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:
Section 2. Section 663-1.5, Hawaii Revised Statutes, is amended to read as follows:
"ß663-1.5 Exception to liability.
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.
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.
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 Statutory material to be repealed is bracketed.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 Subsection (a) of section 52-557b of the general statutes is repealed and the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
(16) "Commercial ambulance service" means an ambulance service which primarily operates for
(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