AUTOMATED EXTERNAL DEFIBRILLATORS
§2150-C.__Definitions
As used in this
chapter, unless the context otherwise indicates, the following terms have the
following meanings.
Automated external
defibrillator. "Automated external defibrillator" means a medical
device heart monitor and defibrillator that:
A. Has received
approval of its premarket notification, filed pursuant to 21 United States
Code, Section 360(k), from the United States Food and Drug Administration;
B. Is capable of
recognizing the presence or absence of ventricular fibrillation and rapid
ventricular tachycardia, and is capable of determining, without intervention by
an operator, whether defibrillation should be performed;
C. Either automatically
charges and delivers an electrical impulse to an individual, or charges and
delivers an electrical impulse at the command of the operator; and
D. In the case of a
defibrillator that may be operated in either an automatic or a manual mode, is
set to operate in the automatic mode.
2. Automated
external defibrillation. "Automatic external defibrillation" means
the process of applying an automated external defibrillator to a person in
cardiac arrest, allowing the defibrillator to interpret the cardiac rhythm,
and, if appropriate, delivering an electrical shock to the heart to allow it to
resume effective electrical activity.
3. Emergency medical
services provider. "Emergency medical services provider" means an
advanced emergency medical technician, an ambulance attendant, a basic
emergency medical services' person or a basic emergency medical technician, as
defined in Title 32, section 83, subsections 1, 3-A, 6 and 7, respectively.
4. Emergency medical
services system. "Emergency medical services system" means the
comprehensive and coordinated statewide emergency medical services system,
including the trauma care system, that is created in Title 32, chapter 2-B.
§2150-D.
Training, maintenance, testing, use and reporting requirements
1.
Training
and maintenance. A person who possesses an automated external defibrillator
must:
A. Require expected users to complete
successfully a course in automated external defibrillation and cardiopulmonary
resuscitation that is offered or approved by the American Heart
Association or another nationally recognized organization;
B. Maintain and test
the defibrillator according to the manufacturer's guidelines; and
C. Consult with a
physician regarding compliance with the requirements of paragraphs A and B.
2. Notification of
location of defibrillator. A person in possession of an automated external
defibrillator shall notify an agent of the local emergency communications or
vehicle dispatch center of the existence, location and type of the automated
external defibrillator.
3. Authorized users.
A person who has obtained appropriate training on how to perform automated
external defibrillation and has successfully completed a course in
cardiopulmonary resuscitation may perform automated external defibrillation,
regardless of whether the person is a physician, registered nurse, licensed
practical nurse or emergency medical services provider.
4. Activation of
emergency medical services system. A
person who renders out-of-hospital emergency care or treatment to a person in
cardiac arrest by using an automated external defibrillator must activate the
emergency medical services system as soon as possible and report any clinical
use of the automated external defibrillator.
§2150-E.__Immunity
1.
Immunity for provider prescription. Except in the case
of intentional misconduct, a physician
is not liable for damages for injury, death or loss to person or property for
providing a prescription for an automated external defibrillator approved for
use as a medical device by the United States Food and Drug Administration.
2.
Immunity for providing training. Except in the case of
intentional misconduct, a person is not liable for civil damages for injury,
death or loss to person or property for providing training in automated
external defibrillation.
3.Immunity for
providing defibrillation. Except in the case of intentional misconduct or when
there is no good faith attempt to notify an emergency medical services system
organization in accordance with section 2150-D, subsection 3, a person is not
criminally responsible nor liable for civil damages for injury, death or loss
to person or property for performing automated
external defibrillation in good faith, regardless of whether the person has
obtained appropriate training on how to perform automated external
defibrillation.
SUMMARY
This bill requires certain training for designated uses of a
defibrillator; requires notification of
a defibrillator with the emergency medical services system; requires activation
of the emergency medical services system in an emergency situation where a
defibrillator is used; and provides immunity from liability for
persons who use such a defibrillator.