As Re-referred to the Senate Civil Justice Committee

130th General Assembly Regular Session 2013-2014

Am. Sub. H. B. No. 247

Representative Stebelton 

Cosponsors: Representatives Huffman, Butler, Sears, Becker, Lynch, Antonio, Barnes, Bishoff, Brown, Carney, Schuring, Adams, R., Amstutz, Anielski, Beck, Blair, Boose, Buchy, Burkley, Celebrezze, DeVitis, Dovilla, Duffey, Green, Grossman, Hackett, Hagan, C., Hall, Hayes, Heard, Hill, Hottinger, Johnson, Landis, Maag, Mallory, McClain, Milkovich, O'Brien, Roegner, Rogers, Ruhl, Slaby, Smith, Sprague, Stinziano, Winburn Speaker Batchelder 

Senators Brown, Tavares 

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A BILL

To amend sections 2305.235 and 3701.85 of the Revised

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Code to make clear that any person may perform

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automated external defibrillation and to extend

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qualified immunity from civil liability to

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premises owners and other persons involved with

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automated external defibrillator placement and

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use.

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

Section 1. That sections 2305.235 and 3701.85 of the Revised	8
Code be amended to read as follows:	9

Sec. 2305.235.  (A) As used in this section:

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(1) "Automated external defibrillation" means the process of	11
applying a specialized defibrillator to a person in cardiac	12
arrest, allowing the defibrillator to interpret the cardiac	13
rhythm, and, if appropriate, delivering an electrical shock to the	14
heart to allow it to resume effective electrical activity.	15

(2) "Physician" has the same meaning as in section 4765.01 of	16
the Revised Code.	17

(B) Except in the case of willful or wanton misconduct, no	18
physician shall be held liable in civil damages for injury, death,	19
or loss to person or property for providing a prescription for an	20
automated external defibrillator approved for use as a medical	21
device by the United States food and drug administration or	22
consulting with a person regarding the use and maintenance of a	23
defibrillator.	24

(C) Except in the case of willful or wanton misconduct, no	25
person shall be held liable in civil damages for injury, death, or	26
loss to person or property for providingdoing any of the	27
following:	28

(1) Providing training in automated external defibrillation	29
and cardiopulmonary resuscitation;	30

(2) Authorizing, directing, or supervising the installation	31
or placement of an automated external defibrillator;	32

(3) Designing, managing, or operating a cardiopulmonary	33
resuscitation or automated external defibrillation program;	34

(4) Acquiring an automated external defibrillator;

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(5) Owning, managing, or having responsibility for a premises	36
or location where an automated external defibrillator has been	37
placed, as long as reasonable efforts are undertaken to maintain	38
the automated external defibrillator in accordance with the	39
manufacturer's specifications.	40

(D) Except in the case of willful or wanton misconduct or	41
when there is no good faith attempt to activate an emergency	42
medical services system in accordance with section 3701.85 of the	43
Revised Code, no person shall be held liable in civil damages for	44
injury, death, or loss to person or property, or held criminally	45
liable, for performing automated external defibrillation in good	46
faith, regardless of whether the person has obtained appropriate	47
training on how to perform automated external defibrillation or	48
successfully completed a course in cardiopulmonary resuscitation.	49

Sec. 3701.85.  (A) As used in this section:

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(1) "Automated external defibrillation" has the same meaning	51
as in section 2305.235 of the Revised Code.	52

(2) "Emergency medical services organization" has the same	53
meaning as in section 4765.01 of the Revised Code.	54

(3) "Emergency medical service provider" means a person who	55
is an "emergency medical technician-basic," "emergency medical	56
technician-intermediate," "emergency medical	57
technician-paramedic," or "first responder" as defined in section	58
4765.01 of the Revised Code.	59

(4) "Physician" has the same meaning as in section 4765.01 of	60
the Revised Code.	61

(5) "Registered nurse" and "licensed practical nurse" have	62
the same meanings as in section 4723.01 of the Revised Code.	63

(B) A person who possesses an automated external	64
defibrillator shall do allboth of the following:	65

(1) RequireEncourage expected users to complete successfully	66
a course in automated external defibrillation and cardiopulmonary	67
resuscitation that is offered or approved by the American heart	68
association or anothera nationally recognized organization and	69
includes instruction on psychomotor skills and national	70
evidence-based emergency cardiovascular guidelines that are	71
current;	72

(2) Maintain and test the defibrillator according to the	73
manufacturer's guidelines;	74

(3) Consult with a physician regarding compliance with the	75
requirements of divisions (B)(1) and (2) of this section.	76

(C) AIt is recommended, but not required, that a person who	77
possesses an automated external defibrillator may notify an	78
emergency medical services organization of the location of the	79
defibrillator.	80

(D) AAny person who has obtained appropriate training on how	81
to perform automated external defibrillation and has successfully	82
completed a course in cardiopulmonary resuscitation may perform	83
automated external defibrillation, regardless of whether the	84
person is a physician, registered nurse, licensed practical nurse,	85
or emergency medical service provider. WhenTraining in automated	86
external defibrillation and cardiopulmonary resuscitation is	87
recommended but not required.	88

A person who performs automated external defibrillation is	89
not performed as part of an emergency medical services system or	90
at a hospital as defined in section 3727.01 of the Revised Code,	91
shall make a good faith effort to activate or have another person	92
activate an emergency medical services system shall be activated	93
as soon as possible unless the person is performing automated	94
external defibrillation as part of an emergency medical services	95
system or at a hospital as defined in section 3727.01 of the	96
Revised Code.	97

Section 2. That existing sections 2305.235 and 3701.85 of the	98
Revised Code are hereby repealed.	99