HB 243

1	A bill to be entitled
2	An act relating to automated external defibrillators;
3	amending s. 401.2915, F.S.; revising provisions relating
4	to maintenance and training requirements and notice to the
5	local emergency medical services medical director;
6	amending s. 768.1325, F.S.; revising requirements for
7	civil immunity for use or attempted use of a defibrillator
8	on a victim of a perceived medical emergency; providing an
9	effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Paragraphs (a) and (b) of subsection (2) of
14	section 401.2915, Florida Statutes, are amended to read:
15	401.2915  Automated external defibrillators.--It is the
16	intent of the Legislature that an automated external
17	defibrillator may be used by any person for the purpose of
18	saving the life of another person in cardiac arrest. In order to
19	achieve that goal, the Legislature intends to encourage training
20	in lifesaving first aid and set standards for and encourage the
21	use of automated external defibrillators.
22	(2)  In order to ensure public health and safety:
23	(a)  Any person or entity in possession of an automated
24	external defibrillator shall:
25	1.  Properly maintain and test the device.
26	2.  Provide training in cardiopulmonary resuscitation and
27	automated external defibrillator proficiency from the American
28	Heart Association or the American Red Cross, or a substantially
29	similar program from another provider, to any of its employees
30	or agents who are reasonably expected to be potential users of
31	the defibrillator. All persons who use an automated external
32	defibrillator must obtain appropriate training, to include
33	completion of a course in cardiopulmonary resuscitation or
34	successful completion of a basic first aid course that includes
35	cardiopulmonary resuscitation training, and demonstrated
36	proficiency in the use of an automated external defibrillator.
37	(b)  Any person or entity in possession of an automated
38	external defibrillator is encouraged to notify register with the
39	local emergency medical services medical director of the
40	existence and location of the automated external defibrillator.
41	Section 2.  Subsection (3) of section 768.1325, Florida
42	Statutes, is amended to read:
43	768.1325  Cardiac Arrest Survival Act; immunity from civil
44	liability.--
45	(3)  Notwithstanding any other provision of law to the
46	contrary, and except as provided in subsection (4), any person
47	who uses or attempts to use an automated external defibrillator
48	device on a victim of a perceived medical emergency, without
49	objection of the victim of the perceived medical emergency, is
50	immune from civil liability for any harm resulting from the use
51	or attempted use of such device. In addition, any person who
52	acquired the device, including, but not limited to, a community
53	association organized under chapter 617, chapter 718, chapter
54	719, chapter 720, chapter 721, or chapter 723, is immune from
55	such liability., if the harm was not due to the failure of such
56	acquirer of the device to:
57	(a)  Notify the local emergency medical services medical
58	director of the most recent placement of the device within a
59	reasonable period of time after the device was placed;
60	(b)  Properly maintain and test the device; or
61	(c)  Provide appropriate training in the use of the device
62	to an employee or agent of the acquirer when the employee or
63	agent was the person who used the device on the victim, except
64	that such requirement of training does not apply if:
65	1.  The employee or agent was not an employee or agent who
66	would have been reasonably expected to use the device; or
67	2.  The period of time elapsing between the engagement of
68	the person as an employee or agent and the occurrence of the
69	harm, or between the acquisition of the device and the
70	occurrence of the harm in any case in which the device was
71	acquired after engagement of the employee or agent, was not a
72	reasonably sufficient period in which to provide the training.
73	Section 3.  This act shall take effect July 1, 2008.

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