Senate Bill sb0252

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006        (Corrected Copy)           SB 252

    By Senator Rich





    34-109A-06

  1                      A bill to be entitled

  2         An act relating to emergency medical services;

  3         amending s. 401.107, F.S.; defining the terms

  4         "youth athletic organization" and "automated

  5         external defibrillator device"; amending s.

  6         401.111, F.S.; providing for grants to local

  7         agencies, emergency medical services

  8         organizations, and youth athletic organizations

  9         to expand the use of automated external

10         defibrillator devices; amending s. 401.113,

11         F.S.; providing for disbursement of funds from

12         the Emergency Medical Services Trust Fund;

13         amending s. 768.1325, F.S.; providing

14         additional circumstances under which immunity

15         for the use of an automated external

16         defibrillator does not apply; requiring the

17         Department of Health to administer an

18         educational campaign regarding the lack of

19         immunity in the use of such a device under

20         certain circumstances; providing an effective

21         date.

22  

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

24  

25         Section 1.  Subsections (6) and (7) are added to

26  section 401.107, Florida Statutes, to read:

27         401.107  Definitions.--As used in this part, the term:

28         (6)  "Youth athletic organization" means a private

29  not-for-profit organization that promotes and provides

30  organized athletic activities to youth.

31  

                                  1

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






    Florida Senate - 2006        (Corrected Copy)           SB 252
    34-109A-06




 1         (7)  "Automated external defibrillator device" means a

 2  device as defined in s. 768.1325.

 3         Section 2.  Section 401.111, Florida Statutes, is

 4  amended to read:

 5         401.111  Emergency medical services grant program;

 6  authority.--The department is hereby authorized to make grants

 7  to local agencies, and emergency medical services

 8  organizations, and youth athletic organizations in accordance

 9  with any agreement entered into pursuant to this part. These

10  grants shall be designed to assist local said agencies and

11  emergency medical services organizations in providing

12  emergency medical services, including emergency medical

13  dispatch, and to assist youth athletic organizations that work

14  in conjunction with local emergency medical services

15  organizations to expand the use of automated external

16  defibrillator devices in the community. The cost of

17  administering this program shall be paid by the department

18  from funds appropriated to it.

19         Section 3.  Paragraphs (a) and (b) of subsection (2) of

20  section 401.113, Florida Statutes, are amended to read:

21         401.113  Department; powers and duties.--

22         (2)  The department shall annually dispense funds

23  contained in the Emergency Medical Services Trust Fund as

24  follows:

25         (a)  Forty-five percent of such moneys must be divided

26  among the counties according to the proportion of the combined

27  amount deposited in the trust fund from the county. These

28  funds may not be used to match grant funds as identified in

29  paragraph (b). An individual board of county commissioners may

30  distribute these funds to emergency medical service

31  

                                  2

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






    Florida Senate - 2006        (Corrected Copy)           SB 252
    34-109A-06




 1  organizations and youth athletic organizations within the

 2  county, as it deems appropriate.

 3         (b)  Forty percent of such moneys must be used by the

 4  department for making matching grants to local agencies,

 5  municipalities, and emergency medical services organizations,

 6  and youth athletic organizations for the purpose of conducting

 7  research, increasing existing levels of emergency medical

 8  services, evaluation, community education, injury-prevention

 9  programs, and training in cardiopulmonary resuscitation and

10  other lifesaving and first aid techniques.

11         1.  At least 90 percent of these moneys must be made

12  available on a cash matching basis. A grant made under this

13  subparagraph must be contingent upon the recipient providing a

14  cash sum equal to 25 percent of the total department-approved

15  grant amount.

16         2.  No more than 10 percent of these moneys must be

17  made available to rural emergency medical services, and

18  notwithstanding the restrictions specified in subsection (1),

19  these moneys may be used for improvement, expansion, or

20  continuation of services provided. A grant made under this

21  subparagraph must be contingent upon the recipient providing a

22  cash sum equal to no more than 10 percent of the total

23  department-approved grant amount.

24  

25  The department shall develop procedures and standards for

26  grant disbursement under this paragraph based on the need for

27  emergency medical services, the requirements of the population

28  to be served, and the objectives of the state emergency

29  medical services plan.

30         Section 4.  Subsection (4) of section 768.1325, Florida

31  Statutes, is amended to read:

                                  3

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






    Florida Senate - 2006        (Corrected Copy)           SB 252
    34-109A-06




 1         768.1325  Cardiac Arrest Survival Act; immunity from

 2  civil liability.--

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

 4  person if:

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

 6  willful or criminal misconduct, gross negligence, reckless

 7  disregard or misconduct, or a conscious, flagrant indifference

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

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

10  professional who used the automated external defibrillator

11  device while acting within the scope of the license or

12  certification of the professional and within the scope of the

13  employment or agency of the professional;

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

15  whose primary purpose is providing health care directly to

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

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

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

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

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

21  the device to such entity for compensation without selling the

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

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

24  the scope of the employment or agency of the employee or

25  agent; or

26         (e)  The person is an acquirer of the device who failed

27  to maintain and test the device or failed to provide

28  appropriate training in the use of the device to his or her

29  employee or agent when the employee or agent is the person who

30  used the device on the victim; or

31         (f)(e)  The person is the manufacturer of the device.

                                  4

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






    Florida Senate - 2006        (Corrected Copy)           SB 252
    34-109A-06




 1  

 2  The Department of Health shall administer an educational

 3  campaign to inform each person who acquires an automated

 4  external defibrillator device about the provisions of this

 5  subsection.

 6         Section 5.  This act shall take effect July 1, 2006.

 7  

 8            *****************************************

 9                          SENATE SUMMARY

10    Provides for grants to local agencies, emergency medical
      services organizations, and youth athletic organizations
11    to expand the use of automated external defibrillator
      devices. Provides additional circumstances under which
12    immunity for the use of an automated external
      defibrillator does not apply. Requires the Department of
13    Health to administer an educational campaign regarding
      the lack of immunity in the use of such a device under
14    certain circumstances.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  5

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