As Reported by the House Health, Retirement and Aging Committee   1            

122nd General Assembly                                             4            

   Regular Session                             Sub. 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-      9            

       COLONNA-VAN VYVEN-OGG-OLMAN-WESTON-WHALEN-BRADING-          10           

                      WACHTMANN-TERWILLEGER                        11           


                                                                   13           

                           A   B I L L                                          

             To enact sections 2305.235 and 3701.85 of the         15           

                Revised Code to authorize performance of           16           

                automated external defibrillation and provide      17           

                civil and criminal immunity and to declare an      18           

                emergency.                                         19           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That sections 2305.235 and 3701.85 of the        23           

Revised Code be enacted to read as follows:                        24           

      Sec. 2305.235.  (A)  AS USED IN THIS SECTION:                26           

      (1)  "AUTOMATED EXTERNAL DEFIBRILLATION" MEANS THE PROCESS   29           

OF APPLYING A SPECIALIZED DEFIBRILLATOR TO A PERSON IN CARDIAC     30           

ARREST, ALLOWING THE DEFIBRILLATOR TO INTERPRET THE CARDIAC        31           

RHYTHM, AND, IF APPROPRIATE, DELIVERING AN ELECTRICAL SHOCK TO     32           

THE HEART TO ALLOW IT TO RESUME EFFECTIVE ELECTRICAL ACTIVITY.     33           

      (2)  "PHYSICIAN" HAS THE SAME MEANING AS IN SECTION 4765.01  35           

OF THE REVISED CODE.                                               36           

      (B)  EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT, NO  39           

PHYSICIAN SHALL BE HELD LIABLE IN CIVIL DAMAGES FOR INJURY,                     

DEATH, OR LOSS TO PERSON OR PROPERTY FOR PROVIDING A PRESCRIPTION  40           

FOR AN AUTOMATED EXTERNAL DEFIBRILLATOR APPROVED FOR USE AS A      41           

MEDICAL DEVICE BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION   43           

OR CONSULTING WITH A PERSON REGARDING THE USE AND MAINTENANCE OF   44           

A DEFIBRILLATOR.                                                                

                                                          2      

                                                                 
      (C)  EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT, NO  46           

PERSON SHALL BE HELD LIABLE IN CIVIL DAMAGES FOR INJURY, DEATH,    47           

OR LOSS TO PERSON OR PROPERTY FOR PROVIDING TRAINING IN AUTOMATED  48           

EXTERNAL DEFIBRILLATION AND CARDIOPULMONARY RESUSCITATION.         49           

      (D)  EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT OR   51           

WHEN THERE IS NO GOOD FAITH ATTEMPT TO ACTIVATE AN EMERGENCY       52           

MEDICAL SERVICES SYSTEM IN ACCORDANCE WITH SECTION 3701.85 OF THE  54           

REVISED CODE, NO PERSON SHALL BE HELD LIABLE IN CIVIL DAMAGES FOR  57           

INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY, OR HELD CRIMINALLY   58           

LIABLE, FOR PERFORMING AUTOMATED EXTERNAL DEFIBRILLATION IN GOOD   59           

FAITH, REGARDLESS OF WHETHER THE PERSON HAS OBTAINED APPROPRIATE   60           

TRAINING ON HOW TO PERFORM AUTOMATED EXTERNAL DEFIBRILLATION OR    61           

SUCCESSFULLY COMPLETED A COURSE IN CARDIOPULMONARY RESUSCITATION.  62           

      Sec. 3701.85.  (A)  AS USED IN THIS SECTION:                 65           

      (1)  "AUTOMATED EXTERNAL DEFIBRILLATION" HAS THE SAME        67           

MEANING AS IN SECTION 2305.235 OF THE REVISED CODE.                70           

      (2)  "EMERGENCY MEDICAL SERVICES ORGANIZATION" HAS THE SAME  72           

MEANING AS IN SECTION 4765.01 OF THE REVISED CODE.                 73           

      (3)  "EMERGENCY MEDICAL SERVICE PROVIDER" MEANS A PERSON     75           

WHO IS AN "EMERGENCY MEDICAL TECHNICIAN-BASIC," "EMERGENCY         76           

MEDICAL TECHNICIAN-INTERMEDIATE," "EMERGENCY MEDICAL               77           

TECHNICIAN-PARAMEDIC," OR "FIRST RESPONDER" AS DEFINED IN SECTION  79           

4765.01 OF THE REVISED CODE.                                       80           

      (4)  "PHYSICIAN" HAS THE SAME MEANING AS IN SECTION 4765.01  83           

OF THE REVISED CODE.                                               84           

      (5)  "REGISTERED NURSE" AND "LICENSED PRACTICAL NURSE" HAVE  87           

THE SAME MEANINGS AS IN SECTION 4723.02 OF THE REVISED CODE.       89           

      (B)  A PERSON WHO POSSESSES AN AUTOMATED EXTERNAL            91           

DEFIBRILLATOR SHALL DO ALL OF THE FOLLOWING:                       93           

      (1)  REQUIRE EXPECTED USERS TO COMPLETE SUCCESSFULLY A       95           

COURSE IN AUTOMATED EXTERNAL DEFIBRILLATION AND CARDIOPULMONARY    96           

RESUSCITATION THAT IS OFFERED OR APPROVED BY THE AMERICAN HEART    97           

ASSOCIATION OR ANOTHER NATIONALLY RECOGNIZED ORGANIZATION;         98           

      (2)  MAINTAIN AND TEST THE DEFIBRILLATOR ACCORDING TO THE    100          

                                                          3      

                                                                 
MANUFACTURER'S GUIDELINES;                                         101          

      (3)  CONSULT WITH A PHYSICIAN REGARDING COMPLIANCE WITH THE  103          

REQUIREMENTS OF DIVISIONS (B)(1) AND (2) OF THIS SECTION.          104          

      (C)  A PERSON WHO POSSESSES AN AUTOMATED EXTERNAL            106          

DEFIBRILLATOR MAY NOTIFY AN EMERGENCY MEDICAL SERVICES             107          

ORGANIZATION OF THE LOCATION OF THE DEFIBRILLATOR.                 108          

      (D)  A PERSON WHO HAS OBTAINED APPROPRIATE TRAINING ON HOW   111          

TO PERFORM AUTOMATED EXTERNAL DEFIBRILLATION AND HAS SUCCESSFULLY  112          

COMPLETED A COURSE IN CARDIOPULMONARY RESUSCITATION MAY PERFORM    113          

AUTOMATED EXTERNAL DEFIBRILLATION, REGARDLESS OF WHETHER THE       114          

PERSON IS A PHYSICIAN, REGISTERED NURSE, LICENSED PRACTICAL        115          

NURSE, OR EMERGENCY MEDICAL SERVICE PROVIDER.  WHEN AUTOMATED      116          

EXTERNAL DEFIBRILLATION IS NOT PERFORMED AS PART OF AN EMERGENCY   117          

MEDICAL SERVICES SYSTEM OR AT A HOSPITAL AS DEFINED IN SECTION     118          

3727.01 OF THE REVISED CODE, AN EMERGENCY MEDICAL SERVICES SYSTEM  119          

SHALL BE ACTIVATED AS SOON AS POSSIBLE.                            120          

      Section 2.  This act is hereby declared to be an emergency   122          

measure necessary for the immediate preservation of the public     123          

peace, health, and safety.  The reason for such necessity is that  124          

more widespread use of automated external defibrillators will      125          

increase the chances of surviving sudden cardiac arrest.                        

Therefore, this act shall go into immediate effect.                126