Mississippi AED Law

H.B. 954 - Effective July 1, 1999

H. B. No. 954
99\HR03\R1164SG
PAGE 1
MISSISSIPPI LEGISLATURE REGULAR SESSION 1999
By: Representatives Barnett (92nd),
Ellington, Howell, Malone, Martinson,
Compretta, Davis
HOUSE BILL NO. 954
(As Sent to Governor)
AN ACT TO AUTHORIZE ANY PERSON TO USE AN AUTOMATED EXTERNAL 1
DEFIBRILLATOR FOR THE PURPOSE OF SAVING THE LIFE OF ANOTHER PERSON 2
IN SUDDEN CARDIAC DEATH IF THEY MEET THE REQUIREMENTS OF THIS ACT; 3
TO REQUIRE PERSONS WHO USE AUTOMATED EXTERNAL DEFIBRILLATORS TO 4
OBTAIN APPROPRIATE TRAINING AND TO ACTIVATE THE EMERGENCY MEDICAL 5
SERVICES SYSTEM UPON USE OF THE DEFIBRILLATOR; TO AMEND SECTION 6
73-25-37, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY FROM CIVIL 7
LIABILITY TO CERTAIN PERSONS RENDERING EMERGENCY CARE IN GOOD 8
FAITH WITH AN AUTOMATED EXTERNAL DEFIBRILLATOR; AND FOR RELATED 9
PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. As used in this act: 12
(a) "AED" means an automated external defibrillator, 13
which is a device, heart monitor and defibrillator that: 14
(i) Has received approval of its premarket 15
notification filed under 21 USCS, Section 360(k) from the United 16
States Food and Drug Administration; 17
(ii) Is capable of recognizing the presence or 18
absence of ventricular fibrillation, which is an abnormal heart 19
rhythm that causes the ventricles of the heart to quiver and 20
renders the heart unable to pump blood, or rapid ventricular 21
tachycardia, which is a rapid heartbeat in the ventricles and is 22
capable of determining, without intervention by an operator, 23
whether defibrillation should be performed; and 24
(iii) Upon determining that defibrillation should 25
be performed, automatically charges and advises the operator to 26
deliver hands-free external electrical shock to patients to 27
terminate ventricular fibrillation or ventricular tachycardia when 28
the heart rate exceeds a preset value. 29
(b) "Emergency medical services (EMS) notification" 30


means activation of the 911 emergency response system or the 31
equivalent. 32
SECTION 2. Any person may use an automated external 33
defibrillator for the purpose of saving the life of another person 34
in sudden cardiac death, subject to the following requirements: 35
(a) A Mississippi licensed physician must exercise 36
medical control authority over the person using the AED to ensure 37
compliance with requirements for training, emergency medical 38
services (EMS) notification and maintenance; 39
(b) The person using the AED must have received 40
appropriate training in cardiopulmonary resuscitation (CPR) and in 41
the use of an AED by the American Heart Association, American Red 42
Cross, National Safety Council or other nationally recognized 43
course in CPR and AED use; 44
(c) The AED must not operate in a manual mode except 45
when access control devices are in place or when appropriately 46
licensed individuals such as registered nurses, physicians or 47
emergency medical technician-paramedics utilize the AED; and 48
(d) Any person who renders emergency care or treatment 49
on a person in sudden cardiac death by using an AED must activate 50
the EMS system as soon as possible, and report any clinical use of 51
the AED to the licensed physician. 52
SECTION 3. An individual may use an AED if all of the 53
requirements of Section 2 of this act are met. However, nothing 54
in this act shall limit the right of an individual to practice a 55
health occupation that the individual is otherwise authorized to 56
practice under the laws of Mississippi. 57
SECTION 4. Section 73-25-37, Mississippi Code of 1972, is 58
amended as follows: 59
73-25-37. (1) No duly licensed, practicing physician, 60
dentist, registered nurse, licensed practical nurse, certified 61
registered emergency medical technician, or any other person who, 62
in good faith and in the exercise of reasonable care, renders 63


emergency care to any injured person at the scene of an emergency, 64
or in transporting the injured person to a point where medical 65
assistance can be reasonably expected, shall be liable for any 66
civil damages to the injured person as a result of any acts 67
committed in good faith and in the exercise of reasonable care or 68
omissions in good faith and in the exercise of reasonable care by 69
such persons in rendering the emergency care to the injured 70
person. 71
(2) (a) Any person who in good faith, with or without 72
compensation, renders emergency care or treatment by the use of an 73
automated external defibrillator (AED) in accordance with the 74
provisions of Sections 1 through 3 of this act, shall be immune 75
from civil liability for any personal injury as a result of that 76
care or treatment, or as a result of any act, or failure to act, 77
in providing or arranging further medical treatment, where the 78
person acts as an ordinary, reasonably prudent person would have 79
acted under the same or similar circumstances and the person's 80
actions or failure to act does not amount to willful or wanton 81
misconduct or gross negligence. 82
(b) The immunity from civil liability for any personal 83
injury under subsection (2)(a) of this section includes the 84
licensed physician who is involved with AED site placement, and 85
the person who provides the CPR and AED training. 86
(c) The immunity from civil liability under subsection 87
(2)(a) of this section does not apply if the personal injury 88
results from the gross negligence or willful or wanton misconduct 89
of the person rendering the emergency care. 90
SECTION 5. This act shall take effect and be in force from 91
and after July 1, 1999. 92