Oklahoma AED Act
1st Session of the 47th
Legislature (1999)HOUSE BILL NO. 1190
An Act relating to torts; making certain persons using or providing automated external defibrillator immune from civil liability in certain situations; providing exceptions; listing certain conditions for release of liability; making section part of Good Samaritan Act; defining term; providing for codification; and providing an effective date.
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes
as Section 5.8 of Title 76, unless there is created a duplication in numbering,
reads as follows:
A. Any person or entity who, in good faith and
without expectation of compensation, renders emergency care or treatment
outside of a medical facility, by the use of an automated external
defibrillator, or the entity to whom the device is registered shall be immune
from civil liability for any personal injury as a result of such care or
treatment or failure to act in providing or arranging further medical treatment
or care for the injured person except for acts of gross negligence or willful
or wanton misconduct.
B. 1.
In order to qualify under the provisions of this section, a person or
entity acquiring an automated external defibrillator shall comply with the
following provisions:
a. ensure that
expected defibrillator users receive reasonable training in defibrillator use
and cardiopulmonary resuscitation by a national or state-approved course and
instructor. The user of a defibrillator
shall possess demonstrated proficiency in defibrillator use and cardiopulmonary
resuscitation,
b. ensure that
the defibrillator is maintained and tested according to the manufacturer’s operational
guidelines,
c. enlist
medical direction by a licensed physician in the use of the defibrillator and
cardiopulmonary resuscitation, and
d. a person or
entity in possession of a defibrillator shall notify the ambulance service
provider that serves the area where the person or entity is located.
2. Upon the use of an automated external
defibrillator in an emergency care situation, the person or entity to whom the
device is registered must immediately notify emergency authorities of its use.
C. The provisions of this section shall be a
part of the Good Samaritan Act created pursuant to Section 5 of Title 76 of the
Oklahoma Statutes.
D. The right of action to recover damages for
injuries resulting in death shall not be abrogated pursuant to the provisions
of this section.
E. For purposes of this section, the term
“automated external defibrillator” means a medical device heart monitor and
defibrillator that:
1. Has received approval of its pre-market
notification filed pursuant to 21 U.S.C., Section 360(k), from the United
States Food and Drug Administration;
2. Is capable of recognizing the presence or
absence of ventricular fibrillation or rapid ventricular tachycardia, and is
capable of determining, without intervention by an operator, whether defibrillation
should be performed; and
3. Upon determining that defibrillation should
be performed, automatically charges and requests delivery of an electrical
impulse to an individual’s heart.
SECTION 2. This act shall become effective November 1,
1999.
47-1-6013 KSM 10/11/02