| 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 the term "automated external |
| 10 | defibrillator"; defining a related term; providing that it |
| 11 | is a first degree misdemeanor for a person to commit |
| 12 | certain acts involving the misuse of an automated external |
| 13 | defibrillator; authorizing a local government to adopt an |
| 14 | ordinance to license, permit, or inspect automated |
| 15 | external defibrillators; providing for enforcement of such |
| 16 | local ordinances; requiring the Department of Health to |
| 17 | implement an educational campaign to inform the public |
| 18 | about the lack of immunity from liability regarding the |
| 19 | use of automated external defibrillators under certain |
| 20 | conditions; providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Section 401.2915, Florida Statutes, is amended |
| 25 | to read: |
| 26 | 401.2915 Automated external defibrillators.--It is the |
| 27 | intent of the Legislature that an automated external |
| 28 | defibrillator may be used by any person for the purpose of |
| 29 | saving the life of another person in cardiac arrest. In order to |
| 30 | achieve that goal, the Legislature intends to encourage training |
| 31 | in lifesaving first aid and set standards for and encourage the |
| 32 | use of automated external defibrillators. |
| 33 | (1) As used in this section, the term: |
| 34 | (a) "Automated external defibrillator" means a device as |
| 35 | defined in s. 768.1325(2)(b). |
| 36 | (b) "Defibrillation" means the administration of a |
| 37 | controlled electrical charge to the heart to restore a viable |
| 38 | cardiac rhythm. |
| 39 | (2) In order to ensure public health and safety: |
| 40 | (a)(1) All persons who use an automated external |
| 41 | defibrillator must obtain appropriate training, to include |
| 42 | completion of a course in cardiopulmonary resuscitation or |
| 43 | successful completion of a basic first aid course that includes |
| 44 | cardiopulmonary resuscitation training, and demonstrated |
| 45 | proficiency in the use of an automated external defibrillator. |
| 46 | (b)(2) Any person or entity in possession of an automated |
| 47 | external defibrillator is encouraged to register with the local |
| 48 | emergency medical services medical director the existence and |
| 49 | location of the automated external defibrillator. |
| 50 | (c)(3) Any person who uses an automated external |
| 51 | defibrillator shall activate the emergency medical services |
| 52 | system as soon as possible upon use of the automated external |
| 53 | defibrillator. |
| 54 | (3) Any person who intentionally or willfully: |
| 55 | (a) Tampers with or otherwise renders an automated |
| 56 | external defibrillator inoperative, except during such time as |
| 57 | the automated external defibrillator is being serviced, tested, |
| 58 | repaired, recharged, or inspected or except pursuant to court |
| 59 | order; or |
| 60 | (b) Obliterates the serial number on an automated external |
| 61 | defibrillator for purposes of falsifying service records, |
| 62 |
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| 63 | commits a misdemeanor of the first degree, punishable as |
| 64 | provided in s. 775.082 or s. 775.083. |
| 65 | (4) A local ordinance may require a person to obtain a |
| 66 | license, permit, or inspection certificate for an automated |
| 67 | external defibrillator. Such ordinance may provide for any |
| 68 | enforcement method authorized by s. 162.22. The ordinance may |
| 69 | provide that it is an infraction or a criminal offense for any |
| 70 | person to intentionally or willfully: |
| 71 | (a) Fail to properly service, recharge, repair, test, or |
| 72 | inspect an automated external defibrillator; |
| 73 | (b) Use the license, permit, or inspection certificate of |
| 74 | another person to service, recharge, repair, test, or inspect an |
| 75 | automated external defibrillator; |
| 76 | (c) Hold a license, permit, or inspection certificate and |
| 77 | allow another person to use that license, permit, or inspection |
| 78 | certificate number to service, recharge, repair, test, or |
| 79 | inspect an automated external defibrillator; or |
| 80 | (d) Use or permit the use of any license, permit, or |
| 81 | inspection certificate by any individual or organization other |
| 82 | than the one to whom the license, permit, or inspection |
| 83 | certificate is issued to service, recharge, repair, test, or |
| 84 | inspect an automated external defibrillator. |
| 85 | (5)(4) Each local and state law enforcement vehicle may |
| 86 | carry an automated external defibrillator. |
| 87 | Section 2. The Department of Health shall implement an |
| 88 | educational campaign to inform any person who acquires an |
| 89 | automated external defibrillator device that his or her immunity |
| 90 | from liability under s. 768.1325, Florida Statutes, for harm |
| 91 | resulting from the use or attempted use of the device, does not |
| 92 | apply if he or she fails to: |
| 93 | (1) Properly maintain and test the device; or |
| 94 | (2) Provide appropriate training in the use of the device |
| 95 | to his or her employee or agent when the employee or agent was |
| 96 | the person who used the device on the victim, except as provided |
| 97 | in s. 768.1325, Florida Statutes. |
| 98 | Section 3. This act shall take effect July 1, 2006. |