Idaho AED Law
Senate Bill 1185 - Passed 1999
LEGISLATURE OF THE STATE OF IDAHO
Fifty-fifth Legislature--First Regular Session - 1999
IN THE SENATE
SENATE BILL NO. 1185, As Amended in the House
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR;
AMENDING CHAPTER 3,
3 TITLE 5, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5-337,
IDAHO CODE,
4 TO DEFINE AN AUTOMATED EXTERNAL DEFIBRILLATOR, TO PRESCRIBE THE
CONDITIONS
5 FOR USE AND TO PROVIDE IMMUNITY TO PERSONS WHO COMPLY WITH THE
REQUIRE-
6 MENTS OF THIS SECTION IN USING A DEFIBRILLATOR IN AN EMERGENCY;
AND
7 DECLARING AN EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 3, Title 5, Idaho Code, be, and the
same is
10 hereby amended by the addition thereto of a NEW SECTION , to
be
11 known and designated as Section 5-337, Idaho Code, and to read
as follows:
12 5-337. IMMUNITY FOR USE OF AUTOMATED EXTERNAL DEFIBRILLATOR
(AED).
13 (1) As used in this section, "defibrillator" means
an "automated external
14 defibrillator (AED)" which has been prescribed by a
physician or osteopath
15 licensed pursuant to chapter 18, title 54, Idaho Code.
16 (2) In order to promote public health and safety:
17 (a) A person or entity who acquires a defibrillator as a
result of a pre-
18 scription shall ensure that:
19 (i) Expected defibrillator users receive training in its use
and
20 care equivalent to the CPR and AED training of the American
heart
21 association, the American red cross or similar entities;
22 (ii) The defibrillator is maintained and tested according to
the
23 manufacturer's operational guidelines;
24 (iii) There is involvement of a licensed physician in the
site's pro-
25 gram to ensure compliance with requirements for training,
notifica-
26 tion, maintenance and guidelines for use;
27 (iv) Any person who renders emergency care or treatment to a
person
28 defibrillator to the prescribing physician.
31 (b) Any person or entity who acquires a defibrillator as a
result of a
32 prescription shall notify an agent of the emergency
communications system
33 or emergency vehicle dispatch center of the existence,
location and type
34 of defibrillator.
35 (3) No cause of action shall be maintained which arises from
the good
36 faith use of a defibrillator in an emergency setting. This
immunity from civil
37 liability does not apply if the acts or omissions amount to
gross negligence
38 or willful or wanton misconduct.
39 (4) A defibrillator acquired pursuant to a prescription and
possessed in
40 compliance with subsection (2) of this section is exempt from
the provisions
41 of chapter 1, title 39, Idaho Code.
42
42 SECTION 2. An emergency existing therefor, which emergency is
hereby
1 declared to exist, this act shall be in full force and effect
on and after its
2 passage and approval.
Statement of Purpose / Fiscal Impact
STATEMENT OF PURPOSE
RS09063
Currently many people die unexpectedly from heart attack.
Statistics show that when the heart stops beating, treatment must
be initiated within 4 minutes or permanent damage or death will
likely occur. It is very difficult for paramedics to arrive on
the scene within this time frame. In many public and private
areas, however, newly developed Automatic External Defibrillators
could be used within this time frame, with minimal training .
Computer technology has advanced so rapidly, that these new
Automatic Defibrillators are actually able to interpret heart
beat irregularity with as much accuracy as many Health Care
Providers and automatically deliver a life-saving shock.
This bill would allow the use of this high-tech equipment and
grants the user good Samaritan protection.
FISCAL NOTE
There would be no fiscal impact to the general fund.