PENNSYLVANIA AED Law

House Bill 1897 - Passed 1997

SENATE AMENDED

PRIOR PRINTER'S NOS. 2399, 3348, 4117 PRINTER'S NO. 4149

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 1897

Session of 1997

INTRODUCED BY KENNEY, WOGAN, MANDERINO, HENNESSEY, JOSEPHS,

KELLER, LEDERER, ALLEN, McGEEHAN, CARN, JAMES, RAMOS, BISHOP,

THOMAS, MELIO, TRELLO, FARGO, CALTAGIRONE AND WASHINGTON,

OCTOBER 8, 1997

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 17, 1998

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for THE

NUMBER OF JUDGES IN THE COURTS OF COMMON PLEAS AND THE

PHILADELPHIA MUNICIPAL COURT, FOR jurisdiction and venue of

the Philadelphia Municipal Court AND FOR JUVENILE

PROCEEDINGS; PROVIDING FOR GOOD SAMARITAN CIVIL IMMUNITY FOR

USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR; AND MAKING

APPROPRIATIONS.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1123(a) of Title 42 of the Pennsylvania

< Portions not dealing with emergency care omitted >

8331.2. GOOD SAMARITAN CIVIL IMMUNITY FOR USE OF AUTOMATED

EXTERNAL DEFIBRILLATOR.

(A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS

SECTION, ANY INDIVIDUAL WHO IS TRAINED TO USE AN AUTOMATED

EXTERNAL DEFIBRILLATOR IN ACCORDANCE WITH SUBSECTION (C) AND WHO IN GOOD FAITH USES AN AED IN AN EMERGENCY SHALL NOT BE LIABLE FOR ANY CIVIL DAMAGES AS A RESULT OF ANY ACTS OR OMISSIONS BY SUCH INDIVIDUAL IN USING THE AED, EXCEPT ANY ACTS OR OMISSIONS INTENTIONALLY DESIGNED TO HARM OR ANY GROSSLY NEGLIGENT ACTS OR OMISSIONS WHICH RESULT IN HARM TO THE INDIVIDUAL RECEIVING THE AED TREATMENT.

(B) REQUIREMENTS.--ANY PERSON WHO ACQUIRES AND MAINTAINS AN AED FOR USE IN ACCORDANCE WITH THIS SECTION SHALL NOT BE LIABLE

FOR CIVIL DAMAGES PROVIDED THAT THE PERSON:

(1) ENSURES THAT EXPECTED AED USERS RECEIVE TRAINING

PURSUANT TO SUBSECTION (C).

(2) MAINTAINS AND TESTS THE AED ACCORDING TO THE

MANUFACTURER'S OPERATIONAL GUIDELINES.

(3) PROVIDES INSTRUCTION REQUIRING THE USER OF THE AED

TO UTILIZE AVAILABLE MEANS TO IMMEDIATELY CONTACT AND

ACTIVATE THE EMERGENCY MEDICAL SERVICES SYSTEM.

(4) ASSURES THAT ANY APPROPRIATE DATA OR INFORMATION IS

MADE AVAILABLE TO EMERGENCY MEDICAL SERVICES PERSONNEL OR OTHER HEALTH CARE PROVIDERS AS REQUESTED.

(C) TRAINING.--FOR PURPOSES OF THIS SECTION, EXPECTED AED

USERS SHALL COMPLETE TRAINING IN THE USE OF AN AED PROVIDED BY

THE AMERICAN NATIONAL RED CROSS OR THE AMERICAN HEART

ASSOCIATION OR THROUGH AN EQUIVALENT COURSE OF INSTRUCTION

APPROVED BY THE DEPARTMENT OF HEALTH IN CONSULTATION WITH A

TECHNICAL COMMITTEE OF THE PENNSYLVANIA EMERGENCY HEALTH

SERVICES COUNCIL.

(D) OBSTRUCTION OF EMERGENCY MEDICAL SERVICES PERSONNEL.--

NOTHING IN THIS SECTION SHALL RELIEVE A PERSON WHO USES AN AED

FROM CIVIL DAMAGES WHEN THAT PERSON OBSTRUCTS OR INTERFERES WITH CARE AND TREATMENT BEING PROVIDED BY EMERGENCY MEDICAL SERVICES PERSONNEL OR A HEALTH PROFESSIONAL.

(E) EXCEPTION.--ANY INDIVIDUAL WHO LACKS THE TRAINING SET

FORTH IN SUBSECTION (C), BUT WHO HAS ACCESS TO AN AED AND IN

GOOD FAITH USES AN AED IN AN EMERGENCY AS AN ORDINARY REASONABLY PRUDENT INDIVIDUAL WOULD DO UNDER THE SAME OR SIMILAR CIRCUMSTANCES, SHALL RECEIVE IMMUNITY FROM CIVIL DAMAGES AS SET FORTH IN SUBSECTION (A).

(F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:

"AUTOMATED EXTERNAL DEFIBRILLATOR" OR "AED." A PORTABLE

DEVICE THAT USES ELECTRIC SHOCK TO RESTORE A STABLE HEART RHYTHM TO AN INDIVIDUAL IN CARDIAC ARREST.

"EMERGENCY." A SITUATION WHERE AN INDIVIDUAL IS BELIEVED TO

BE IN CARDIAC ARREST AND IN NEED OF IMMEDIATE MEDICAL ATTENTION

TO PREVENT DEATH OR SERIOUS INJURY.

"GOOD FAITH." INCLUDES A REASONABLE OPINION THAT THE

IMMEDIACY OF THE SITUATION IS SUCH THAT THE USE OF AN AED SHOULD

NOT BE POSTPONED UNTIL EMERGENCY MEDICAL SERVICES PERSONNEL

ARRIVE OR THE PERSON IS HOSPITALIZED.