Hawaii AED Act

ACT 160 H.B. 2598

A bill for an Act Relating to Automatic External Defibrillators.

Be it Enacted by the Legislature of the State of Hawaii:

SECTION 1. Section 453-2, Hawaii Revised Statues, is amended by amending subsection (b) to read as follows:

" (b) Nothing herein shall:

    1. Apply to so-called Christian Scientists so long as they merely practice the religious tenets of their church without pretending a knowledge of medicine or surgery;
    2. Prohibit service in the case of emergency or the domestic administration of family remedies;
    3. Apply to any commissioned medical officer in the United States armed forces or public health service [,] engaged in the discharge of oneís official duty, nor to any practitioner of medicine and surgery from another state when in actual consultation, including but not limited to , in-person, mail, electronic, telephonic, fiber-optic, or other telemedicine consultation [,] with a licensed physician of this State , if the physician from another state [,] at the time of such consultation [,] is licensed to practice in the state in which the physician resides; provided that:
    1. The physician from another state shall not open an office, or appoint a place to meet patients, or receive calls within the limits of the State; and
    2. The licensed physician of this State retains control and remains responsible for the provision of care for the patient; and provided further that the laws and regulations relating to contagious diseases are not violated;
    1. Prohibit services rendered by any person certified under part II of this chapter to provide emergency medical services , or any physician assistant , when the services are rendered under the direction and control of a physician licensed in this State except for spectacles, contact lenses, or visual training as performed by an oculist or optometrist duly licensed by the State. The direction and control shall not be construed in every case to require the personal presence of the supervising and controlling physician. Any physician who employs or directs a person certified under part II of this chapter to provide emergency medical services , or physician assistant , shall retain full professional and personal responsibility for any act which constitutes the practice of medicine when performed by such person or physician assistant; or
    2. Prohibit automatic external defibrillation by [any] :
    1. Any first responder personnel certified by the department of health to provide automatic external defibrillation when it is rendered under the medical oversight of a physician licensed in this State [.]; or
    2. Any person who successfully completes training under an automatic external defibrillator program administered by a physician. An "automatic external defibrillator program" means an appropriate training course that includes cardiopulmonary resuscitation and proficiency in the use of an automatic external defibrillator."

Section 2. Section 663-1.5, Hawaii Revised Statutes, is amended to read as follows:

"ß663-1.5 Exception to liability.

    1. Any person who in good faith renders emergency care, without remuneration or expectation of remuneration, at the scene of an accident or emergency to a victim of the accident or emergency shall not be liable for any civil damages resulting from the personís acts of liable for any civil damages resulting from the personís acts or omissions, except for such damages as may result from the personís gross negligence or wanton acts or omissions.
    2. No act or omission of any rescue team or physician working in direct communication with a rescue team operating in conjunction with a hospital or an authorized emergency vehicle of the hospital or the State or county, while attempting to resuscitate any person who is in immediate danger of loss of life, shall impose any liability upon the rescue team, the physicians, or the owners or operators of such hospital or authorized emergency vehicle, if good faith is exercised.
    3. For the purposes of this section, "rescue team" means a special group of physicians, basic life support personnel, advanced life support personnel, surgeons, nurses, volunteers, or employees of the owners or operators of the hospital or authorized emergency vehicle who have been trained in basic or advanced life support and have been designated by the owners or operators of the hospital or authorized emergency vehicle to attempt to provide such support and resuscitate persons who are in immediate danger of loss of life in cases of emergency.

      This section shall not relive the owners or operators of the hospital or authorized emergency vehicle of any other duty imposed upon them by law for the designation and training of members of a rescue team or for any provisions regarding maintenance of equipment to be used by the rescue team or any damages resulting from gross negligence or wanton acts or omissions.

