As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 717 5
1997-1998 6
REPRESENTATIVES VESPER-GARDNER-CAREY-HARRIS-PADGETT-COUGHLIN- 8
GARCIA-REID-THOMAS-BENDER-TAYLOR-LOGAN-TAVARES-CATES-FORD-COLONNA 9
11
A B I L L
To enact sections 2305.235 and 3701.85 of the 13
Revised Code to authorize performance of 14
automated external defibrillation and provide 15
civil and criminal immunity. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 2305.235 and 3701.85 of the 20
Revised Code be enacted to read as follows: 21
Sec. 2305.235. AS USED IN THIS SECTION, "AUTOMATED 23
EXTERNAL DEFIBRILLATION" MEANS THE PROCESS OF APPLYING A 24
SPECIALIZED DEFIBRILLATOR TO A PERSON IN CARDIAC ARREST, ALLOWING 26
THE DEFIBRILLATOR TO INTERPRET THE CARDIAC RHYTHM, AND, IF 27
APPROPRIATE, DELIVERING AN ELECTRICAL SHOCK TO THE HEART TO ALLOW 28
IT TO RESUME EFFECTIVE ELECTRICAL ACTIVITY.
EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT OR WHEN 30
AN EMERGENCY MEDICAL SERVICES SYSTEM IS NOT ACTIVATED IN 31
ACCORDANCE WITH SECTION 3701.85 OF THE REVISED CODE, NO PERSON 34
SHALL BE HELD LIABLE IN CIVIL DAMAGES FOR INJURY, DEATH, OR LOSS 35
TO PERSON OR PROPERTY, OR HELD CRIMINALLY LIABLE, FOR PERFORMING 36
AUTOMATED EXTERNAL DEFIBRILLATION IN GOOD FAITH, REGARDLESS OF 37
WHETHER THE PERSON HAS OBTAINED APPROPRIATE TRAINING ON HOW TO 38
PERFORM AUTOMATED EXTERNAL DEFIBRILLATION OR SUCCESSFULLY 39
COMPLETED A COURSE IN CARDIOPULMONARY RESUSCITATION. 40
Sec. 3701.85. (A) AS USED IN THIS SECTION: 43
(1) "AUTOMATED EXTERNAL DEFIBRILLATION" HAS THE SAME 45
MEANING AS IN SECTION 2305.235 OF THE REVISED CODE. 48
2
(2) "EMERGENCY MEDICAL SERVICE PROVIDER" MEANS A PERSON 50
WHO IS AN "EMERGENCY MEDICAL TECHNICIAN-BASIC," "EMERGENCY 51
MEDICAL TECHNICIAN-INTERMEDIATE," "EMERGENCY MEDICAL 52
TECHNICIAN-PARAMEDIC," OR "FIRST RESPONDER" AS DEFINED IN SECTION 54
4765.01 OF THE REVISED CODE. 55
(3) "PHYSICIAN" HAS THE SAME MEANING AS IN SECTION 4765.01 58
OF THE REVISED CODE. 59
(4) "REGISTERED NURSE" AND "LICENSED PRACTICAL NURSE" HAVE 62
THE SAME MEANINGS AS IN SECTION 4723.02 OF THE REVISED CODE. 64
(B) A PERSON WHO HAS OBTAINED APPROPRIATE TRAINING ON HOW 67
TO PERFORM AUTOMATED EXTERNAL DEFIBRILLATION AND HAS SUCCESSFULLY 68
COMPLETED A COURSE IN CARDIOPULMONARY RESUSCITATION MAY PERFORM 69
AUTOMATED EXTERNAL DEFIBRILLATION, REGARDLESS OF WHETHER THE 70
PERSON IS A PHYSICIAN, REGISTERED NURSE, LICENSED PRACTICAL 71
NURSE, OR EMERGENCY MEDICAL SERVICE PROVIDER. WHEN AUTOMATED 72
EXTERNAL DEFIBRILLATION IS NOT PERFORMED AS PART OF AN EMERGENCY 73
MEDICAL SERVICES SYSTEM, AN EMERGENCY MEDICAL SERVICES SYSTEM 74
SHALL BE ACTIVATED AS SOON AS POSSIBLE. 75