LRB–1382/1

DAK:wlj:km

AINSWORTH, ALBERS, BALOW, BOYLE, BRANDEMUEHL, CARPENTER, CULLEN,

GOETSCH, GRONEMUS, GUNDERSON, HAHN, HASENOHRL, HOVEN, HUBER, KAUFERT,

KELSO, KLUSMAN, LADWIG, LA FAVE, LASSA, J. LEHMAN, M. LEHMAN, MEYER,

MILLER, MUSSER, POWERS, RYBA, SERATTI, SHERMAN, STEINBRINK, SYKORA, URBAN

DARLING, FARROW, HUELSMAN, LAZICH, RISSER, ROESSLER, ROSENZWEIG, PLACHE

Committee on Public Health.

limitations on and requirements for use of semiautomatic defibrillators by

individuals other than emergency medical technicians and first responders –

defibrillation, providing civil immunity for the use and requiring the

department of health and family services to review training courses for the use.

Under current law, the department of health and family services (DHFS)

certifies qualified applicants to perform defibrillation (administering an electrical

impulse to an individual’s heart to stop a disturbance in its normal rhythm) by use

of automatic, semiautomatic or manual defibrillators. Standards for the

certification are prescribed by DHFS by rule. In addition, emergency medical

technicians and persons who have completed requirements for certification as first

responders – defibrillation by DHFS are authorized to use automatic or

semiautomatic defibrillators under limitations prescribed by DHFS by rule. A

county, city, town, village or hospital, or a combination of any of these, or an

ambulance service provider, under a plan approved by DHFS, may conduct an

emergency medical services program that uses emergency medical technicians –

paramedics for the delivery of emergency medical care to sick, disabled or injured

individuals at the scene of an emergency and during transport to a hospital.

Currently, under the "Good Samaritan law", a person who in good faith renders

emergency care at the scene of an emergency or accident is immune from civil

– 2 – 1999 – 2000 Legislature LRB–1382/1

DAK:wlj:km

liability for his or her acts or omissions in rendering the emergency care. This

immunity does not apply to employes who are trained in health care or who are

health care professionals in rendering emergency care for compensation and within

the scope of their usual and customary employment or practice at or enroute to a

hospital, at a physician’s office or at the scene of an emergency or accident.

This bill authorizes use of a semiautomatic defibrillator in rendering

emergency care or treatment to an individual who appears to be in cardiac arrest, by

a person other than an ambulance service provider, emergency medical technician

or a first responder – defibrillation, if the person has received training in a course for

which a physician serves as medical director and that is approved by DHFS. The bill

requires a person who provides a semiautomatic defibrillator for use to provide

written notification to the nearest emergency medical services program as to the type

of defibrillator, its location on the person’s premises and its intended usage area and

to ensure that the semiautomatic defibrillator is maintained and tested in

accordance with any operational guidelines of the manufacturer.

The bill provides immunity from civil liability for the acts or omissions of a

person, other than an ambulance service provider, emergency medical technician or

first responder – defibrillation, who has received training in a course approved by

DHFS, in rendering in good faith emergency care, by use of a semiautomatic

defibrillator, to an individual who appears to be in cardiac arrest. The bill also

provides immunity from civil liability for the physician who serves as medical

director for the training course, the person who makes available the semiautomatic

defibrillator for use and the provider of the required training. The immunity does

not extend to a person whose act or omission in using the semiautomatic defibrillator

or in making it available constitutes gross negligence. The immunity also does not

extend to a health care professional (other than the medical director for the training

course) who renders emergency care for compensation and within the scope of his or

her usual and customary employment or practice at or enroute to a hospital, at a

physician’s office or at the scene of an emergency or accident.

Lastly, the bill requires DHFS to review training courses for the use of a

semiautomatic defibrillator and authorizes DHFS to approve those courses that

satisfy DHFS’ standards for approval.

For further information see the state and local fiscal estimate, which will be

printed as an appendix to this bill.

subsection:

– 3 – 1999 – 2000 Legislature LRB–1382/1

DAK:wlj:km

disappearance of arterial blood pressure that connote ventricular fibrillation or

pulseless ventricular tachycardia.

2. "Pulseless ventricular tachycardia" means a disturbance in the normal

rhythm of the heart that is characterized by rapid electrical activity of the heart with

no cardiac output.

(b) Notwithstanding subs. (6g) (b) and (8) (e), a person other than an emergency

medical technician or a first responder – defibrillation may use a semiautomatic

defibrillator in rendering emergency care or treatment to an individual who appears

to be in cardiac arrest if the person has received training in a course for which a

physician serves as medical director and that is approved by the department under

par. (d).

(c) A person who provides a semiautomatic defibrillator for use under par. (b)

shall do all of the following:

1. Provide written notification to the nearest emergency medical services

program under s. 146.55 (2). The notification shall include information as to the type

of the semiautomatic defibrillator, the location of the defibrillator on the premises of

the person and the intended usage area for the defibrillator.

2. Ensure that the semiautomatic defibrillator is maintained and tested in

accordance with any operational guidelines of the manufacturer.

(d) The department shall review training courses for the use of a semiautomatic

defibrillator under this subsection and may approve those training courses that

satisfy standards for approval that are specified by the department.

– 4 – 1999 – 2000 Legislature LRB–1382/1

DAK:wlj:km

s. 146.50 (8g) and who acts within the applicable limitations of s. 146.50 (8g) is

immune from civil liability for the acts or omissions of a person in rendering in good

faith emergency care by use of a semiautomatic defibrillator under s. 146.50 (8g) to

an individual who appears to be in cardiac arrest:

1. The person who renders the care.

2. The physician specified in s. 146.50 (8g) (b).

3. The person who provides the semiautomatic defibrillator for use, as specified

in s. 146.50 (8g) (c).

4. The provider of training required under s. 146.50 (8g) (b).

(b) The immunity specified in par. (a) does not extend to any of the following:

1. A person whose act or omission resulting from the use or the provision for

use of the semiautomatic defibrillator constitutes gross negligence.

2. Other than a physician, as specified under par. (a) 2., a health care

professional who renders emergency care for compensation and within the scope of

his or her usual and customary employment or practice at a hospital or other

institution equipped with hospital facilities, at the scene of an emergency or accident,

enroute to a hospital or other institution equipped with hospital facilities or at a

physician’s office.