    4. Any physician licensed to practice under the laws of this State or any other state who in good faith renders emergency medical care in a hospital to a person, who is in immediate danger of loss of life, without remuneration or expectation of remuneration, shall not be liable for any civil damages, if the physician exercises that standard of care expected of similar physicians under similar circumstances.
    5. Any person or other entity who as a public service publishes written general first aid information dealing with emergency first aid treatment, without remuneration or expectation of remuneration for providing this public service, shall not be liable for any civil damages resulting from the written publication of such first aid information except as may result from its gross negligence or wanton acts or omissions.
    6. Any person who successfully completes training under an automatic external defibrillator program administered by a physician and as defined pursuant to section 453-2 shall not be liable for any civil damages resulting from any act or omission while attempting in good faith, without remuneration or expectation of remuneration, to resuscitate a person in immediate danger of loss of life when administering an automatic external defibrillator except as may result from the personís gross negligence or wanton acts or omissions.
    7. No person, including an employer, who establishes an automatic external defibrillator program shall be liable for any civil damages resulting from any act or omission of the persons or employees trained under the program who, in good faith and without remuneration or the expectation of remuneration, attempt to resuscitate a person in immediate danger of loss of life by administering an automatic external defibrillator.

    8. This section shall not relieve any person, physician, or employer of:
      1. Any other duty imposed by law regarding the designation and training of persons or employees;
      2. Any other duty imposed by provisions regarding the maintenance of equipment to be used for resuscitation; or
      3. Liability for any damages resulting from gross negligence, or wanton acts or omissions.

For the purpose of this section, "good faith" is used to include [,] but is not limited to [,] a reasonable opinion that the immediacy of the situation is such that the rendering of care should not be postponed."

Section 3. Statutory material to be repealed is bracketed. New statutory material is underscored.

Section 4. This Act shall take effect upon its approval.

(Approved July 14, 1998.)

Substitute Senate Bill No. 318

PUBLIC ACT NO. 98-62

 

AN ACT CONCERNING GOOD SAMARITAN IMMUNITY FOR AUTOMATIC EXTERNAL DEFIBRILLATOR USE BY A PERSON WITH PROPER TRAINING.

 

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 52-557b of the general statutes is repealed and the

following is substituted in lieu thereof:

(a) A person licensed to practice medicine and surgery under the provisions of chapter 370 or

dentistry under the provisions of section 20-106 or members of the same professions licensed to

practice in any other state of the United States, a person licensed as a registered nurse under

section 20-93 or 20-94 or certified as a licensed practical nurse under section 20-96 or 20-97, AS

AMENDED, a medical technician or any person operating a cardiopulmonary resuscitator or a

person trained in cardiopulmonary resuscitation OR IN THE USE OF AN AUTOMATIC EXTERNAL DEFIBRILLATOR in accordance with the standards set forth by the American Red Cross or American Heart Association, who, voluntarily and gratuitously and other than in the ordinary course of his employment or practice, renders emergency medical or professional assistance to a person in need thereof, shall not be liable to such person assisted for civil damages for any personal

injuries which result from acts or omissions by such person in rendering the emergency care, which

may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts

or omissions constituting gross, wilful or wanton negligence. FOR THE PURPOSES OF THIS SUBSECTION, "AUTOMATIC EXTERNAL DEFIBRILLATOR" MEANS A DEVICE THAT: (1) IS USED TO ADMINISTER AN ELECTRIC SHOCK THROUGH THE CHEST WALL TO THE HEART; (2) CONTAINS INTERNAL DECISION-MAKING ELECTRONICS, MICROCOMPUTERS OR SPECIAL SOFTWARE THAT ALLOWS IT TO INTERPRET PHYSIOLOGIC SIGNALS, MAKE MEDICAL DIAGNOSIS AND, IF NECESSARY, APPLY THERAPY; (3) GUIDES THE USER THROUGH THE PROCESS OF USING THE DEVICE BY AUDIBLE OR VISUAL PROMPTS; AND (4) DOES NOT REQUIRE THE USER TO EMPLOY ANY DISCRETION OR JUDGMENT IN ITS USE.

