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PAG LIN
1 1 Section 1. Section 147A.1, Code Supplement 1999, is
1 2 amended by adding the following new subsection before
1 3 subsection 1:
1 4 NEW SUBSECTION. 0. "Automated external defibrillator"
1 5 means a medical device heart monitor and defibrillator which:
1 6 a. Has received approval of its premarket notification by
1 7 the United States food and drug administration filed pursuant
1 8 to Title 21, section 360, paragraph "k", of the United States
1 9 Code.
1 10 b. Is capable of recognizing the presence or absence of
1 11 ventricular fibrillation or rapid ventricular tachycardia, and
1 12 is capable of determining, without intervention by an
1 13 operator, whether defibrillation should be performed.
1 14 c. Automatically charges and requests delivery of an
1 15 electrical impulse to an individual's heart, upon determining
1 16 that defibrillation should be performed.
1 17 Sec. 2. NEW SECTION. 147A.15 AUTOMATED EXTERNAL
1 18 DEFIBRILLATORS – TRAINING – NOTIFICATION – EXEMPTION FROM
1 19 LIABILITY.
1 20 1. An ambulance, rescue, or first response service in this
1 21 state authorized pursuant to section 147A.5, or any other
1 22 person or entity acquiring an automated external
1 23 defibrillator, shall, in order to ensure public health and
1 24 safety:
1 25 a. Require and facilitate appropriate training in
1 26 cardiopulmonary resuscitation and in the use of an automated
1 27 external defibrillator by the American heart association or by
1 28 another nationally recognized course in cardiopulmonary
1 29 resuscitation and automated external defibrillation use.
1 30 b. Ensure that automatic external defibrillators are
1 31 maintained and tested according to the manufacturer's
1 32 guidelines.
1 33 c. Provide for the supervision of emergency medical care
1 34 providers anticipated to utilize an automated external
1 35 defibrillator by a physician, physician's assistant, or
2 1 registered nurse knowledgeable in automatic external
2 2 defibrillation.
2 3 d. Collect and maintain outcomes data regarding the
2 4 utilization of automatic external defibrillators for emergency
2 5 medical care or treatment of a person in cardiac arrest, and
2 6 require that emergency medical care providers or other persons
2 7 rendering such care document the utilization as soon as
2 8 possible after emergency medical care was provided.
2 9 e. Notify local emergency response agencies including, but
2 10 not limited to, law enforcement, fire, rescue, and other
2 11 emergency medical services agencies, and any agency providing
2 12 telecommunicator services as defined pursuant to section
2 13 80B.11C, of the acquisition and location of an automatic
2 14 external defibrillator.
2 15 2. Notwithstanding section 147A.10, the following shall
2 16 apply regarding exemptions from liability relating to the
2 17 utilization of an automatic external defibrillator:
2 18 a. Any person or entity, who in good faith and without
2 19 compensation, renders emergency care or treatment by the use
2 20 of an automatic external defibrillator shall be immune from
2 21 civil liability for any personal injury as a result of such
2 22 care or treatment, or as a result of any act or failure to act
2 23 in providing or arranging further medical treatment, where the
2 24 person acts as an ordinary, reasonably prudent person would
2 25 have acted under the same or similar circumstances and acts in
2 26 a manner which does not amount to willful or wanton misconduct
2 27 or gross negligence.
2 28 b. A prescribing physician who authorizes the purchase of
2 29 the automatic external defibrillator, a person or entity who
2 30 provides training in cardiopulmonary resuscitation and the use
2 31 of an automatic external defibrillator, and a person or entity
2 32 responsible for the site where the automatic external
2 33 defibrillator is located shall be immune from civil liability
2 34 for any personal injury that results from any act or omission
2 35 that does not amount to willful or wanton misconduct or gross
3 1 negligence.
3 2 EXPLANATION
3 3 This bill establishes training, notification, and exemption
3 4 from liability requirements relating to the use of automated
3 5 external defibrillators in connection with the provision of
3 6 emergency medical care.
3 7 The bill defines an automated external defibrillator as a
3 8 medical device heart monitor and defibrillator which has
3 9 received approval of its premarket notification from the
3 10 United States food and drug administration, which can
3 11 recognize the presence or absence of ventricular fibrillation
3 12 or rapid ventricular tachycardia and can determine without
3 13 intervention by an operator whether defibrillation should be
3 14 performed, and which automatically charges and requests
3 15 delivery of an electrical impulse to an individual's heart
3 16 upon determining that defibrillation should be performed.
3 17 The bill provides that an ambulance, rescue, or first
3 18 response service authorized pursuant to Code section 147A.5,
3 19 or any other person or entity acquiring an automated external
3 20 defibrillator, must meet several requirements to promote
3 21 public health and safety. The bill provides that appropriate
3 22 training will be required for ambulance, rescue, or first
3 23 response services in cardiopulmonary resuscitation and in the
3 24 use of an automated external defibrillator by the American
3 25 heart association or by another nationally recognized course
3 26 in cardiopulmonary resuscitation and automated external
3 27 defibrillation use. The bill also provides that automatic
3 28 external defibrillators must be maintained and tested
3 29 according to the manufacturer's guidelines, and that
3 30 supervision of emergency medical care providers anticipated to
3 31 utilize an automated external defibrillator must take place by
3 32 a physician, physician's assistant, or registered nurse
3 33 knowledgeable in automatic external defibrillation. The bill
3 34 additionally provides that outcomes data shall be collected
3 35 and maintained regarding the utilization of automatic external
4 1 defibrillators for emergency medical care or treatment on a
4 2 person in cardiac arrest, and provides that emergency medical
4 3 care providers or other persons rendering such care must
4 4 document such utilization as soon as possible after emergency
4 5 medical care was provided. The bill further provides that
4 6 local emergency response agencies shall be notified, including
4 7 but not limited to law enforcement, fire, rescue, and other
4 8 emergency medical services agencies, and any agency providing
4 9 telecommunicator services as defined pursuant to Code section
4 10 80B.11C, regarding the acquisition and location of an
4 11 automatic external defibrillator.
4 12 The bill provides that, notwithstanding Code section
4 13 147A.10 which applies a standard of recklessness to acts or
4 14 omissions which are otherwise exempt from liability, any
4 15 person or entity who in good faith and without compensation
4 16 renders emergency care or treatment by the use of an automatic
4 17 external defibrillator shall be immune from civil liability
4 18 for any personal injury as a result of such care or treatment,
4 19 or as a result of any act or failure to act in providing or
4 20 arranging further medical treatment. The bill provides that
4 21 this exemption shall apply where the person acts as an
4 22 ordinary, reasonably prudent person would have acted under the
4 23 same or similar circumstances and acts in a manner which does
4 24 not amount to willful or wanton misconduct or gross
4 25 negligence. The bill also provides that a prescribing
4 26 physician who authorizes the purchase of an automatic external
4 27 defibrillator, a person or entity who provides training in
4 28 cardiopulmonary resuscitation and the use of an automatic
4 29 external defibrillator, or a person or entity responsible for
4 30 the site where the automatic external defibrillator is located
4 31 shall be immune from civil liability for any personal injury
4 32 that results from any act or omission that does not amount to
4 33 willful or wanton misconduct or gross negligence.
4 34 LSB 5992XS 78
4 35 rn/cf/24
Text: SF02208 Text: SF02210 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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