SB-5 Enrolled
An Act,Providing for the use and standards for use of automated external defibrillators; and to amend Section 6-5-332, Code of Alabama 1975, relating to rendering of aid or emergency care at scene of an accident by certain persons to provide immunity for use of automated external defibrillators.
BE IT ENACTED
BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature of the State of
Alabama finds the following:
(1) Early defibrillation may sustain the
life and temporarily stabilize a person in cardiac arrest, thus helping to
preserve the Alabama family.
(2) The American Heart Association
estimates that more than 350,000 Americans die each year from out of hospital
sudden cardiac arrest, and 20,000 deaths may be prevented each year if
automated external defibrillators were more widely available.
It is the intent of the Legislature that
an automated external defibrillator may be used for the purpose of saving the
life of another person in cardiac arrest.
Section 2. As used in Sections 3 and
Section 6-5-332 of the Code of Alabama 1975, the term "automated external
defibrillator" or "AED" means a medical device heart monitor and
defibrillator that meets all of the following specifications:
(1) Has received approval of its pre-market
notification filed pursuant to Section 360 (k), Title 21 of the United States
Code from the United States Food and Drug Administration.
(2) Is capable of recognizing the presence
or absence of ventricular fibrillation or rapid ventricular tachycardia and is
capable of determining, without intervention by an operator, whether
defibrillation should be performed.
(3) Upon determining that defibrillation
should be performed, automatically charges and requests delivery of an
electrical impulse through the chest wall and to an individual's heart.
(a) A person or entity that acquires an
AED shall ensure all of the following:
(1) That expected defibrillator users
receive appropriate training in an American Heart Association, American Red
Cross, or other nationally recognized cardiopulmonary resuscitation (CPR)
course and AED, or an equivalent nationally recognized course.
(2) That the defibrillator is maintained
and tested according to the manufacturer's operational guidelines.
(3) That there is involvement of a
licensed physician or medical authority in the site's AED program to ensure
compliance with training, notification, and maintenance.
(4) That any person who renders emergency
care or treatment of a person in cardiac arrest by using an AED activates the
emergency medical services system as soon as possible.
(5) That each manufacturer, wholesale
supplier, or retailer of an AED notifies purchasers of AED's intended for use
in the State of Alabama of the requirements of this section.
(b) A person or entity who acquires an
automated external defibrillator shall notify the local emergency
communications center or dispatch center of the existing location and type of
AED.
(c) This section shall not apply to an
individual using an AED in an emergency setting if that individual is acting as
a good samaritan pursuant to Section 6-5-332, Code of Alabama 1975.
Section 3. Section 6-5-332, Code of Alabama 1975, is
amended to read as follows:
§6-5-332.
"(a) When any doctor of medicine or
dentistry, nurse, member of any organized rescue squad, member of any police or
fire department, member of any organized volunteer fire department,
Alabama-licensed emergency medical technician, intern or resident practicing in
an Alabama hospital with training programs approved by the American Medical
Association, Alabama state trooper, medical aidman functioning as a part of the
military assistance to safety and traffic program, chiropractor, or public
education employee gratuitously and in good faith, renders first aid or
emergency care at the scene of an accident, casualty, or disaster to a person
injured therein, he or she shall not be liable for any civil damages as a
result of his or her acts or omissions in rendering first aid or emergency
care, nor shall he or she be liable for any civil damages as a result of any
act or failure to act to provide or arrange for further medical treatment or
care for the injured person.
"(b) Any member of the crew of a
helicopter which is used in the performance of military assistance to safety
and traffic programs and is engaged in the performance of emergency medical
service acts shall be exempt from personal liability for any property damages
caused by helicopter downwash or by persons disembarking from the helicopter.
"(c) When any physician gratuitously
advises medical personnel at the scene of an emergency episode by direct voice
contact, to render medical assistance based upon information received by voice
or biotelemetry equipment, the actions ordered taken by the physician to
sustain life or reduce disability shall not be considered liable when the
actions are within the established medical procedures.
"(d) Any person who is qualified by a
federal or state agency to perform mine rescue planning and recovery
operations, including mine rescue instructors and mine rescue team members, and
any person designated by an operator furnishing a mine rescue team to
supervise, assist in planning or provide service thereto, who, in good faith,
performs or fails to perform any act or service in connection with mine rescue
planning and recovery operations shall not be liable for any civil damages as a
result of any acts or omissions. Nothing contained in this subsection shall be
construed to exempt from liability any person responsible for an overall mine
rescue operation, including an operator of an affected facility and any person
assuming responsibility therefor under federal or state statutes or
regulations.
"(e) A person or entity, who in
good faith and without compensation renders emergency care or treatment to a
person suffering or appearing to suffer from cardiac arrest, which may include
the use of an automated external defibrillator, shall be immune from civil
liability for any personal injury as a result of care or treatment or as a
result of any act or failure to act in providing or arranging further medical
treatment where the person acts as an ordinary prudent person would have acted
under the same or similar circumstances, except damages that may result for the
gross negligence of the person rendering emergency care. This immunity shall
extend to the licensed physician or medical authority who is involved in
automated external defibrillator site placement, the person who provides
training in CPR and the use of the automated external defibrillator, and the
person or entity responsible for the site where the automated external
defibrillator is located. This section specifically excludes from the provision
of immunity any designers, manufacturers, or sellers of automated external
defibrillators for any claims that may be brought against such entities based
upon current Alabama law."
Section 4. This act shall become effective
on the first day of the third month following its passage and approval by the
Governor, or its otherwise becoming law.