HB 93

1	A bill to be entitled
2	An act relating to automated external defibrillators;
3	amending s. 401.2915, F.S.; revising legislative intent
4	with respect to the use of an automated external
5	defibrillator; defining the terms "automated external
6	defibrillator" and "defibrillation"; providing that it is
7	a first degree misdemeanor for a person to commit certain
8	acts involving the misuse of an automated external
9	defibrillator; providing penalties and an exception;
10	requiring the Department of Health to implement an
11	educational campaign to inform persons who acquire
12	automated external defibrillator devices of the scope and
13	limitations of the immunity from liability provided under
14	the Cardiac Arrest Survival Act; amending s. 768.1325,
15	F.S.; revising the definition of the term "automated
16	external defibrillator"; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Section 401.2915, Florida Statutes, is amended
21	to read:
22	401.2915  Automated external defibrillators.--It is the
23	intent of the Legislature that an automated external
24	defibrillator may be used by any person for the purpose of
25	saving the life of another person in cardiac arrest. In order to
26	achieve that goal, the Legislature intends to encourage training
27	in lifesaving first aid and set standards for and encourage the
28	use of automated external defibrillators.
29	(1)  As used in this section, the term:
30	(a)  "Automated external defibrillator" means a device as
31	defined in s. 768.1325(2)(b).
32	(b)  "Defibrillation" means the administration of a
33	controlled electrical charge to the heart to restore a viable
34	cardiac rhythm.
35	(2)  In order to ensure public health and safety:
36	(a)(1)  All persons who use an automated external
37	defibrillator must obtain appropriate training, to include
38	completion of a course in cardiopulmonary resuscitation or
39	successful completion of a basic first aid course that includes
40	cardiopulmonary resuscitation training, and demonstrated
41	proficiency in the use of an automated external defibrillator.
42	(b)(2)  Any person or entity in possession of an automated
43	external defibrillator is encouraged to register with the local
44	emergency medical services medical director the existence and
45	location of the automated external defibrillator.
46	(c)(3)  Any person who uses an automated external
47	defibrillator shall activate the emergency medical services
48	system as soon as possible upon use of the automated external
49	defibrillator.
50	(3)  Any person who intentionally or willfully:
51	(a)  Tampers with or otherwise renders an automated
52	external defibrillator inoperative, except during such time as
53	the automated external defibrillator is being serviced, tested,
54	repaired, recharged, or inspected or except pursuant to court
55	order; or
56	(b)  Obliterates the serial number on an automated external
57	defibrillator for purposes of falsifying service records,
58
59	commits a misdemeanor of the first degree, punishable as
60	provided in s. 775.082 or s. 775.083. Paragraph (a) does not
61	apply to the owner of the automated external defibrillator or
62	the owner's authorized representative or agent.
63	(4)  Each local and state law enforcement vehicle may carry
64	an automated external defibrillator.
65	Section 2.  The Department of Health shall implement an
66	educational campaign to inform any person who acquires an
67	automated external defibrillator device of the scope and
68	limitations of the immunity from liability provided under s.
69	768.1325, Florida Statutes.
70	Section 3.  Paragraph (b) of subsection (2) of section
71	768.1325, Florida Statutes, is amended to read:
72	768.1325  Cardiac Arrest Survival Act; immunity from civil
73	liability.--
74	(2)  As used in this section:
75	(b)  "Automated external defibrillator device" means a
76	lifesaving defibrillator device that:
77	1.  Is commercially distributed in accordance with the
78	Federal Food, Drug, and Cosmetic Act.
79	2.  Is capable of recognizing the presence or absence of
80	ventricular fibrillation, and is capable of determining without
81	intervention by the user of the device whether defibrillation
82	should be performed.
83	3.  Upon determining that defibrillation should be
84	performed, is able to deliver an electrical shock to an
85	individual.
86	Section 4.  This act shall take effect July 1, 2006.

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