Colorado AED Law
HB 99-1283
HOUSE BILL 99-1283
Colorado General Assembly
BY REPRESENTATIVES Spence, Coleman, Witwer, Decker, Kester, King,
Lawrence, Stengel, Swenson, Tapia, Vigil, and Webster; also
SENATORS Blickensderfer, Congrove, Epps, Hernandez, Maritnez,
Musgrave, Reeves, Tebedo, and Weddig.
Concerning limited immunity for the use of automated external
defibrillators in emergency situations.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 10 Part 1 of article 21 of title 13, Colorado Revised
Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
13-21-108.1. Persons rendering emergency assistance through the
use of automated external defibrillators - limited immunity.
(1) The general assembly hereby declares that it is the intent of
the general assembly to encourage the use of automated external
defibrillators for the purpose of saving the lives of people in
cardiac arrest.
(2) As used in this section, unless the context otherwise
requires:
(a) "AED" or "defibrillator" means an
automated external defibrillator that:
(I) Has received approval of its premarket notification filed
pursuant to 21 U.S.C. sec. 360 (k), from the federal food and
drug administration;
(II) 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; and
(III) Upon determining that defibrillation should be performed,
automatically charges and requests delivery of an electrical
impulse to an individual's heart.
(b) "Licensed physician" means a physician licensed to
practice medicine in this state.
(3) (a) In order to ensure public health and safety, a person or
entity who acquires an AED shall ensure that:
(I) Expected AED users receive training in cardiopulmonary
resuscitation (CPR) and AED use through a course approved by the
department of public health and environment;
(II) The defibrillator is maintained and tested according to the
manufacturer's operational guidelines and that written records
are maintained of this maintenance and testing;
(III) There is involvement of a licensed physician in the program
at the site of the AED to ensure compliance with requirements for
training, notification, and maintenance;
(IV) There are written plans in place concerning the placement of
AED's, training of personnel, pre-planned coordination with the
emergency medical services system, medical oversight, AED
maintenance, identification of personnel authorized to use AED's,
and reporting of AED utilization, which written plans have been
reviewed and approved by a licensed physician;
(V) Any person who renders emergency care or treatment to a
person in cardiac arrest by using an AED activates the emergency
medical services system as soon as possible and reports any
clinical use of the AED to the licensed physician affiliated with
the program.
(b) Any person or entity that acquires an AED shall notify an
agent of the applicable emergency communications or vehicle
dispatch center of the existence, location, and type of AED.
(4) (a) Any person or entity whose primary duties do not include
the provision of health care and who, in good faith and without
compensation, renders emergency care or treatment by the use of
an AED shall not be liable for any civil damages for acts or
omissions made in good faith as a result of such care or
treatment or as a result of any act or failure to act in
providing or arranging further medical treatment, unless the acts
or omissions were grossly negligent or willful and wanton.
(b) The immunity provided in paragraph (a) of this subsection (4)
extends to the licensed physician who is involved with AED site
placement, the person or entity who provides the CPR and AED site
placement, and the person or entity responsible for the site
where the AED is located.
(c) The immunity provided in this subsection (4) applies only if
the requirements of subsection (3) of this section are met.
(5) The requirements of subsection (3) of this section shall not
apply to any individual using an AED during a medical emergency
if that individual is acting as a good samaritan under section
13-21-108.
SECTION 20 Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the
immediate preservation of the public peace, health, and safety.
____________________________ ____________________________
Russell George Ray Powers
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Bill Owens
GOVERNOR OF THE STATE OF COLORADO