SCS/SB 692 - This act modifies provisions of the Public Access to Automated External Defibrillator Act. Under current law, persons or entities that have acquired an automated external defibrillator are required to ensure that: (1) expected users receive training from the American Red Cross, American Heart Association, or other equivalent training course; (2) the defibrillator is maintained and tested according to the manufacturer's operational guidelines; (3) the user activates the emergency medical services system as soon as possible; and (4) person or entity placing a defibrillator outside of a health care facility has a physician review and approve the protocol and training. This act repeals these provisions and requires that a person or entity who acquires an automated external defibrillator to do the following: (1) comply with all regulations governing placement of the defibrillator; (2) ensure that the defibrillator is maintained and tested to the manufacturer's guidelines; (3) ensure that testing of the defibrillator occurs at least every 2 years and after each use; and (4) ensure that an inspection of all defibrillators on the premises is made every 90 days.
Currently, a person who gratuitously and in good faith renders emergency care through the use or provision of an automated external defibrillator shall not be held liable for any civil damages, unless he or she acted in a willful and wanton or reckless manner. This act extends this immunity to criminal penalties. Additionally, a person who or entity that provides training, owns the defibrillator, or is responsible for the site where the defibrillator is located shall likewise not be held liable. This act repeals such immunity for the person or entity that provided the clinical protocol for the sites or programs and for the licensed physician who reviews and approved the clinical protocol.
Finally, this act requires any training or course in cardiopulmonary resuscitation to include instruction in the proper use of an automated external defibrillator.
This act is identical to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020) and SCS/HB 1383 (2020) and similar provisions in HCS/SS/SCS/SB 600 (2020), HCS/SS#2/SCS/SB 523 (2020), HCS/HB 1460 (2020), SB 423 (2019), and provisions in HCS/SS/SB 145 (2019), HCS/SB 333 (2019), HCS/SCS/SB 363 (2019), SS#3/SCS/HB 113 (2019), and HB 1038 (2019).
SARAH HASKINS