Sec. 2. Section 19a-175 of the general statutes, as amended by section 15 of public act

97-311, is repealed and the following is substituted in lieu thereof:

As used in this chapter: (1) "Emergency medical service system" means a system which provides for the arrangement of personnel, facilities and equipment for the efficient, effective and coordinated delivery of health care services under emergency conditions;

(2) "Patient" means an injured, ill, crippled or physically handicapped person requiring assistance and transportation;

(3) "Ambulance" means a motor vehicle specifically designed to carry patients;

(4) "Ambulance service" means an organization which transports patients;

(5) "Emergency medical technician" means an individual who has successfully completed the

training requirements established by the Commissioner of Public Health and has been

certified by the Department of Public Health;

(6) "Ambulance driver" means a person whose primary function is driving an ambulance;

(7) "Emergency medical technician instructor" means a person who is certified by the Department

of Public Health to teach courses, the completion of which are required in order to become an

emergency medical technician;

(8) "Communications facility" means any facility housing the personnel and equipment for

handling the emergency communications needs of a particular geographic area;

(9) "Life saving equipment" means equipment used by emergency medical personnel for the

stabilization and treatment of patients;

(10) "Emergency medical service organization" means any organization whether public, private or

voluntary which offers transportation or treatment services to patients under emergency conditions;

(11) "Invalid coach" means a vehicle used exclusively for the transportation of

nonambulatory patients, who are not confined to stretchers, to or from either a medical facility

or the patient's home in nonemergency situations or utilized in emergency situations as a backup

vehicle when insufficient emergency vehicles exist;

(12) "Rescue service" means any organization, whether profit or nonprofit, whose primary purpose

is to search for persons who have become lost or to render emergency service to persons who are in

dangerous or perilous circumstances;

(13) "Provider" means any person, corporation or organization, whether profit or nonprofit,

whose primary purpose is to deliver medical care or services, including such related medical care

services as ambulance transportation;

(14) "Commissioner" means the Commissioner of Public Health acting through the Office of

Emergency Medical Services;

(15) "Paramedic" means a person licensed pursuant to section 11 of [this act] PUBLIC ACT

97-311;

(16) "Commercial ambulance service" means an ambulance service which primarily operates for

profit;

(17) "Licensed ambulance service" means a commercial ambulance service issued a license by

the Office of Emergency Medical Services or any volunteer or municipal ambulance service issued a

license by the Office of Emergency Medical Services prior to July 1, 1981;

(18) "Certified ambulance services" means a municipal or volunteer ambulance service issued a

certificate by the Office of Emergency Medical Services; [and]

(19) "Management service" means an organization which provides emergency medical

technicians or paramedics to any entity including an ambulance service but does not include a

commercial ambulance service or a volunteer or municipal ambulance service; and

(20) "AUTOMATIC EXTERNAL DEFIBRILLATOR" MEANS A DEVICE THAT: (A) IS USED TO ADMINISTER AN ELECTRIC SHOCK THROUGH THE CHEST WALL TO THE HEART; (B) CONTAINS INTERNAL DECISION-MAKING ELECTRONICS, ICROCOMPUTERS OR SPECIAL SOFTWARE THAT ALLOWS IT TO INTERPRET PHYSIOLOGIC SIGNALS,

MAKE MEDICAL DIAGNOSIS AND, IF NECESSARY, APPLY THERAPY; (C) GUIDES THE USER THROUGH THE PROCESS OF USING THE DEVICE BY AUDIBLE OR VISUAL PROMPTS;

AND (D) DOES NOT REQUIRE THE USER TO EMPLOY ANY DISCRETION OR JUDGMENT IN ITS USE.

Sec. 3. (NEW) (a) Any person in possession of an automatic external defibrillator shall provide

notice of the location of such defibrillator to the Office of Emergency Medical Services.

(b) The Office of Emergency Medical Services shall establish a registry of automatic external

defibrillators located within the state and shall establish a procedure facilitating the use of the

enhanced 9-1-1 service, as defined in section 28-25 of the general statutes, for the location of

such defibrillator nearest to the caller.

(c) The Commissioner of Public Health may adopt regulations in accordance with the

provisions of chapter 54 of the general statutes to implement the purposes of the registry

established by this section.

Approved May 19, 1998