| 1 | A bill to be entitled |
| 2 | An act relating to automated external defibrillators; |
| 3 | amending s. 401.2915, F.S.; revising provisions relating |
| 4 | to the maintenance of and training requirements for the |
| 5 | use of automated external defibrillators; revising |
| 6 | provisions encouraging notice to the local emergency |
| 7 | medical services medical director; amending s. 768.1325, |
| 8 | F.S.; revising requirements for civil immunity for the use |
| 9 | or attempted use of a defibrillator on a victim of a |
| 10 | perceived medical emergency; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (2) of section 401.2915, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 401.2915 Automated external defibrillators.--It is the |
| 17 | intent of the Legislature that an automated external |
| 18 | defibrillator may be used by any person for the purpose of |
| 19 | saving the life of another person in cardiac arrest. In order to |
| 20 | achieve that goal, the Legislature intends to encourage training |
| 21 | in lifesaving first aid and set standards for and encourage the |
| 22 | use of automated external defibrillators. |
| 23 | (2) In order to promote ensure public health and safety: |
| 24 | (a) All persons who use an automated external |
| 25 | defibrillator are encouraged to must obtain appropriate |
| 26 | training, to include completion of a course in cardiopulmonary |
| 27 | resuscitation or successful completion of a basic first aid |
| 28 | course that includes cardiopulmonary resuscitation training, and |
| 29 | demonstrated proficiency in the use of an automated external |
| 30 | defibrillator. |
| 31 | (b) Any person or entity in possession of an automated |
| 32 | external defibrillator is encouraged to notify register with the |
| 33 | local emergency medical services medical director of the |
| 34 | existence and location of the automated external defibrillator. |
| 35 | (c) Any person who uses an automated external |
| 36 | defibrillator shall activate the emergency medical services |
| 37 | system as soon as possible upon use of the automated external |
| 38 | defibrillator. |
| 39 | Section 2. Subsection (3) of section 768.1325, Florida |
| 40 | Statutes, is amended to read: |
| 41 | 768.1325 Cardiac Arrest Survival Act; immunity from civil |
| 42 | liability.-- |
| 43 | (3) Notwithstanding any other provision of law to the |
| 44 | contrary, and except as provided in subsection (4), any person |
| 45 | who uses or attempts to use an automated external defibrillator |
| 46 | device on a victim of a perceived medical emergency, without |
| 47 | objection of the victim of the perceived medical emergency, is |
| 48 | immune from civil liability for any harm resulting from the use |
| 49 | or attempted use of such device. In addition, notwithstanding |
| 50 | any other provision of law to the contrary, and except as |
| 51 | provided in subsection (4), any person who acquired the device |
| 52 | and makes it available for use, including, but not limited to, a |
| 53 | community association organized under chapter 617, chapter 718, |
| 54 | chapter 719, chapter 720, chapter 721, or chapter 723, is immune |
| 55 | from such liability, if the harm was not due to the failure of |
| 56 | such person acquirer of the device to: |
| 57 | (a) Notify the local emergency medical services medical |
| 58 | director of the most recent placement of the device within a |
| 59 | reasonable period of time after the device was placed; |
| 60 | (a)(b) Properly maintain and test the device; or |
| 61 | (b)(c) Provide appropriate training in the use of the |
| 62 | device to an employee or agent of the acquirer when the employee |
| 63 | or agent was the person who used the device on the victim, |
| 64 | except that such requirement of training does not apply if: |
| 65 | 1. The device is equipped with audible, visual, or written |
| 66 | instructions on its use, including any such visual or written |
| 67 | instructions posted on or adjacent to the device; |
| 68 | 2.1. The employee or agent was not an employee or agent |
| 69 | who would have been reasonably expected to use the device; or |
| 70 | 3.2. The period of time elapsing between the engagement of |
| 71 | the person as an employee or agent and the occurrence of the |
| 72 | harm, or between the acquisition of the device and the |
| 73 | occurrence of the harm in any case in which the device was |
| 74 | acquired after engagement of the employee or agent, was not a |
| 75 | reasonably sufficient period in which to provide the training. |
| 76 | Section 3. This act shall take effect July 1, 2008. |