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