Senate File 505 - Enrolled
PAG LIN
1 1 SENATE FILE 505
1 2
1 3 AN ACT
1 4 RELATING TO CIVIL LIABILITY FOR DAMAGES RELATING TO THE USE OF
1 5 AN AUTOMATED EXTERNAL DEFIBRILLATOR IN SUDDEN CARDIAC ARREST
1 6 EMERGENCIES.
1 7
1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 9
1 10 Section 1. Section 613.17, Code 2007, is amended to read
1 11 as follows:
1 12 613.17 EMERGENCY ASSISTANCE IN AN ACCIDENT.
1 13 1. A person, who in good faith renders emergency care or
1 14 assistance without compensation, shall not be liable for any
1 15 civil damages for acts or omissions occurring at the place of
1 16 an emergency or accident or while the person is in transit to
1 17 or from the emergency or accident or while the person is at or
1 18 being moved to or from an emergency shelter unless such acts
1 19 or omissions constitute recklessness or willful and wanton
1 20 misconduct.
1 21 a. For purposes of this section subsection, if a volunteer
1 22 fire fighter, a volunteer operator or attendant of an
1 23 ambulance or rescue squad service, a volunteer paramedic, a
1 24 volunteer emergency medical technician, or a volunteer
1 25 registered member of the national ski patrol system receives
1 26 nominal compensation not based upon the value of the services
1 27 performed, that person shall be considered to be receiving no
1 28 compensation.
1 29 b. The For purposes of this subsection, operation of a
1 30 motor vehicle in compliance with section 321.231 by a
1 31 volunteer fire fighter, volunteer operator, or attendant of an
1 32 ambulance or rescue squad service, a volunteer paramedic, or
1 33 volunteer emergency medical technician shall be considered
1 34 rendering emergency care or assistance for purposes of this
1 35 section.
2 1 c. For purposes of this section subsection, a person
2 2 rendering emergency care or assistance includes a person
2 3 involved in a workplace rescue arising out of an emergency or
2 4 accident.
2 5 2. The following persons or entities, while acting
2 6 reasonably and in good faith, who render emergency care or
2 7 assistance relating to the preparation for and response to a
2 8 sudden cardiac arrest emergency, shall not be liable for any
2 9 civil damages for acts or omissions arising out of the use of
2 10 an automated external defibrillator, whether occurring at the
2 11 place of an emergency or accident or while such persons are in
2 12 transit to or from the emergency or accident or while such
2 13 persons are at or being moved to or from an emergency shelter:
2 14 a. A person or entity that acquires an automated external
2 15 defibrillator.
2 16 b. A person or entity that owns, manages, or is otherwise
2 17 responsible for the premises on which an automated external
2 18 defibrillator is located if the person or entity maintains the
2 19 automated external defibrillator in a condition for immediate
2 20 and effective use at all times, subject to standards developed
2 21 by the department of public health by rule.
2 22 c. A person who retrieves an automated external
2 23 defibrillator in response to a perceived sudden cardiac arrest
2 24 emergency.
2 25 d. A person who uses, attempts to use, or fails to use an
2 26 automated external defibrillator in response to a perceived
2 27 sudden cardiac arrest emergency.
2 28 e. A person or entity that provides instruction in the use
2 29 of an automated external defibrillator.
2 30
2 31
2 32
2 33 JOHN P. KIBBIE
2 34 President of the Senate
2 35
3 1
3 2
3 3 PATRICK J. MURPHY
3 4 Speaker of the House
3 5
3 6 I hereby certify that this bill originated in the Senate and
3 7 is known as Senate File 505, Eighty=second General Assembly.
3 8
3 9
3 10
3 11 MICHAEL E. MARSHALL
3 12 Secretary of the Senate
3 13 Approved , 2008
3 14
3 15
3 16
3 17 CHESTER J. CULVER
3 18 Governor