| 1 | A bill to be entitled |
| 2 | An act relating to automated external defibrillators; |
| 3 | amending s. 401.2915, F.S.; revising legislative intent |
| 4 | with respect to the use of an automated external |
| 5 | defibrillator; defining the terms "automated external |
| 6 | defibrillator" and "defibrillation"; providing that it is |
| 7 | a first degree misdemeanor for a person to commit certain |
| 8 | acts involving the misuse of an automated external |
| 9 | defibrillator; providing penalties and an exception; |
| 10 | requiring the Department of Health to implement an |
| 11 | educational campaign to inform persons who acquire |
| 12 | automated external defibrillator devices of the scope and |
| 13 | limitations of the immunity from liability provided under |
| 14 | the Cardiac Arrest Survival Act; amending s. 768.1325, |
| 15 | F.S.; revising the definition of the term "automated |
| 16 | external defibrillator"; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 401.2915, Florida Statutes, is amended |
| 21 | to read: |
| 22 | 401.2915 Automated external defibrillators.--It is the |
| 23 | intent of the Legislature that an automated external |
| 24 | defibrillator may be used by any person for the purpose of |
| 25 | saving the life of another person in cardiac arrest. In order to |
| 26 | achieve that goal, the Legislature intends to encourage training |
| 27 | in lifesaving first aid and set standards for and encourage the |
| 28 | use of automated external defibrillators. |
| 29 | (1) As used in this section, the term: |
| 30 | (a) "Automated external defibrillator" means a device as |
| 31 | defined in s. 768.1325(2)(b). |
| 32 | (b) "Defibrillation" means the administration of a |
| 33 | controlled electrical charge to the heart to restore a viable |
| 34 | cardiac rhythm. |
| 35 | (2) In order to ensure public health and safety: |
| 36 | (a)(1) All persons who use an automated external |
| 37 | defibrillator must obtain appropriate training, to include |
| 38 | completion of a course in cardiopulmonary resuscitation or |
| 39 | successful completion of a basic first aid course that includes |
| 40 | cardiopulmonary resuscitation training, and demonstrated |
| 41 | proficiency in the use of an automated external defibrillator. |
| 42 | (b)(2) Any person or entity in possession of an automated |
| 43 | external defibrillator is encouraged to register with the local |
| 44 | emergency medical services medical director the existence and |
| 45 | location of the automated external defibrillator. |
| 46 | (c)(3) Any person who uses an automated external |
| 47 | defibrillator shall activate the emergency medical services |
| 48 | system as soon as possible upon use of the automated external |
| 49 | defibrillator. |
| 50 | (3) Any person who intentionally or willfully: |
| 51 | (a) Tampers with or otherwise renders an automated |
| 52 | external defibrillator inoperative, except during such time as |
| 53 | the automated external defibrillator is being serviced, tested, |
| 54 | repaired, recharged, or inspected or except pursuant to court |
| 55 | order; or |
| 56 | (b) Obliterates the serial number on an automated external |
| 57 | defibrillator for purposes of falsifying service records, |
| 58 |
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| 59 | commits a misdemeanor of the first degree, punishable as |
| 60 | provided in s. 775.082 or s. 775.083. Paragraph (a) does not |
| 61 | apply to the owner of the automated external defibrillator or |
| 62 | the owner's authorized representative or agent. |
| 63 | (4) Each local and state law enforcement vehicle may carry |
| 64 | an automated external defibrillator. |
| 65 | Section 2. The Department of Health shall implement an |
| 66 | educational campaign to inform any person who acquires an |
| 67 | automated external defibrillator device of the scope and |
| 68 | limitations of the immunity from liability provided under s. |
| 69 | 768.1325, Florida Statutes. |
| 70 | Section 3. Paragraph (b) of subsection (2) of section |
| 71 | 768.1325, Florida Statutes, is amended to read: |
| 72 | 768.1325 Cardiac Arrest Survival Act; immunity from civil |
| 73 | liability.-- |
| 74 | (2) As used in this section: |
| 75 | (b) "Automated external defibrillator device" means a |
| 76 | lifesaving defibrillator device that: |
| 77 | 1. Is commercially distributed in accordance with the |
| 78 | Federal Food, Drug, and Cosmetic Act. |
| 79 | 2. Is capable of recognizing the presence or absence of |
| 80 | ventricular fibrillation, and is capable of determining without |
| 81 | intervention by the user of the device whether defibrillation |
| 82 | should be performed. |
| 83 | 3. Upon determining that defibrillation should be |
| 84 | performed, is able to deliver an electrical shock to an |
| 85 | individual. |
| 86 | Section 4. This act shall take effect July 1, 2006. |