Senate Bill sb0252c1

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    Florida Senate - 2006                            CS for SB 252

    By the Committee on Health and Human Services Appropriations;
    and Senators Rich, Lynn and Alexander




    603-2375-06

  1                      A bill to be entitled

  2         An act relating to emergency medical services;

  3         creating the "Gordon and Muilli Act"; amending

  4         s. 401.107, F.S.; defining the terms "youth

  5         athletic organization" and "automated external

  6         defibrillator device"; amending s. 401.111,

  7         F.S.; providing for grants to local agencies,

  8         emergency medical services organizations, and

  9         youth athletic organizations to expand the use

10         of automated external defibrillator devices;

11         amending s. 401.113, F.S.; providing for

12         disbursement of funds from the Emergency

13         Medical Services Trust Fund; amending s.

14         768.1325, F.S.; providing additional

15         circumstances under which immunity for the use

16         of an automated external defibrillator does not

17         apply; requiring the Department of Health to

18         administer an educational campaign regarding

19         the lack of immunity in the use of such a

20         device under certain circumstances; providing

21         an effective date.

22  

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

24  

25         Section 1.  This act may be cited as the "Gordon and

26  Muilli Act."

27         Section 2.  Subsections (6) and (7) are added to

28  section 401.107, Florida Statutes, to read:

29         401.107  Definitions.--As used in this part, the term:

30  

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    Florida Senate - 2006                            CS for SB 252
    603-2375-06




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

 2  not-for-profit organization that promotes and provides

 3  organized athletic activities to youth.

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

 5  device as defined in s. 768.1325.

 6         Section 3.  Section 401.111, Florida Statutes, is

 7  amended to read:

 8         401.111  Emergency medical services grant program;

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

10  to local agencies, and emergency medical services

11  organizations, and youth athletic organizations in accordance

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

13  grants shall be designed to assist local said agencies and

14  emergency medical services organizations in providing

15  emergency medical services, including emergency medical

16  dispatch, and to assist youth athletic organizations that work

17  in conjunction with local emergency medical services

18  organizations to expand the use of automated external

19  defibrillator devices in the community. The cost of

20  administering this program shall be paid by the department

21  from funds appropriated to it.

22         Section 4.  Paragraphs (a) and (b) of subsection (2) of

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

24         401.113  Department; powers and duties.--

25         (2)  The department shall annually dispense funds

26  contained in the Emergency Medical Services Trust Fund as

27  follows:

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

29  among the counties according to the proportion of the combined

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

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

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    Florida Senate - 2006                            CS for SB 252
    603-2375-06




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

 2  distribute these funds to emergency medical service

 3  organizations and youth athletic organizations within the

 4  county, as it deems appropriate.

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

 6  department for making matching grants to local agencies,

 7  municipalities, and emergency medical services organizations,

 8  and youth athletic organizations for the purpose of conducting

 9  research, increasing existing levels of emergency medical

10  services, evaluation, community education, injury-prevention

11  programs, and training in cardiopulmonary resuscitation and

12  other lifesaving and first aid techniques.

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

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

15  subparagraph must be contingent upon the recipient providing a

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

17  grant amount.

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

19  made available to rural emergency medical services, and

20  notwithstanding the restrictions specified in subsection (1),

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

22  continuation of services provided. A grant made under this

23  subparagraph must be contingent upon the recipient providing a

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

25  department-approved grant amount.

26  

27  The department shall develop procedures and standards for

28  grant disbursement under this paragraph based on the need for

29  emergency medical services, the requirements of the population

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

31  medical services plan.

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    Florida Senate - 2006                            CS for SB 252
    603-2375-06




 1         Section 5.  Subsection (4) of section 768.1325, Florida

 2  Statutes, is amended to read:

 3         768.1325  Cardiac Arrest Survival Act; immunity from

 4  civil liability.--

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

 6  person if:

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

 8  willful or criminal misconduct, gross negligence, reckless

 9  disregard or misconduct, or a conscious, flagrant indifference

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

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

12  professional who used the automated external defibrillator

13  device while acting within the scope of the license or

14  certification of the professional and within the scope of the

15  employment or agency of the professional;

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

17  whose primary purpose is providing health care directly to

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

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

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

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

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

23  the device to such entity for compensation without selling the

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

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

26  the scope of the employment or agency of the employee or

27  agent; or

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

29  to maintain and test the device or failed to provide

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

31  

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    Florida Senate - 2006                            CS for SB 252
    603-2375-06




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

 2  used the device on the victim; or

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

 4  

 5  The Department of Health shall administer an educational

 6  campaign to inform each person who acquires an automated

 7  external defibrillator device about the provisions of this

 8  subsection.

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

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 252

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14  Provides that this act may be cited as the "Gordon and Muilli
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