| 1 | A bill to be entitled |
| 2 | An act relating to automated external defibrillators in |
| 3 | assisted living facilities; amending s. 429.255, F.S.; |
| 4 | requiring certain assisted living facilities to possess a |
| 5 | functioning automated external defibrillator; encouraging |
| 6 | an assisted living facility to register the location of |
| 7 | the automated external defibrillator with a local |
| 8 | emergency medical services medical director; providing |
| 9 | immunity from liability under the Good Samaritan Act and |
| 10 | the Cardiac Arrest Survival Act; authorizing the |
| 11 | Department of Elderly Affairs to adopt rules relating to |
| 12 | the use of automated external defibrillators; providing |
| 13 | appropriations; providing effective dates. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Effective July 1, 2011, present subsection (3) |
| 18 | of section 429.255, Florida Statutes, is renumbered as |
| 19 | subsection (4) and amended, and new subsections (3) and (5) are |
| 20 | added to that section, to read: |
| 21 | 429.255 Use of personnel; emergency care.- |
| 22 | (3)(a) An assisted living facility licensed under this |
| 23 | part with 17 or more beds shall have on the premises at all |
| 24 | times a functioning automated external defibrillator as defined |
| 25 | in s. 768.1325(2)(b). |
| 26 | (b) The facility is encouraged to register the location of |
| 27 | each automated external defibrillator with a local emergency |
| 28 | medical services medical director. |
| 29 | (c) The provisions of ss. 768.13 and 768.1325 apply to |
| 30 | automated external defibrillators within the facility. |
| 31 | (4)(3) Facility staff may withhold or withdraw |
| 32 | cardiopulmonary resuscitation or the use of an automated |
| 33 | external defibrillator if presented with an order not to |
| 34 | resuscitate executed pursuant to s. 401.45. The department shall |
| 35 | adopt rules providing for the implementation of such orders. |
| 36 | Facility staff and facilities shall not be subject to criminal |
| 37 | prosecution or civil liability, nor be considered to have |
| 38 | engaged in negligent or unprofessional conduct, for withholding |
| 39 | or withdrawing cardiopulmonary resuscitation or use of an |
| 40 | automated external defibrillator pursuant to such an order and |
| 41 | rules adopted by the department. The absence of an order to |
| 42 | resuscitate executed pursuant to s. 401.45 does not preclude a |
| 43 | physician from withholding or withdrawing cardiopulmonary |
| 44 | resuscitation or use of an automated external defibrillator as |
| 45 | otherwise permitted by law. |
| 46 | (5) The Department of Elderly Affairs may adopt rules to |
| 47 | implement the provisions of this section relating to use of an |
| 48 | automated external defibrillator. |
| 49 | Section 2. The sum of $22,447 in recurring funds and |
| 50 | $11,200 in nonrecurring funds from the General Revenue Fund and |
| 51 | two full-time equivalent positions with associated salary rate |
| 52 | of 70,229 is appropriated to the Agency for Health Care |
| 53 | Administration for the 2010-2011 fiscal year to implement the |
| 54 | provisions of this act. An additional $113,030 in recurring |
| 55 | funds from the General Revenue Fund is appropriated to the |
| 56 | Agency for Health Care Administration for the 2011-2012 fiscal |
| 57 | year for the same purpose. |
| 58 | Section 3. Except as otherwise expressly provided in this |
| 59 | act, this act shall take effect July 1, 2010. |