Florida Senate - 2010                             CS for SB 2008
       
       
       
       By the Committee on Health Regulation; and Senator Fasano
       
       
       
       
       588-03200-10                                          20102008c1
    1                        A bill to be entitled                      
    2         An act relating to automated external defibrillators
    3         in assisted living facilities; amending s. 429.255,
    4         F.S.; requiring certain assisted living facilities to
    5         possess a functioning automated external
    6         defibrillator; encouraging an assisted living facility
    7         to register the location of the automated external
    8         defibrillator with a local emergency medical services
    9         medical director; providing immunity from liability
   10         under the Good Samaritan Act and the Cardiac Arrest
   11         Survival Act; authorizing the Department of Elderly
   12         Affairs to adopt rules relating to the use of
   13         automated external defibrillators; providing an
   14         effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Present subsection (3) of section 429.255,
   19  Florida Statutes, is renumbered as subsection (4) and amended,
   20  and new subsections (3) and (5) are added to that section, to
   21  read:
   22         429.255 Use of personnel; emergency care.—
   23         (3)(a) An assisted living facility licensed under this part
   24  which has 17 or more beds shall have on the premises at all
   25  times a functioning automated external defibrillator as defined
   26  in s. 768.1325(2)(b).
   27         (b) The facility is encouraged to register the location of
   28  each automated external defibrillator with a local emergency
   29  medical services medical director.
   30         (c) The provisions of ss. 768.13 and 768.1325 apply to
   31  automated external defibrillators within the facility.
   32         (4)(3) Facility staff may withhold or withdraw
   33  cardiopulmonary resuscitation or the use of an automated
   34  external defibrillator if presented with an order not to
   35  resuscitate executed pursuant to s. 401.45. The department shall
   36  adopt rules providing for the implementation of such orders.
   37  Facility staff and facilities shall not be subject to criminal
   38  prosecution or civil liability, nor be considered to have
   39  engaged in negligent or unprofessional conduct, for withholding
   40  or withdrawing cardiopulmonary resuscitation or use of an
   41  automated external defibrillator pursuant to such an order and
   42  rules adopted by the department. The absence of an order to
   43  resuscitate executed pursuant to s. 401.45 does not preclude a
   44  physician from withholding or withdrawing cardiopulmonary
   45  resuscitation or use of an automated external defibrillator as
   46  otherwise permitted by law.
   47         (5) The Department of Elderly Affairs may adopt rules to
   48  implement the provisions of this section relating to use of an
   49  automated external defibrillator.
   50         Section 2. This act shall take effect July 1, 2010.