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