Indiana AED Law

Senate Bill 171 - Passed 2/18/99

February 18, 1998
ENGROSSED
SENATE BILL No. 171
_____
DIGEST OF SB0171 (Updated February 17, 1998 12:27 pm - DI 78)
Citations Affected: IC 16-31; IC 34-4.
Synopsis: Defibrillator use and immunity. Requires a person or entity
who is not a physician, a hospital, an ambulatory outpatient surgical
center, a person providing health care in a hospital or ambulatory
outpatient surgical center, or a person or entity licensed or regulated by
the emergency medical services commission and who acquires an
automatic external defibrillator to: (1) ensure that defibrillator users
successfully complete an American Heart Association automated
external defibrillator course or the equivalent and an American Heart
Association cardiopulmonary resuscitation course or the equivalent,
taught by a national or state approved instructor; (2) ensure that the
defibrillator is maintained and tested according to the manufacturer's
operational guidelines; and (3) enlist medical direction by a licensed
physician in the use of the defibrillator and cardiopulmonary
resuscitation. Requires a person or entity in possession of a defibrillator
to notify the ambulance service provider that serves the area where the
person or entity is located or the emergency medical services
commission of the acquisition and location of the defibrillator.
Requires a person who uses a defibrillator to contact the ambulance
service provider or a fire department that provides ambulance service
to the area as soon as practicable following the use of the defibrillator.
Provides that a person who in good faith gratuitously renders
emergency care involving the use of an automatic external defibrillator
is immune from civil liability for any damages resulting from an act or
omission not amounting to gross negligence or willful or wanton
misconduct. Provides that an individual, business, or organization that
allows a person who is an expected user to use the defibrillator of the
individual, business, or organization to render emergency medical care
is immune from civil liability for damages resulting from an act or
omission not amounting to gross negligence or wilful or wanton
misconduct by the user, or for acquiring or providing the automatic
external defibrillator to the user for the purpose of rendering the care.
Provides that a person or an entity required by law to fulfill certain
requirements in acquiring or using an automatic external defibrillator
must fulfill the requirements in order to be immune from civil liability
for use of the defibrillator.

February 18, 1998
Second Regular Session 110th General Assembly (1998)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 1997 General Assembly.

SENATE BILL No. 171
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 16-31-6.5 IS ADDED TO THE INDIANA CODE 1
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 2
UPON PASSAGE]: 3
Chapter 6.5. Automatic External Defibrillators 4
Sec. 1. This chapter applies only to persons who are subject to 5
the standards established by the commission under IC 16-31-2-9. 6
Sec. 2. This chapter does not apply to the following: 7
(1) A licensed physician. 8
(2) A hospital or an ambulatory outpatient surgical center. 9
(3) A person providing health care in a hospital or an 10
ambulatory outpatient surgical center licensed under 11
IC 16-21. 12
(4) A person or entity certified under IC 16-31-3. 13
Sec. 3. As used in this chapter, "defibrillator" means an 14
automatic external defibrillator. 15

Sec. 4. A person or entity acquiring a defibrillator shall do the 1
following: 2
(1) Ensure that expected defibrillator users successfully 3
complete an American Heart Association automated external 4
defibrillator course or the equivalent and an American Heart 5
Association cardiopulmonary resuscitation course or the 6
equivalent, taught by a national or state approved instructor. 7
The user of a defibrillator shall possess demonstrated 8
proficiency in defibrillation and cardiopulmonary 9
resuscitation. 10
(2) Ensure that the defibrillator is maintained and tested 11
according to the manufacturer's operational guidelines. 12
(3) Enlist medical direction by a licensed physician in the use 13
of the defibrillator and cardiopulmonary resuscitation. 14
Sec. 5. A person or entity in possession of a defibrillator shall 15
notify the: 16
(1) ambulance service provider that serves the area where the 17
person or entity is located; or 18
(2) emergency medical services commission; 19
of the acquisition and location of the defibrillator. 20
Sec. 6. A person who uses a defibrillator is required to contact: 21
(1) the ambulance service provider; or 22
(2) a fire department that provides ambulance service; 23
for the area as soon as practicable following the use of the 24
defibrillator. 25
SECTION 2. IC 34-4-12-1.5, AS AMENDED BY P.L.219-1996, 26
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 27
UPON PASSAGE]: Sec. 1.5. (a) As used in this section, "gratuitously 28
renders emergency care" means the giving of emergency care, 29
including the use of an automatic external defibrillator, that was 30
volunteered without legal obligation on the part of the person rendering 31
the emergency care and for which the person rendering the emergency 32
care does not expect remuneration. Emergency care may not be 33
considered to be gratuitously rendered emergency care solely because 34
of the failure to send a bill for the emergency care. 35
(b) This section does not apply to services rendered by a health care 36
provider (as defined in IC 27-12-2-14) to a patient in a health care 37
facility (as defined in IC 27-8-10-1). 38
(c) Except as provided in subsection (d), a person who comes 39
upon the scene of an emergency or accident or is summoned to the 40
scene of an emergency or accident and, in good faith, gratuitously 41
renders emergency care at the scene of the emergency or accident is 42
immune from civil liability for any personal injury that results from: 1
(1) any act or omission by the person in rendering the emergency 2
care; or as a result of 3
(2) any act or failure to act to provide or arrange for further 4
medical treatment or care for the injured person; 5
except for acts or omissions amounting to gross negligence or willful 6
or wanton misconduct. 7
(d) This subsection applies to a person to whom IC 16-31-6.5 8
applies. A person who gratuitously renders emergency care 9
involving the use of an automatic external defibrillator is immune 10
from liability for any act or omission not amounting to gross 11
negligence or wilful or wanton misconduct if the person fulfills the 12
requirements set forth in IC 16-31-6.5. 13
(e) This subsection applies to an individual, business, or 14
organization to which IC 16-31-6.5 applies. An individual, business, 15
or organization that allows a person who is an expected user to use 16
an automatic external defibrillator of the individual, business, or 17
organization to in good faith gratuitously render emergency care 18
is immune from civil liability for any damages resulting from an 19
act or omission not amounting to gross negligence or wilful or 20
wanton misconduct by the user or for acquiring or providing the 21
automatic external defibrillator to the user for the purpose of 22
rendering the emergency care if the individual, business, or 23
organization and the user fulfill the requirements set forth in 24
IC 16-31-6.5. 25
SECTION 3. An emergency is declared for this act. 26


COMMITTEE REPORT
Mr. President: The Senate Committee on Corrections, Criminal and
Civil Procedures, to which was referred Senate Bill 171, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 2, line 3, delete "receive reasonable" and insert "successfully
complete an American Heart Association automated external
defibrillator course or the equivalent and an American Heart
Association cardiopulmonary resuscitation course or the
equivalent, taught by a national or state approved instructor.".
Page 2, delete lines 4 through 5.
Page 2, line 6, delete "instructor.".
Page 2, line 7, delete "defibrillator use" and insert "defibrillation".
and when so amended that said bill do pass.
(Reference is to Senate Bill 171 as introduced.)
MEEKS, Chairperson
Committee Vote: Yeas 9, Nays 0.


SENATE MOTION
Mr. President: I move that Senators Craycraft and Antich be added
as coauthors of Senate Bill 171.
K. ADAMS