Florida Senate - 2011                                    SB 1082
       
       
       
       By Senator Altman
       
       
       
       
       24-00643-11                                           20111082__
    1                        A bill to be entitled                      
    2         An act relating to medical devices; amending s.
    3         401.2915, F.S.; requiring certain entities to notify
    4         local emergency services medical directors of the
    5         locations of automated external defibrillators;
    6         requiring local emergency medical services medical
    7         directors to maintain registries of certain automated
    8         external defibrillator locations; amending s.
    9         768.1326, F.S.; directing the State Surgeon General,
   10         with the assistance of the Department of Management
   11         Services, to adopt rules to establish guidelines for
   12         the appropriate placement and deployment of automated
   13         external defibrillators in places of public assembly;
   14         providing a definition; providing exceptions;
   15         clarifying the scope of the requirements of the act;
   16         amending s. 1006.165, F.S.; requiring the placement of
   17         an automated external defibrillator in each public
   18         school in this state; requiring training of certain
   19         persons; requiring registration of such devices with
   20         local emergency medical services medical directors;
   21         providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 401.2915, Florida Statutes, is amended
   26  to read:
   27         401.2915 Automated external defibrillators.—It is the
   28  intent of the Legislature that an automated external
   29  defibrillator may be used by a any person for the purpose of
   30  saving the life of another person in cardiac arrest. In order to
   31  achieve that goal, the Legislature intends to encourage training
   32  in lifesaving first aid and set standards for and encourage the
   33  use of automated external defibrillators.
   34         (1) As used in this section, the term:
   35         (a) “Automated external defibrillator” means a device as
   36  defined in s. 768.1325(2)(b).
   37         (b) “Defibrillation” means the administration of a
   38  controlled electrical charge to the heart to restore a viable
   39  cardiac rhythm.
   40         (2) In order to promote public health and safety:
   41         (a) All persons who use an automated external defibrillator
   42  are encouraged to obtain appropriate training, to include
   43  completion of a course in cardiopulmonary resuscitation or
   44  successful completion of a basic first aid course that includes
   45  cardiopulmonary resuscitation training, and demonstrated
   46  proficiency in the use of an automated external defibrillator.
   47         (b) A Any person or entity in possession of an automated
   48  external defibrillator is encouraged to notify the local
   49  emergency medical services medical director of the location of
   50  the automated external defibrillator. The owner, operator, or
   51  administrator responsible for a place of public assembly, as
   52  defined in s. 768.1326, shall notify the local emergency medical
   53  services medical director of the location of the automated
   54  external defibrillator. The state agency responsible for a
   55  building or portion of a building owned or leased by the state
   56  shall notify the local emergency medical services medical
   57  director of the location of the automated external
   58  defibrillator. The local emergency medical services medical
   59  director shall maintain a registry of these automated external
   60  defibrillator locations.
   61         (c) A Any person who uses an automated external
   62  defibrillator shall activate the emergency medical services
   63  system as soon as possible upon use of the automated external
   64  defibrillator.
   65         (3) A Any person who intentionally or willfully:
   66         (a) Tampers with or otherwise renders an automated external
   67  defibrillator inoperative, except during such time as the
   68  automated external defibrillator is being serviced, tested,
   69  repaired, recharged, or inspected or except pursuant to court
   70  order; or
   71         (b) Obliterates the serial number on an automated external
   72  defibrillator for purposes of falsifying service records,
   73  
   74  commits a misdemeanor of the first degree, punishable as
   75  provided in s. 775.082 or s. 775.083. Paragraph (a) does not
   76  apply to the owner of the automated external defibrillator or
   77  the owner’s authorized representative or agent.
   78         (4) Each local and state law enforcement vehicle may carry
   79  an automated external defibrillator.
   80         Section 2. Section 768.1326, Florida Statutes, is amended
   81  to read:
   82         768.1326 Placement of automated external defibrillators in
   83  state buildings and places of public assembly; rulemaking
