As Passed by the Senate 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
SENATORS DRAKE-WHITE-HERINGTON-WATTS-SHOEMAKER-OELSLAGER-MUMPER- 16
HOWARD-SCHAFRATH 17
_________________________________________________________________ 19
A B I L L
To enact sections 2305.235 and 3701.85 of the 21
Revised Code to authorize performance of 22
automated external defibrillation and provide 23
civil and criminal immunity and to declare an 24
emergency. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 2305.235 and 3701.85 of the 29
Revised Code be enacted to read as follows: 30
Sec. 2305.235. (A) AS USED IN THIS SECTION: 32
(1) "AUTOMATED EXTERNAL DEFIBRILLATION" MEANS THE PROCESS 35
OF APPLYING A SPECIALIZED DEFIBRILLATOR TO A PERSON IN CARDIAC 36
ARREST, ALLOWING THE DEFIBRILLATOR TO INTERPRET THE CARDIAC 37
RHYTHM, AND, IF APPROPRIATE, DELIVERING AN ELECTRICAL SHOCK TO 38
THE HEART TO ALLOW IT TO RESUME EFFECTIVE ELECTRICAL ACTIVITY. 39
(2) "PHYSICIAN" HAS THE SAME MEANING AS IN SECTION 4765.01 41
OF THE REVISED CODE. 42
(B) EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT, NO 45
2
PHYSICIAN SHALL BE HELD LIABLE IN CIVIL DAMAGES FOR INJURY,
DEATH, OR LOSS TO PERSON OR PROPERTY FOR PROVIDING A PRESCRIPTION 46
FOR AN AUTOMATED EXTERNAL DEFIBRILLATOR APPROVED FOR USE AS A 47
MEDICAL DEVICE BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION 49
OR CONSULTING WITH A PERSON REGARDING THE USE AND MAINTENANCE OF 50
A DEFIBRILLATOR.
(C) EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT, NO 52
PERSON SHALL BE HELD LIABLE IN CIVIL DAMAGES FOR INJURY, DEATH, 53
OR LOSS TO PERSON OR PROPERTY FOR PROVIDING TRAINING IN AUTOMATED 54
EXTERNAL DEFIBRILLATION AND CARDIOPULMONARY RESUSCITATION. 55
(D) EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT OR 57
WHEN THERE IS NO GOOD FAITH ATTEMPT TO ACTIVATE AN EMERGENCY 58
MEDICAL SERVICES SYSTEM IN ACCORDANCE WITH SECTION 3701.85 OF THE 60
REVISED CODE, NO PERSON SHALL BE HELD LIABLE IN CIVIL DAMAGES FOR 63
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY, OR HELD CRIMINALLY 64
LIABLE, FOR PERFORMING AUTOMATED EXTERNAL DEFIBRILLATION IN GOOD 65
FAITH, REGARDLESS OF WHETHER THE PERSON HAS OBTAINED APPROPRIATE 66
TRAINING ON HOW TO PERFORM AUTOMATED EXTERNAL DEFIBRILLATION OR 67
SUCCESSFULLY COMPLETED A COURSE IN CARDIOPULMONARY RESUSCITATION. 68
Sec. 3701.85. (A) AS USED IN THIS SECTION: 71
(1) "AUTOMATED EXTERNAL DEFIBRILLATION" HAS THE SAME 73
MEANING AS IN SECTION 2305.235 OF THE REVISED CODE. 76
(2) "EMERGENCY MEDICAL SERVICES ORGANIZATION" HAS THE SAME 78
MEANING AS IN SECTION 4765.01 OF THE REVISED CODE. 79
(3) "EMERGENCY MEDICAL SERVICE PROVIDER" MEANS A PERSON 81
WHO IS AN "EMERGENCY MEDICAL TECHNICIAN-BASIC," "EMERGENCY 82
MEDICAL TECHNICIAN-INTERMEDIATE," "EMERGENCY MEDICAL 83
TECHNICIAN-PARAMEDIC," OR "FIRST RESPONDER" AS DEFINED IN SECTION 85
4765.01 OF THE REVISED CODE. 86
(4) "PHYSICIAN" HAS THE SAME MEANING AS IN SECTION 4765.01 89
OF THE REVISED CODE. 90
(5) "REGISTERED NURSE" AND "LICENSED PRACTICAL NURSE" HAVE 93
THE SAME MEANINGS AS IN SECTION 4723.02 OF THE REVISED CODE. 95
(B) A PERSON WHO POSSESSES AN AUTOMATED EXTERNAL 97
3
DEFIBRILLATOR SHALL DO ALL OF THE FOLLOWING: 99
(1) REQUIRE EXPECTED USERS TO COMPLETE SUCCESSFULLY A 101
COURSE IN AUTOMATED EXTERNAL DEFIBRILLATION AND CARDIOPULMONARY 102
RESUSCITATION THAT IS OFFERED OR APPROVED BY THE AMERICAN HEART 103
ASSOCIATION OR ANOTHER NATIONALLY RECOGNIZED ORGANIZATION; 104
(2) MAINTAIN AND TEST THE DEFIBRILLATOR ACCORDING TO THE 106
MANUFACTURER'S GUIDELINES; 107
(3) CONSULT WITH A PHYSICIAN REGARDING COMPLIANCE WITH THE 109
REQUIREMENTS OF DIVISIONS (B)(1) AND (2) OF THIS SECTION. 110
(C) A PERSON WHO POSSESSES AN AUTOMATED EXTERNAL 112
DEFIBRILLATOR MAY NOTIFY AN EMERGENCY MEDICAL SERVICES 113
ORGANIZATION OF THE LOCATION OF THE DEFIBRILLATOR. 114
(D) A PERSON WHO HAS OBTAINED APPROPRIATE TRAINING ON HOW 117
TO PERFORM AUTOMATED EXTERNAL DEFIBRILLATION AND HAS SUCCESSFULLY 118
COMPLETED A COURSE IN CARDIOPULMONARY RESUSCITATION MAY PERFORM 119
AUTOMATED EXTERNAL DEFIBRILLATION, REGARDLESS OF WHETHER THE 120
PERSON IS A PHYSICIAN, REGISTERED NURSE, LICENSED PRACTICAL 121
NURSE, OR EMERGENCY MEDICAL SERVICE PROVIDER. WHEN AUTOMATED 122
EXTERNAL DEFIBRILLATION IS NOT PERFORMED AS PART OF AN EMERGENCY 123
MEDICAL SERVICES SYSTEM OR AT A HOSPITAL AS DEFINED IN SECTION 124
3727.01 OF THE REVISED CODE, AN EMERGENCY MEDICAL SERVICES SYSTEM 125
SHALL BE ACTIVATED AS SOON AS POSSIBLE. 126
Section 2. This act is hereby declared to be an emergency 128
measure necessary for the immediate preservation of the public 129
peace, health, and safety. The reason for such necessity is that 130
more widespread use of automated external defibrillators will 131
increase the chances of surviving sudden cardiac arrest.
Therefore, this act shall go into immediate effect. 132