Senate File 505 - Reprinted



                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 1318)


    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 2810SV 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, while acting
  1 32 reasonably and in good faith, who render emergency care or
  1 33 assistance relating to the preparation for and response to a
  1 34 sudden cardiac arrest emergency, shall not be liable for any
  1 35 civil damages for acts or omissions occurring at the place of
  2  1 an emergency or accident or while such persons are in transit
  2  2 to or from the emergency or accident or while such persons are
  2  3 at or being moved to or from an emergency shelter:
  2  4    a.  A person or entity that acquires an automated external
  2  5 defibrillator.
  2  6    b.  A person or entity that owns, manages, or is otherwise
  2  7 responsible for the premises on which an automated external
  2  8 defibrillator is located.
  2  9    c.  A person who retrieves an automated external
  2 10 defibrillator in response to a perceived sudden cardiac arrest
  2 11 emergency.
  2 12    d.  A person who uses, attempts to use, or fails to use an
  2 13 automated external defibrillator in response to a perceived
  2 14 sudden cardiac arrest emergency.
  2 15    e.  A physician or other authorized medical personnel who
  2 16 issues a prescription for the purchase of an automated
  2 17 external defibrillator.
  2 18    f.  A person or entity that is involved with the design,
  2 19 management, or operation of an automated external
  2 20 defibrillator program.
  2 21    g.  A person or entity that provides instruction in the use
  2 22 of an automated external defibrillator.
  2 23 SF 505
  2 24 rh:nh/cc/26