As Passed by the House 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-SCHULER-WILLAMOWSKI-MOTTLEY-CORBIN- 11
BATEMAN-WINKLER-CLANCY-O'BRIEN-METZGER-SCHURING-MOTTL- 12
LAWRENCE-GOODMAN-SALERNO-MEAD-CORE-JOLIVETTE-HAINES-OPFER- 13
MILLER-ROBERTS-VERICH-JONES-HOUSEHOLDER-AMSTUTZ-EVANS- 14
WILSON-KRUPINSKI-WILLIAMS-HEALY-BRITTON-PRENTISS-JOHNSON-MYERS 15
18
A B I L L
To enact sections 2305.235 and 3701.85 of the 20
Revised Code to authorize performance of 21
automated external defibrillation and provide 22
civil and criminal immunity and to declare an 23
emergency. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 2305.235 and 3701.85 of the 28
Revised Code be enacted to read as follows: 29
Sec. 2305.235. (A) AS USED IN THIS SECTION: 31
(1) "AUTOMATED EXTERNAL DEFIBRILLATION" MEANS THE PROCESS 34
OF APPLYING A SPECIALIZED DEFIBRILLATOR TO A PERSON IN CARDIAC 35
ARREST, ALLOWING THE DEFIBRILLATOR TO INTERPRET THE CARDIAC 36
RHYTHM, AND, IF APPROPRIATE, DELIVERING AN ELECTRICAL SHOCK TO 37
THE HEART TO ALLOW IT TO RESUME EFFECTIVE ELECTRICAL ACTIVITY. 38
(2) "PHYSICIAN" HAS THE SAME MEANING AS IN SECTION 4765.01 40
OF THE REVISED CODE. 41
(B) EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT, NO 44
PHYSICIAN SHALL BE HELD LIABLE IN CIVIL DAMAGES FOR INJURY,
DEATH, OR LOSS TO PERSON OR PROPERTY FOR PROVIDING A PRESCRIPTION 45
2
FOR AN AUTOMATED EXTERNAL DEFIBRILLATOR APPROVED FOR USE AS A 46
MEDICAL DEVICE BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION 48
OR CONSULTING WITH A PERSON REGARDING THE USE AND MAINTENANCE OF 49
A DEFIBRILLATOR.
(C) EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT, NO 51
PERSON SHALL BE HELD LIABLE IN CIVIL DAMAGES FOR INJURY, DEATH, 52
OR LOSS TO PERSON OR PROPERTY FOR PROVIDING TRAINING IN AUTOMATED 53
EXTERNAL DEFIBRILLATION AND CARDIOPULMONARY RESUSCITATION. 54
(D) EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT OR 56
WHEN THERE IS NO GOOD FAITH ATTEMPT TO ACTIVATE AN EMERGENCY 57
MEDICAL SERVICES SYSTEM IN ACCORDANCE WITH SECTION 3701.85 OF THE 59
REVISED CODE, NO PERSON SHALL BE HELD LIABLE IN CIVIL DAMAGES FOR 62
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY, OR HELD CRIMINALLY 63
LIABLE, FOR PERFORMING AUTOMATED EXTERNAL DEFIBRILLATION IN GOOD 64
FAITH, REGARDLESS OF WHETHER THE PERSON HAS OBTAINED APPROPRIATE 65
TRAINING ON HOW TO PERFORM AUTOMATED EXTERNAL DEFIBRILLATION OR 66
SUCCESSFULLY COMPLETED A COURSE IN CARDIOPULMONARY RESUSCITATION. 67
Sec. 3701.85. (A) AS USED IN THIS SECTION: 70
(1) "AUTOMATED EXTERNAL DEFIBRILLATION" HAS THE SAME 72
MEANING AS IN SECTION 2305.235 OF THE REVISED CODE. 75
(2) "EMERGENCY MEDICAL SERVICES ORGANIZATION" HAS THE SAME 77
MEANING AS IN SECTION 4765.01 OF THE REVISED CODE. 78
(3) "EMERGENCY MEDICAL SERVICE PROVIDER" MEANS A PERSON 80
WHO IS AN "EMERGENCY MEDICAL TECHNICIAN-BASIC," "EMERGENCY 81
MEDICAL TECHNICIAN-INTERMEDIATE," "EMERGENCY MEDICAL 82
TECHNICIAN-PARAMEDIC," OR "FIRST RESPONDER" AS DEFINED IN SECTION 84
4765.01 OF THE REVISED CODE. 85
(4) "PHYSICIAN" HAS THE SAME MEANING AS IN SECTION 4765.01 88
OF THE REVISED CODE. 89
(5) "REGISTERED NURSE" AND "LICENSED PRACTICAL NURSE" HAVE 92
THE SAME MEANINGS AS IN SECTION 4723.02 OF THE REVISED CODE. 94
(B) A PERSON WHO POSSESSES AN AUTOMATED EXTERNAL 96
DEFIBRILLATOR SHALL DO ALL OF THE FOLLOWING: 98
(1) REQUIRE EXPECTED USERS TO COMPLETE SUCCESSFULLY A 100
3
COURSE IN AUTOMATED EXTERNAL DEFIBRILLATION AND CARDIOPULMONARY 101
RESUSCITATION THAT IS OFFERED OR APPROVED BY THE AMERICAN HEART 102
ASSOCIATION OR ANOTHER NATIONALLY RECOGNIZED ORGANIZATION; 103
(2) MAINTAIN AND TEST THE DEFIBRILLATOR ACCORDING TO THE 105
MANUFACTURER'S GUIDELINES; 106
(3) CONSULT WITH A PHYSICIAN REGARDING COMPLIANCE WITH THE 108
REQUIREMENTS OF DIVISIONS (B)(1) AND (2) OF THIS SECTION. 109
(C) A PERSON WHO POSSESSES AN AUTOMATED EXTERNAL 111
DEFIBRILLATOR MAY NOTIFY AN EMERGENCY MEDICAL SERVICES 112
ORGANIZATION OF THE LOCATION OF THE DEFIBRILLATOR. 113
(D) A PERSON WHO HAS OBTAINED APPROPRIATE TRAINING ON HOW 116
TO PERFORM AUTOMATED EXTERNAL DEFIBRILLATION AND HAS SUCCESSFULLY 117
COMPLETED A COURSE IN CARDIOPULMONARY RESUSCITATION MAY PERFORM 118
AUTOMATED EXTERNAL DEFIBRILLATION, REGARDLESS OF WHETHER THE 119
PERSON IS A PHYSICIAN, REGISTERED NURSE, LICENSED PRACTICAL 120
NURSE, OR EMERGENCY MEDICAL SERVICE PROVIDER. WHEN AUTOMATED 121
EXTERNAL DEFIBRILLATION IS NOT PERFORMED AS PART OF AN EMERGENCY 122
MEDICAL SERVICES SYSTEM OR AT A HOSPITAL AS DEFINED IN SECTION 123
3727.01 OF THE REVISED CODE, AN EMERGENCY MEDICAL SERVICES SYSTEM 124
SHALL BE ACTIVATED AS SOON AS POSSIBLE. 125
Section 2. This act is hereby declared to be an emergency 127
measure necessary for the immediate preservation of the public 128
peace, health, and safety. The reason for such necessity is that 129
more widespread use of automated external defibrillators will 130
increase the chances of surviving sudden cardiac arrest.
Therefore, this act shall go into immediate effect. 131