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 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
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.
There would be no fiscal impact to the general fund.