Georgia AED Law
Senate Bill 566 - Passed July 1, 1998
1. Hill 4th 2. Thomas 54 3. Madden 47th
4. Middleton 50th
SB 566 98 SB566/AP
SENATE BILL 566
By: Senators Hill of the 4th, Thomas of the 54th,
Madden of the 47th and Middleton of the 50th
A BILL TO BE ENTITLED
AN ACT
1 To amend Code Section 31-11-53.1 of the Official Code of
2 Georgia Annotated, relating to the automatic defibrillator
3 program, so as to provide for easier public access to
4 automated external defibrillators; to provide an effective
5 date; to repeal conflicting laws; and for other purposes.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
7 SECTION 1.
8 Code Section 31-11-53.1 of the Official Code of Georgia
9 Annotated, relating to the automatic defibrillator program,
10 is amended by striking in its entirety said Code section and
11 inserting in its place the following:
12 "31-11-53.1.
13 (a) As used in this Code section, the term:
14 (1) 'Automatic Automated external defibrillator' means a
15 defibrillator which:
16 (A) Is capable of cardiac rhythm analysis;
17 (B) Will charge and be capable of being activated to
18 deliver a countershock after electrically detecting
19 the presence of certain cardiac dysrhythmia
20 dysrhythmias; and
21 (C) Is capable of continuous recording of the cardiac
22 dysrhythmia at the scene with a mechanism for transfer
23 and storage or for printing for review subsequent to
24 use; and
25 (D) Is capable of producing a hard copy of the
26 electrocardiogram.
27 (2) 'Defibrillation' means to terminate atrial or
28 ventricular fibrillation.
29 (3) 'Designated first First responder' means an
30 individual who has successfully completed an appropriate
31 first responder course approved by the department and
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1 otherwise meets the eligibility requirements set forth
2 in this chapter any person or agency who provides
3 on-site care until the arrival of a duly licensed
4 ambulance service. This shall include, but not be
5 limited to, persons who routinely respond to calls for
6 assistance through an affiliation with law enforcement
7 agencies, fire suppression agencies, rescue agencies,
8 and others.
9 (b) It is the intent of the General Assembly that an
10 automated external defibrillator may be used by any person
11 for the purpose of saving the life of another person in
12 cardiac arrest. In order to ensure public health and
13 safety:
14 (1) It is recommended that all persons who have access
15 to or use an automated external defibrillator obtain
16 appropriate training as set forth in the Rules and
17 Regulations of the Department of Human Resources Chapter
18 290-5-30. It is further recommended that such training
19 include at a minimum the successful completion of:
20 (A) A nationally recognized health care
21 provider/professional rescuer level cardiopulmonary
22 resuscitation course; and
23 (B) A department established or approved course which
24 includes demonstrated proficiency in the use of an
25 automated external defibrillator;
26 (2) All persons and agencies possessing and maintaining
27 an automated external defibrillator shall notify the
28 appropriate emergency medical services system of the
29 existence and location of the automated external
30 defibrillator prior to said defibrillator being placed
31 in use;
32 (3) All persons who use an automated external
33 defibrillator shall activate the emergency medical
34 services system as soon as reasonably possible by
35 calling '911' or the appropriate emergency telephone
36 number upon use of the automated external defibrillator;
37 and
38 (4) Within a reasonable period of time, all persons who
39 use an automated external defibrillator shall make
40 available a printed or electronically stored report to
41 the licensed emergency medical services provider which
42 transports the patient.
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1 (c) All persons who provide instruction to others in the
2 use of the automated external defibrillator shall have
3 completed an instructor course established or approved by
4 the department.
5 (b)(d) The department shall establish an automatic
6 automated external defibrillator program for use by
7 emergency medical technicians and designated first
8 responders. Such program shall be subject to the direct
9 supervision of a medical advisor adviser approved under
10 Code Section 31-11-50. No emergency medical technician or
11 designated first responder shall be authorized to use an
12 automatic automated external defibrillator to defibrillate
13 a person unless that defibrillator is a properly
14 maintained automatic automated external defibrillator and
15 that emergency medical technician or designated first
16 responder:
17 (1) Submits to and has approved by the department an
18 application for such use, and in considering that
19 application the department may obtain and use the
20 recommendation of the local coordinating entity for the
21 health district in which the applicant will use such
22 defibrillator;
23 (2) Successfully completes an automatic automated
24 external defibrillator training program established or
25 approved by the department;
26 (3) Is subject to protocols requiring that both the
27 emergency physician which who receives a patient
28 defibrillated by that emergency medical technician or
29 designated first responder and the medical advisor
30 adviser for the defibrillator program review the
31 department required prehospital care report and any
32 other documentation of the defibrillation of any person
33 by that emergency medical technician or designated first
34 responder and send a written report of such review to
35 the district EMS medical director of the health district
36 in which the defibrillation occurred; and
37 (4) Obtains a passing score on an annual automatic
38 automated external defibrillator proficiency exam given
39 in connection with that program.
40 (e) It shall not be necessary for a licensed emergency
41 medical service, licensed neonatal transport service, or
42 other services licensed by the department which provide
43 care administered by cardiac technicians or paramedics to
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1 obtain department approval for the use of an automated
2 external defibrillator on licensed vehicles.
3 (c)(f) Any emergency medical technician or designated
4 first responder who violates the provisions of this Code
5 section shall be subject to having revoked by the
6 department that person's authority to use an automatic
7 automated external defibrillator. Such a violation shall
8 also be grounds for any entity which issues a license or
9 certificate authorizing such emergency medical technician
10 or designated first responder to perform emergency medical
11 services to take disciplinary action against such person,
12 including but not limited to suspension or revocation of
13 that license or certificate. Such a violation shall also
14 be grounds for the employer of such emergency medical
15 technician or designated first responder to impose any
16 sanction available thereto, including but not limited to
17 dismissal.
18 (g) Any first responder who gratuitously and in good faith
19 renders emergency care or treatment by the use of or
20 provision of an automated external defibrillator, without
21 objection of the injured victim or victims thereof, shall
22 not be held liable for any civil damages as a result of
23 such care or treatment or as a result of any act or
24 failure to act in providing or arranging further medical
25 treatment where the person acts without gross negligence
26 or intent to harm or as an ordinary reasonably prudent
27 person would have acted under the same or similar
28 circumstances, even if such individual does so without
29 benefit of the appropriate training. This provision
30 includes paid persons who extend care or treatment without
31 expectation of remuneration from the patient or victim for
32 receiving the defibrillation care or treatment."
33 SECTION 2.
34 This Act shall become effective on July 1, 1998.
35 SECTION 3.
36 All laws and parts of laws in conflict with this Act are
37 repealed.
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