Senate Bill sb0048c1

    Florida Senate - 2005                             CS for SB 48

    By the Committee on Health Care; and Senators Geller and Lynn





    587-2172-05

  1                      A bill to be entitled

  2         An act relating to automated external

  3         defibrillators; amending s. 401.2915, F.S.;

  4         revising legislative intent with respect to the

  5         use of an automated external defibrillator;

  6         defining an automated external defibrillator as

  7         a lifesaving defibrillation device; defining a

  8         related term; providing that it is a

  9         first-degree misdemeanor for a person to commit

10         certain acts involving the misuse of an

11         automated external defibrillator; authorizing a

12         local government to adopt an ordinance to

13         license, permit, or inspect automated external

14         defibrillators; providing for enforcement of

15         such local ordinances; requiring the Department

16         of Health to implement an educational campaign

17         to inform the public about the lack of immunity

18         from liability regarding the use of automated

19         external defibrillator devices under certain

20         conditions; providing an effective date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  Section 401.2915, Florida Statutes, is

25  amended to read:

26         401.2915  Automated external defibrillators.--It is the

27  intent of the Legislature that an automated external

28  defibrillator may be used by any person for the purpose of

29  saving the life of another person in cardiac arrest. In order

30  to achieve that goal, the Legislature intends to encourage

31  

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    Florida Senate - 2005                             CS for SB 48
    587-2172-05




 1  training in lifesaving first aid, set standards for the use of

 2  automated external defibrillators, and encourage their use.

 3         (1)  As used in this section, the term:

 4         (a)  "Automated external defibrillator" means a

 5  lifesaving defibrillation device that:

 6         1.  Is commercially distributed as a defibrillation

 7  device in accordance with the Federal Food, Drug, and Cosmetic

 8  Act;

 9         2.  Is capable of recognizing the presence or absence

10  of ventricular fibrillation and is capable of determining,

11  without intervention by the user of the device, if

12  defibrillation should be performed; and

13         3.  Is capable of delivering an electrical shock to an

14  individual, upon determining that defibrillation should be

15  performed.

16         (b)  "Defibrillation" means the administration of a

17  controlled electrical charge to the heart to restore a viable

18  cardiac rhythm.

19         (2)  In order to ensure public health and safety:

20         (a)(1)  All persons who use an automated external

21  defibrillator must obtain appropriate training, to include

22  completion of a course in cardiopulmonary resuscitation or

23  successful completion of a basic first aid course that

24  includes cardiopulmonary resuscitation training, and

25  demonstrated proficiency in the use of an automated external

26  defibrillator;

27         (b)(2)  Any person or entity in possession of an

28  automated external defibrillator is encouraged to register

29  with the local emergency medical services medical director the

30  existence and location of the automated external

31  defibrillator; and

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    Florida Senate - 2005                             CS for SB 48
    587-2172-05




 1         (c)(3)  Any person who uses an automated external

 2  defibrillator shall is required to activate the emergency

 3  medical services system as soon as possible upon use of the

 4  automated external defibrillator.

 5         (3)  Any person who intentionally or willfully:

 6         (a)  Tampers with or otherwise renders an automated

 7  external defibrillator inoperative, except during such time as

 8  the automated external defibrillator is being serviced,

 9  tested, repaired, or recharged, or except pursuant to court

10  order; or

11         (b)  Obliterates the serial number on an automated

12  external defibrillator for purposes of falsifying service

13  records,

14  

15  commits a misdemeanor of the first degree, punishable as

16  provided in s. 775.082 or s. 775.083.

17         (4)  A local ordinance may require a person to obtain a

18  license, permit, or inspection certificate regarding automated

19  external defibrillators. Such ordinance may provide for any

20  enforcement method authorized by s. 162.22. The ordinance may

21  provide that it is an infraction or a criminal offense for any

22  person to intentionally or willfully:

23         (a)  Fail to properly service, recharge, repair, test,

24  or inspect an automated external defibrillator;

25         (b)  Use the license, permit, or inspection certificate

26  of another person to service, recharge, repair, test, or

27  inspect an automated external defibrillator;

28         (c)  Hold a permit or inspection certificate and allow

29  another person to use that permit or inspection certificate

30  number to service, recharge, repair, test, or inspect an

31  automated external defibrillator; or

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    Florida Senate - 2005                             CS for SB 48
    587-2172-05




 1         (d)  Use or permit the use of any license, permit, or

 2  inspection certificate by any individual or organization other

 3  than the one to whom the license, permit, or inspection

 4  certificate is issued to service, recharge, repair, test, or

 5  inspect an automated external defibrillator.

 6         Section 2.  The Department of Health shall implement an

 7  educational campaign to inform any person who acquires an

 8  automated external defibrillator device that his or her

 9  immunity from liability under section 768.1325, Florida

10  Statutes, for harm resulting from the use or attempted use of

11  the device, does not apply if he or she fails to:

12         (1)  Properly maintain and test the device; or

13         (2)  Provide appropriate training in the use of the

14  device to his or her employee or agent when the employee or

15  agent was the person who used the device on the victim, except

16  as provided in section 768.1325, Florida Statutes.

17         Section 3.  This act shall take effect upon becoming a

18  law.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                          Senate Bill 48

22                                 

23  The committee substitute creates a criminal offense for
    certain acts involving tampering with an automated external
24  defibrillator (AED). Local governments are authorized to adopt
    an ordinance to require a person to obtain a license, permit,
25  or inspection certificate for AEDs and provides for
    enforcement of such local ordinances. The bill requires the
26  Department of Health to implement an educational campaign to
    inform persons who acquire an AED that immunity from liability
27  does not extend to failure to properly maintain and test the
    AED or failure to provide appropriate training in the use of
28  the AED.

29  

30  

31  

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