CS/HB 945

1	A bill to be entitled
2	An act relating to automated external defibrillators in
3	assisted living facilities; amending s. 429.255, F.S.;
4	requiring certain assisted living facilities to possess a
5	functioning automated external defibrillator; encouraging
6	an assisted living facility to register the location of
7	the automated external defibrillator with a local
8	emergency medical services medical director; providing
9	immunity from liability under the Good Samaritan Act and
10	the Cardiac Arrest Survival Act; authorizing the
11	Department of Elderly Affairs to adopt rules relating to
12	the use of automated external defibrillators; providing an
13	effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Present subsection (3) of section 429.255,
18	Florida Statutes, is renumbered as subsection (4) and amended,
19	and new subsections (3) and (5) are added to that section, to
20	read:
21	429.255  Use of personnel; emergency care.-
22	(3)(a)  An assisted living facility  licensed under this
23	part with 17 or more beds shall have on the premises at all
24	times a functioning automated external defibrillator as defined
25	in s. 768.1325(2)(b).
26	(b)  The facility is encouraged to register the location of
27	each automated external defibrillator with a local emergency
28	medical services medical director.
29	(c)  The provisions of ss. 768.13 and 768.1325 apply to
30	automated external defibrillators within the facility.
31	(4)(3)  Facility staff may withhold or withdraw
32	cardiopulmonary resuscitation or the use of an automated
33	external defibrillator if presented with an order not to
34	resuscitate executed pursuant to s. 401.45. The department shall
35	adopt rules providing for the implementation of such orders.
36	Facility staff and facilities shall not be subject to criminal
37	prosecution or civil liability, nor be considered to have
38	engaged in negligent or unprofessional conduct, for withholding
39	or withdrawing cardiopulmonary resuscitation or use of an
40	automated external defibrillator pursuant to such an order and
41	rules adopted by the department. The absence of an order to
42	resuscitate executed pursuant to s. 401.45 does not preclude a
43	physician from withholding or withdrawing cardiopulmonary
44	resuscitation or use of an automated external defibrillator as
45	otherwise permitted by law.
46	(5)  The Department of Elderly Affairs may adopt rules to
47	implement the provisions of this section relating to use of an
48	automated external defibrillator.
49	Section 2.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.