Arkansas AED Law

House Bill 1006 - Passed 2/17/99

Stricken language would be deleted from and underlined language would be added to law as it existed prior to the 82nd General Assembly.

1 State of Arkansas As Engrossed: H1/20/99 S2/4/99

2 82nd General Assembly A Bill Act 101 of 1999

3 Regular Session, 1999 HOUSE BILL 1006

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5 By: Representatives Laverty, Agee, French, Gillespie, Hathorn, Jacobs, Milligan, Prater

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8 For An Act To Be Entitled

9 "AN ACT TO PROVIDE FOR PUBLIC ACCESS TO AUTOMATED

10 EXTERNAL DEFIBRILLATORS; AND FOR OTHER PURPOSES."

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12 Subtitle

13 "AN ACT TO PROVIDE FOR PUBLIC ACCESS TO

14 AUTOMATED EXTERNAL DEFIBRILLATORS."

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16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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18 SECTION 1. This act may be cited as "The Public Access to Automated

19 External Defibrillation Act of 1999."

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21 Section 2. Legislative Intent.

22 The General Assembly finds that early defibrillation can sustain the

23 life of and temporarily stabilize a person in cardiac arrest, and that

24 early defibrillation operates as an extension of a physician in

25 sustaining the life of and stabilizing a person in cardiac arrest, thus

26 helping to preserve the Arkansas family. It is the intent of the

27 General Assembly that the public have access to automated external

28 defibrillators for the purpose of saving the lives of persons in cardiac

29 arrest.

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31 SECTION 3. Definitions.

32 For purposes of this act:

33 (a) "Automated External Defibrillator (AED)" means a device which:

34 (1) is used to administer an electric shock through the chest

35 wall to the heart;

36 (2) has built-in computers within the device to assess the

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1 patient's heart rhythm, judge whether defibrillation is needed and then

2 administers the shock;

3 (3) has audible and/or visual prompts to guide the user through

4 the process;

5 (4) has received approval of its premarket modification, filed

6 pursuant to 21 U.S.C. Section 360 (k), from the United States Food and Drug

7 Administration;

8 (5) is capable of recognizing the presence or absence of

9 ventricular fibrillation and rapid ventricular tachycardia, and is capable of

10 determining, without intervention by an operator, whether defibrillation

11 should be performed;

12 (6) upon determining that defibrillation should be performed,

13 either automatically charges and delivers an electrical impulse to an

14 individual's heart, or charges and delivers an electrical impulse at the

15 command of the operator; and

16 (7) in the case of a defibrillator that may be operated in either

17 an automatic or a manual mode, is set to operate in the automatic mode.

18 (b) "Cardiac arrest" means a condition, often sudden, that is due to

19 abnormal heart rhythms called arrhythmias. It is generally the result of some

20 underlying form of heart disease.

21 (c) "CPR" means a combination of rescue breathing and chest

22 compressions/external cardiac massage used to sustain a person's life until

23 advanced assistance arrives.

24 (d) "Defibrillation" means administering an electrical impulse to an

25 individual's heart in order to stop ventricular fibrillation or rapid

26 ventricular tachycardia.

27 (e) "Emergency medical services system" means the transportation and

28 medical care provided the ill or injured prior to arrival at a medical

29 facility by a certified emergency medical technician or other health care

30 provider and continuation of the initial emergency care within a medical

31 facility subject to the approval of the medical staff and governing board of

32 that facility.

33 (f) "Medical authority" means a health services organization or medical

34 organization, with physician medical direction.

35 (g) "Physician" means an Arkansas licensed doctor of Medicine (M.D.) or

36 Doctor of Osteopathy (D.O.).

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1 (8) "Person" means any individual, partnership, association,

2 corporation or any organized group of persons whether incorporated or not.

3 (9) "Ventricular fibrillation" means the most common arrhythmia

4 that causes cardiac arrest. It is a condition in which the heart's electrical

5 impulses suddenly become chaotic, often without warning, causing the heart's

6 pumping action to stop abruptly.

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8 SECTION 4. Access by the public to defibrillators.

9 (a) In order to ensure the public health and safety, a person or entity

10 who acquires an AED shall ensure that:

11 (1) expected AED users complete a knowledge and skills course in

12 CPR and AED use based upon current American Heart Association scientific

13 guidelines, standards, and recommendations for providing CPR and the use of

14 AEDs as published in American Heart Association, American Red Cross, or

15 equivalent course materials;

16 (2) the defibrillator is maintained and tested according to the

17 manufacturer's operational guidelines and instructions;

18 (3) there is the involvement of a physician or medical authority

19 to the site's AED program to ensure compliance with requirements for training,

20 notification, and maintenance;

21 (4) any person who renders emergency care or treatment on a

22 person in cardiac arrest by using an AED activates the emergency medical

23 services system as soon as possible, and reports any clinical use of the AED

24 to the physician or medical authority as well as to emergency medical services

25 providers.

26 (b) Any person or entity who acquires an AED shall notify an agent of

27 emergency communications, 9-1-1, or vehicle dispatch center of the existence,

28 location, and type of AED.

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30 SECTION 5. AED use and tort immunity.

31 (a) Any person or entity who in good faith and without compensation

32 renders emergency care or treatment by the use of an automated external

33 defibrillator is immune from civil liability for any personal injury as a

34 result of the care or treatment, or as a result of any act or failure to act

35 in providing or arranging further medical treatment, if the person acts as an

36 ordinary, reasonably prudent person would have acted under the same or similar

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1 circumstances.

2 (b) The immunity from civil liability for any personal injury under (a)

3 of this section includes: the physician or medical authority who is involved

4 with AED site placement, the person or entity who provides the CPR and AED

5 training, and the person or entity responsible for the site where the AED is

6 located.

7 (c) The immunity from civil liability under (a) of this section does

8 not apply if the personal injury results from the gross negligence or willful

9 or wanton misconduct of the person rendering the emergency care.

10 (d) The requirements of Section 4 of this act do not apply to any

11 individual using an AED in an emergency setting if that individual is

12 acting as a Good Samaritan pursuant to the provisions of either Arkansas

13 Code Section 17-95-101 or Section 17-95-106.

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15 SECTION 6. The Arkansas Code Revision Commission shall codify this act

16 as part of Title 17, Chapter 95.

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18 SECTION 7. If any provision of this Act or the application thereof to

19 any person or circumstance is held invalid, such invalidity shall not affect

20 other provisions or applications of the Act which can be given effect without

21 the invalid provision or application, and to this end the provisions of this

22 Act are declared to be severable.

23

24 SECTION 8. All laws and parts of laws in conflict with this Act are

25 hereby repealed.

26 /s/ Laverty, et al

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29 APPROVED: 2/17/1999

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