1 | Representative(s) Henriquez offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove line(s) 16-38 and insert: |
5 | Section 1. Section 401.2915, Florida Statutes, is amended |
6 | to read: |
7 | 401.2915 Automated external defibrillators.--It is the |
8 | intent of the Legislature that an automated external |
9 | defibrillator may be used by any person for the purpose of |
10 | saving the life of another person in cardiac arrest. In order to |
11 | achieve that goal, the Legislature intends to encourage training |
12 | in lifesaving first aid, set standards for the use of automated |
13 | external defibrillators, and encourage their use. |
14 | (1) As used in this section, the term: |
15 | (a) "Automated external defibrillator" means a lifesaving |
16 | defibrillation device that: |
17 | 1. Is commercially distributed as a defibrillation device |
18 | in accordance with the Federal Food, Drug, and Cosmetic Act. |
19 | 2. Is capable of recognizing the presence or absence of |
20 | ventricular fibrillation and is capable of determining, without |
21 | intervention by the user of the device, if defibrillation should |
22 | be performed. |
23 | 3. Is capable of delivering an electrical shock to an |
24 | individual, upon determining that defibrillation should be |
25 | performed. |
26 | (b) "Defibrillation" means the administration of a |
27 | controlled electrical charge to the heart to restore a viable |
28 | cardiac rhythm. |
29 | (2) In order to ensure public health and safety: |
30 | (a)(1) All persons who use an automated external |
31 | defibrillator must obtain appropriate training, to include |
32 | completion of a course in cardiopulmonary resuscitation or |
33 | successful completion of a basic first aid course that includes |
34 | cardiopulmonary resuscitation training, and demonstrated |
35 | proficiency in the use of an automated external defibrillator.; |
36 | (b)(2) Any person or entity in possession of an automated |
37 | external defibrillator is encouraged to register with the local |
38 | emergency medical services medical director the existence and |
39 | location of the automated external defibrillator.; and |
40 | (c)(3) Any person who uses an automated external |
41 | defibrillator shall is required to activate the emergency |
42 | medical services system as soon as possible upon use of the |
43 | automated external defibrillator. |
44 | (3) Any person who intentionally or willfully: |
45 | (a) Tampers with or otherwise renders an automated |
46 | external defibrillator inoperative, except during such time as |
47 | the automated external defibrillator is being serviced, tested, |
48 | repaired, or recharged or except pursuant to court order; or |
49 | (b) Obliterates the serial number on an automated external |
50 | defibrillator for purposes of falsifying service records, |
51 |
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52 | commits a misdemeanor of the first degree, punishable as |
53 | provided in s. 775.082 or s. 775.083. |
54 | (4) A local ordinance may require a person to obtain a |
55 | license, permit, or inspection certificate regarding automated |
56 | external defibrillators. Such ordinance may provide for any |
57 | enforcement method authorized by s. 162.22. The ordinance may |
58 | provide that it is an infraction or a criminal offense for any |
59 | person to intentionally or willfully: |
60 | (a) Fail to properly service, recharge, repair, test, or |
61 | inspect an automated external defibrillator; |
62 | (b) Use the license, permit, or inspection certificate of |
63 | another person to service, recharge, repair, test, or inspect an |
64 | automated external defibrillator; |
65 | (c) Hold a permit or inspection certificate and allow |
66 | another person to use that permit or inspection certificate |
67 | number to service, recharge, repair, test, or inspect an |
68 | automated external defibrillator; or |
69 | (d) Use or permit the use of any license, permit, or |
70 | inspection certificate by any individual or organization other |
71 | than the one to whom the license, permit, or inspection |
72 | certificate is issued to service, recharge, repair, test, or |
73 | inspect an automated external defibrillator. |
74 | (5) Each local and state law enforcement vehicle may carry |
75 | an automated external defibrillator. |
76 | Section 2. The Department of Health shall implement an |
77 | educational campaign to inform any person who acquires an |
78 | automated external defibrillator device that his or her immunity |
79 | from liability under s. 768.1325, Florida Statutes, for harm |
80 | resulting from the use or attempted use of the device, does not |
81 | apply if he or she fails to: |
82 | (1) Properly maintain and test the device; or |
83 | (2) Provide appropriate training in the use of the device |
84 | to his or her employee or agent when the employee or agent was |
85 | the person who used the device on the victim, except as provided |
86 | in s. 768.1325, Florida Statutes. |
87 |
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88 | ================ T I T L E A M E N D M E N T ============= |
89 | Remove line(s) 7-9 and insert: |
90 | amending s. 401.2915, F.S.; revising legislative intent with |
91 | respect to the use of an automated external defibrillator; |
92 | defining an automated external defibrillator as a lifesaving |
93 | defibrillation device; defining a related term; providing that |
94 | it is a first-degree misdemeanor for a person to commit certain |
95 | acts involving the misuse of an automated external |
96 | defibrillator; authorizing a local government to adopt an |
97 | ordinance to license, permit, or inspect automated external |
98 | defibrillators; providing for enforcement of such local |
99 | ordinances; authorizing state and local law enforcement vehicles |
100 | to carry an automated external defibrillator; requiring the |
101 | Department of Health to implement an educational campaign to |
102 | inform the public about the lack of immunity from liability |
103 | regarding the use of automated external defibrillators under |
104 | certain conditions; amending s. 932.7055, F.S.; authorizing |