   84  authority.—
   85         (1)No later than January 1, 2003, The State Surgeon
   86  General shall adopt rules to establish guidelines on the
   87  appropriate placement of automated external defibrillator
   88  devices in buildings or portions of buildings owned or leased by
   89  the state and places of public assembly, and shall establish, by
   90  rule, recommendations on procedures for the deployment of
   91  automated external defibrillator devices in such buildings and
   92  places of public assembly in accordance with the guidelines. The
   93  Secretary of Management Services shall assist the State Surgeon
   94  General in the development of the guidelines. The guidelines for
   95  the placement of the automated external defibrillators shall
   96  take into account the typical number of employees and visitors
   97  in the building or place of public assembly buildings, the
   98  extent of the need for security measures regarding the building
   99  or place of public assembly buildings, special circumstances in
  100  the building or a portion of the building buildings or portions
  101  of buildings such as high electrical voltages or extreme heat or
  102  cold, and such other factors as the State Surgeon General and
  103  Secretary of Management Services determine to be appropriate. As
  104  used in this section, the term “place of public assembly” means
  105  an educational facility used as an emergency shelter or a
  106  location that has a seating capacity of at least 1,000 people
  107  and includes, but is not limited to, any stadium, ballpark,
  108  gymnasium, field house, arena, civic center, or similar facility
  109  used for the conduct of sporting events and any concert hall,
  110  recital hall, theater, indoor or outdoor amphitheatre, or other
  111  auditorium used for the presentation of musical performances or
  112  concerts. The term does not include any church, synagogue, or
  113  other not-for-profit religious organization or any public
  114  association or public library. The State Surgeon General’s
  115  recommendations for deployment of automated external
  116  defibrillators in buildings or portions of buildings owned or
  117  leased by the state or in places of public assembly shall
  118  include:
  119         (a)(1) A reference list of appropriate training courses in
  120  the use of such devices, including the role of cardiopulmonary
  121  resuscitation;
  122         (b)(2) The extent to which such devices may be used by
  123  laypersons;
  124         (c)(3) Manufacturer recommended maintenance and testing of
  125  the devices; and
  126         (d)(4) Coordination with local emergency medical services
  127  systems regarding registration of automated external
  128  defibrillators and documentation of the incidents of use of the
  129  devices.
  130  
  131  In formulating these guidelines and recommendations, the State
  132  Surgeon General may consult with all appropriate public and
  133  private entities, including national and local public health
  134  organizations that seek to improve the survival rates of
  135  individuals who experience cardiac arrest.
  136         (2)This section does not:
  137         (a) Prohibit a county or municipal government from
  138  enacting, implementing, and enforcing any local ordinance that
  139  expands the requirements of this section for the placement of
  140  automated external defibrillators in a place of public assembly;
  141         (b) Mandate the placement of any automated external
  142  defibrillator in any place of public assembly; or
  143         (c) Authorize the adoption of rules, guidelines, or
  144  recommendations that would establish any legal standard of care
  145  in civil actions.
  146         Section 3. Section 1006.165, Florida Statutes, is amended
  147  to read:
  148         1006.165 Automated external defibrillator; user training.—
  149         (1) Each public school in this state that is a member of
  150  the Florida High School Athletic Association must have an
  151  operational automated external defibrillator on the school
  152  grounds. Public and private partnerships are encouraged to cover
  153  the cost associated with the purchase and placement of the
  154  defibrillator and training in the use of the defibrillator.
  155         (2) Each school must ensure that all employees or
  156  volunteers who are reasonably expected to use the device obtain
  157  appropriate training, including completion of a course in
  158  cardiopulmonary resuscitation or a basic first aid course that
  159  includes cardiopulmonary resuscitation training, and
  160  demonstrated proficiency in the use of an automated external
  161  defibrillator.
  162         (3) The location of each automated external defibrillator
  163  must be registered with a local emergency medical services
  164  medical director.
  165         (4) The use of automated external defibrillators by
  166  employees and volunteers is covered under ss. 768.13 and
  167  768.1325.
  168         Section 4. This act shall take effect July 1, 2011.