Senate Study Bill 1318
SENATE FILE
BY (PROPOSED COMMITTEE ON
JUDICIARY BILL BY
CHAIRPERSON KREIMAN)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to civil liability for damages relating to the
2 use of an automated external defibrillator in sudden cardiac
3 arrest emergencies.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2810SC 82
6 rh/gg/14
PAG LIN
1 1 Section 1. Section 613.17, Code 2007, is amended to read
1 2 as follows:
1 3 613.17 EMERGENCY ASSISTANCE IN AN ACCIDENT.
1 4 1. A person, who in good faith renders emergency care or
1 5 assistance without compensation, shall not be liable for any
1 6 civil damages for acts or omissions occurring at the place of
1 7 an emergency or accident or while the person is in transit to
1 8 or from the emergency or accident or while the person is at or
1 9 being moved to or from an emergency shelter unless such acts
1 10 or omissions constitute recklessness or willful and wanton
1 11 misconduct.
1 12 a. For purposes of this section subsection, if a volunteer
1 13 fire fighter, a volunteer operator or attendant of an
1 14 ambulance or rescue squad service, a volunteer paramedic, a
1 15 volunteer emergency medical technician, or a volunteer
1 16 registered member of the national ski patrol system receives
1 17 nominal compensation not based upon the value of the services
1 18 performed, that person shall be considered to be receiving no
1 19 compensation.
1 20 b. The For purposes of this subsection, operation of a
1 21 motor vehicle in compliance with section 321.231 by a
1 22 volunteer fire fighter, volunteer operator, or attendant of an
1 23 ambulance or rescue squad service, a volunteer paramedic, or
1 24 volunteer emergency medical technician shall be considered
1 25 rendering emergency care or assistance for purposes of this
1 26 section.
1 27 c. For purposes of this section subsection, a person
1 28 rendering emergency care or assistance includes a person
1 29 involved in a workplace rescue arising out of an emergency or
1 30 accident.
1 31 2. The following persons or entities, who in good faith
1 32 render emergency care or assistance relating to the
1 33 preparation for and response to a sudden cardiac arrest
1 34 emergency, shall not be liable for any civil damages for acts
1 35 or omissions occurring at the place of an emergency or
2 1 accident or while such persons are in transit to or from the
2 2 emergency or accident or while such persons are at or being
2 3 moved to or from an emergency shelter unless such acts or
2 4 omissions constitute recklessness or willful and wanton
2 5 misconduct:
2 6 a. A person or entity that acquires an automated external
2 7 defibrillator.
2 8 b. A person or entity that owns, manages, or is otherwise
2 9 responsible for the premises on which an automated external
2 10 defibrillator is located.
2 11 c. A person who retrieves an automated external
2 12 defibrillator in response to a perceived sudden cardiac arrest
2 13 emergency.
2 14 d. A person who uses, attempts to use, or fails to use an
2 15 automated external defibrillator in response to a perceived
2 16 sudden cardiac arrest emergency.
2 17 e. A physician or other authorized medical personnel who
2 18 issues a prescription for the purchase of an automated
2 19 external defibrillator.
2 20 f. A person or entity that is involved with the design,
2 21 management, or operation of an automated external
2 22 defibrillator program.
2 23 g. A person or entity that provides instruction in the use
2 24 of an automated external defibrillator.
2 25 EXPLANATION
2 26 This bill relates to civil liability for damages relating
2 27 to the use of an automated external defibrillator in sudden
2 28 cardiac arrest emergencies.
2 29 The bill provides that the following persons or entities,
2 30 who in good faith render emergency care or assistance relating
2 31 to the preparation for and response to a sudden cardiac arrest
2 32 emergency shall not be liable for any civil damages for acts
2 33 or omissions occurring at the place of an emergency or
2 34 accident or while such persons are in transit to or from the
2 35 emergency or accident or while such persons are at or being
3 1 moved to or from an emergency shelter unless such acts or
3 2 omissions constitute recklessness or willful and wanton
3 3 misconduct:
3 4 1. A person or entity that acquires an automated external
3 5 defibrillator.
3 6 2. A person or entity that owns, manages, or is otherwise
3 7 responsible for the premises on which an automated external
3 8 defibrillator is located.
3 9 3. A person who retrieves an automated external
3 10 defibrillator in response to a perceived sudden cardiac arrest
3 11 emergency.
3 12 4. A person who uses, attempts to use, or fails to use an
3 13 automated external defibrillator in response to a perceived
3 14 sudden cardiac arrest emergency.
3 15 5. A physician or other authorized medical personnel who
3 16 issues a prescription for the purchase of an automated
3 17 external defibrillator.
3 18 6. A person or entity that is involved with the design,
3 19 management, or operation of an automated external
3 20 defibrillator program.
3 21 7. A person or entity that provides instruction in the use
3 22 of an automated external defibrillator.
3 23 LSB 2810SC 82
3 24 rh:nh/gg/14