or organization other
91	than the one to whom the license, permit, or inspection
92	certificate is issued to service, recharge, repair, test, or
93	inspect an automated external defibrillator.
94	Section 2.  The Department of Health shall implement an
95	educational campaign to inform any person who acquires an
96	automated external defibrillator device that his or her immunity
97	from liability under s. 768.1325, Florida Statutes, for harm
98	resulting from the use or attempted use of the device, does not
99	apply if he or she fails to:
100	(1)  Properly maintain and test the device; or
101	(2)  Provide appropriate training in the use of the device
102	to his or her employee or agent when the employee or agent was
103	the person who used the device on the victim, except as provided
104	in s. 768.1325, Florida Statutes.
105	Section 3.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.