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Sub. H. B. No. 247 As Reported by the House Health and Aging CommitteeAs Reported by the House Health and Aging Committee
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Huffman, Butler, Sears, Becker, Lynch, Antonio, Barnes, Bishoff, Brown, Carney, Schuring
A BILL
To amend sections 2305.235 and 3701.85 of the Revised
Code to make clear that any person may perform
automated external defibrillation and to extend
qualified immunity from civil liability to
premises owners and other persons involved with
automated external defibrillator placement and
use.
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 amended 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 doing any of the
following:
(1) Providing training in automated external defibrillation
and cardiopulmonary resuscitation;
(2) Authorizing, directing, or supervising the installation
or placement of an automated external defibrillator;
(3) Designing, managing, or operating a cardiopulmonary
resuscitation or automated external defibrillation program;
(4) Acquiring an automated external defibrillator;
(5) Owning, managing, or having responsibility for a premises
or location where an automated external defibrillator has been
placed.
(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 4723.01 of the Revised Code.
(B) A person who possesses an automated external
defibrillator shall do all both of the following:
(1) Require Encourage 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 a nationally recognized organization and
includes instruction on psychomotor skills and national
evidence-based emergency cardiovascular guidelines that are
current;
(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 It is recommended, but not required, that a person who
possesses an automated external defibrillator may notify an
emergency medical services organization of the location of the
defibrillator.
(D) A Any 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 Training in automated
external defibrillation and cardiopulmonary resuscitation is
recommended but not required.
A person who performs 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,
shall make a good faith effort to activate or have another person
activate an emergency medical services system shall be activated
as soon as possible unless the person is performing automated
external defibrillation as part of an emergency medical services
system or at a hospital as defined in section 3727.01 of the
Revised Code.
Section 2. That existing sections 2305.235 and 3701.85 of the
Revised Code are hereby repealed.
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