The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 717 |
REPRESENTATIVES VESPER-GARDNER-CAREY-HARRIS-PADGETT-COUGHLIN-
GARCIA-REID-THOMAS-BENDER-TAYLOR-LOGAN-TAVARES-CATES-FORD-
COLONNA-VAN VYVEN-OGG-OLMAN-WESTON-WHALEN-BRADING-
WACHTMANN-TERWILLEGER-SCHULER-WILLAMOWSKI-MOTTLEY-CORBIN-
BATEMAN-WINKLER-CLANCY-O'BRIEN-METZGER-SCHURING-MOTTL-
LAWRENCE-GOODMAN-SALERNO-MEAD-CORE-JOLIVETTE-HAINES-OPFER-
MILLER-ROBERTS-VERICH-JONES-HOUSEHOLDER-AMSTUTZ-EVANS-
WILSON-KRUPINSKI-WILLIAMS-HEALY-BRITTON-PRENTISS-JOHNSON-MYERS-
SENATORS DRAKE-WHITE-HERINGTON-WATTS-SHOEMAKER-OELSLAGER-MUMPER-
HOWARD-SCHAFRATH
A BILL
To enact sections 2305.235 and 3701.85 of the Revised Code to
authorize performance of automated external defibrillation and
provide civil
and criminal immunity and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2305.235 and 3701.85 of the Revised Code be enacted
to read as follows:
Sec. 2305.235. (A) AS USED IN THIS SECTION:
(1) "AUTOMATED
EXTERNAL DEFIBRILLATION" MEANS THE PROCESS OF APPLYING A
SPECIALIZED DEFIBRILLATOR TO A PERSON IN CARDIAC ARREST,
ALLOWING THE DEFIBRILLATOR TO INTERPRET THE CARDIAC RHYTHM, AND,
IF APPROPRIATE, DELIVERING AN ELECTRICAL SHOCK TO THE HEART TO
ALLOW IT TO RESUME EFFECTIVE ELECTRICAL ACTIVITY.
(2) "PHYSICIAN" HAS THE SAME MEANING AS IN SECTION 4765.01 OF
THE REVISED CODE.
(B) EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT,
NO PHYSICIAN SHALL BE HELD LIABLE IN CIVIL DAMAGES FOR INJURY,
DEATH, OR LOSS TO PERSON OR PROPERTY FOR PROVIDING A PRESCRIPTION FOR AN
AUTOMATED EXTERNAL DEFIBRILLATOR APPROVED FOR USE AS A MEDICAL
DEVICE BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION OR CONSULTING WITH A PERSON REGARDING THE USE AND
MAINTENANCE OF A DEFIBRILLATOR.
(C) EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT, NO PERSON
SHALL BE HELD LIABLE IN CIVIL DAMAGES FOR INJURY, DEATH, OR LOSS TO PERSON OR
PROPERTY FOR PROVIDING TRAINING IN AUTOMATED EXTERNAL DEFIBRILLATION AND
CARDIOPULMONARY RESUSCITATION.
(D) EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT OR WHEN
THERE IS NO GOOD FAITH ATTEMPT TO ACTIVATE AN EMERGENCY MEDICAL SERVICES
SYSTEM IN
ACCORDANCE WITH SECTION 3701.85 OF THE
REVISED
CODE, NO PERSON SHALL BE HELD
LIABLE IN CIVIL DAMAGES FOR INJURY, DEATH, OR LOSS TO PERSON OR
PROPERTY, OR HELD CRIMINALLY LIABLE, FOR PERFORMING AUTOMATED
EXTERNAL DEFIBRILLATION IN GOOD FAITH, REGARDLESS OF WHETHER THE
PERSON HAS OBTAINED APPROPRIATE TRAINING ON HOW TO PERFORM AUTOMATED
EXTERNAL DEFIBRILLATION OR SUCCESSFULLY COMPLETED A COURSE IN
CARDIOPULMONARY RESUSCITATION.
Sec. 3701.85. (A) AS
USED IN THIS SECTION:
(1) "AUTOMATED EXTERNAL DEFIBRILLATION" HAS THE SAME
MEANING AS IN SECTION 2305.235 OF THE
REVISED
CODE.
(2) "EMERGENCY MEDICAL SERVICES ORGANIZATION" HAS THE SAME MEANING
AS IN SECTION 4765.01 of the Revised Code.
(3) "EMERGENCY MEDICAL SERVICE PROVIDER" MEANS A PERSON
WHO IS AN "EMERGENCY MEDICAL TECHNICIAN-BASIC," "EMERGENCY
MEDICAL TECHNICIAN-INTERMEDIATE," "EMERGENCY MEDICAL
TECHNICIAN-PARAMEDIC," OR "FIRST RESPONDER" AS DEFINED IN
SECTION 4765.01 OF THE REVISED
CODE.
(4) "PHYSICIAN" HAS THE SAME MEANING AS IN SECTION
4765.01 OF THE REVISED
CODE.
(5) "REGISTERED NURSE" AND "LICENSED PRACTICAL NURSE"
HAVE THE SAME MEANINGS AS IN SECTION 4723.02 OF THE
REVISED
CODE.
(B) A PERSON WHO POSSESSES AN AUTOMATED EXTERNAL DEFIBRILLATOR
SHALL
DO ALL OF THE FOLLOWING:
(1) REQUIRE EXPECTED USERS TO COMPLETE SUCCESSFULLY A COURSE IN AUTOMATED
EXTERNAL DEFIBRILLATION AND CARDIOPULMONARY RESUSCITATION THAT
IS OFFERED OR APPROVED BY THE AMERICAN HEART ASSOCIATION OR
ANOTHER NATIONALLY RECOGNIZED ORGANIZATION;
(2) MAINTAIN AND TEST THE DEFIBRILLATOR ACCORDING TO THE
MANUFACTURER'S GUIDELINES;
(3) CONSULT WITH A PHYSICIAN REGARDING COMPLIANCE WITH THE
REQUIREMENTS OF DIVISIONS (B)(1) AND (2) OF THIS SECTION.
(C) A PERSON WHO POSSESSES AN AUTOMATED EXTERNAL
DEFIBRILLATOR MAY NOTIFY AN EMERGENCY MEDICAL SERVICES
ORGANIZATION OF THE LOCATION OF THE DEFIBRILLATOR.
(D) A PERSON WHO HAS
OBTAINED APPROPRIATE TRAINING ON HOW TO PERFORM AUTOMATED
EXTERNAL DEFIBRILLATION AND HAS SUCCESSFULLY COMPLETED A COURSE
IN CARDIOPULMONARY RESUSCITATION MAY PERFORM AUTOMATED EXTERNAL
DEFIBRILLATION, REGARDLESS OF WHETHER THE PERSON IS A PHYSICIAN,
REGISTERED NURSE, LICENSED PRACTICAL NURSE, OR EMERGENCY MEDICAL
SERVICE PROVIDER. WHEN AUTOMATED EXTERNAL DEFIBRILLATION IS NOT
PERFORMED AS PART OF AN EMERGENCY MEDICAL SERVICES SYSTEM OR AT
A HOSPITAL AS DEFINED IN SECTION 3727.01 of the Revised Code, AN
EMERGENCY MEDICAL SERVICES SYSTEM SHALL BE ACTIVATED AS SOON AS
POSSIBLE.
Section 2. This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for such necessity is that more widespread use of automated external
defibrillators will increase the chances of surviving sudden cardiac arrest.
Therefore, this act shall go into immediate effect.
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