SB 566 - Automated External Defibrillators - public access

First Reader Summary

A bill to amend Code Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to the automatic defibrillator program, so as to provide for easier public access to automated external defibrillators; to provide an effective date.

Page Numbers - 1/ 2/ 3/ 4

Code Sections - 31-11-53.1

SB 566 98                                            SB566/AP 
 
      SENATE BILL 566 
 
      By:  Senators Hill of the 4th, Thomas of the 54th, 
           Madden of the 47th and Middleton of the 50th 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 31-11-53.1 of the Official Code of 
  1- 2  Georgia Annotated, relating to the automatic defibrillator 
  1- 3  program, so as to provide for easier public access to 
  1- 4  automated external defibrillators; to provide an effective 
  1- 5  date; to repeal conflicting laws; and for other purposes. 
 
  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 7                           SECTION 1. 
 
  1- 8  Code Section 31-11-53.1 of the Official Code of Georgia 
  1- 9  Annotated, relating to the automatic defibrillator program, 
  1-10  is amended by striking in its entirety said Code section and 
  1-11  inserting in its place the following: 
 
  1-12    "31-11-53.1. 
 
  1-13    (a) As used in this Code section, the term: 
 
  1-14      (1) 'Automatic Automated external defibrillator' means a 
  1-15      defibrillator which: 
 
  1-16        (A) Is capable of cardiac rhythm analysis; 
 
  1-17        (B) Will charge and be capable of being activated to 
  1-18        deliver a countershock after electrically detecting 
  1-19        the presence of certain cardiac dysrhythmia 
  1-20        dysrhythmias; and 
 
  1-21        (C) Is capable of continuous recording of the cardiac 
  1-22        dysrhythmia at the scene with a mechanism for transfer 
  1-23        and storage or for printing for review subsequent to 
  1-24        use; and 
 
  1-25        (D) Is capable of producing a hard copy of the 
  1-26        electrocardiogram. 
 
  1-27      (2) 'Defibrillation' means to terminate atrial or 
  1-28      ventricular fibrillation. 
 
  1-29      (3) 'Designated first First responder' means an 
  1-30      individual who has successfully completed an appropriate 
  1-31      first responder course approved by the department and 
 
 
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  2- 1      otherwise meets the eligibility requirements set forth 
  2- 2      in this chapter any person or agency who provides 
  2- 3      on-site care until the arrival of a duly licensed 
  2- 4      ambulance service.  This shall include, but not be 
  2- 5      limited to, persons who routinely respond to calls for 
  2- 6      assistance through an affiliation with law enforcement 
  2- 7      agencies, fire suppression agencies, rescue agencies, 
  2- 8      and others. 
 
  2- 9    (b) It is the intent of the General Assembly that an 
  2-10    automated external defibrillator may be used by any person 
  2-11    for the purpose of saving the life of another person in 
  2-12    cardiac arrest.  In order to ensure public health and 
  2-13    safety: 
 
  2-14      (1) It is recommended that all persons who have access 
  2-15      to or use an automated external defibrillator obtain 
  2-16      appropriate training as set forth in the Rules and 
  2-17      Regulations of the Department of Human Resources Chapter 
  2-18      290-5-30.  It is further recommended that such training 
  2-19      include at a minimum the successful completion of: 
 
  2-20        (A) A nationally recognized health care 
  2-21        provider/professional rescuer level cardiopulmonary 
  2-22        resuscitation course; and 
 
  2-23        (B) A department established or approved course which 
  2-24        includes demonstrated proficiency in the use of an 
  2-25        automated external defibrillator; 
 
  2-26      (2) All persons and agencies possessing and maintaining 
  2-27      an automated external defibrillator shall notify the 
  2-28      appropriate emergency medical services system of the 
  2-29      existence and location of the automated external 
  2-30      defibrillator prior to said defibrillator being placed 
  2-31      in use; 
 
  2-32      (3) All persons who use an automated external 
  2-33      defibrillator shall activate the emergency medical 
  2-34      services system as soon as reasonably possible by 
  2-35      calling '911' or the appropriate emergency telephone 
  2-36      number upon use of the automated external defibrillator; 
  2-37      and 
 
  2-38      (4) Within a reasonable period of time, all persons who 
  2-39      use an automated external defibrillator shall make 
  2-40      available a printed or electronically stored report to 
  2-41      the licensed emergency medical services provider which 
  2-42      transports the patient. 
 
 
 
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  3- 1    (c) All persons who provide instruction to others in the 
  3- 2    use of the automated external defibrillator shall have 
  3- 3    completed an instructor course established or approved by 
  3- 4    the department. 
 
  3- 5    (b)(d) The department shall establish an automatic 
  3- 6    automated external defibrillator program for use by 
  3- 7    emergency medical technicians and designated first 
  3- 8    responders. Such program shall be subject to the direct 
  3- 9    supervision of a medical advisor adviser approved under 
  3-10    Code Section 31-11-50.  No emergency medical technician or 
  3-11    designated first responder shall be authorized to use an 
  3-12    automatic automated external defibrillator to defibrillate 
  3-13    a person unless that defibrillator is a properly 
  3-14    maintained automatic automated external defibrillator and 
  3-15    that emergency medical technician or designated first 
  3-16    responder: 
 
  3-17      (1) Submits to and has approved by the department an 
  3-18      application for such use, and in considering that 
  3-19      application the department may obtain and use the 
  3-20      recommendation of the local coordinating entity for the 
  3-21      health district in which the applicant will use such 
  3-22      defibrillator; 
 
  3-23      (2) Successfully completes an automatic automated 
  3-24      external defibrillator training program established or 
  3-25      approved by the department; 
 
  3-26      (3) Is subject to protocols requiring that both the 
  3-27      emergency physician which who receives a patient 
  3-28      defibrillated by that emergency medical technician or 
  3-29      designated first responder and the medical advisor 
  3-30      adviser for the defibrillator program review the 
  3-31      department required prehospital care report and any 
  3-32      other documentation of the defibrillation of any person 
  3-33      by that emergency medical technician or designated first 
  3-34      responder and send a written report of such review to 
  3-35      the district EMS medical director of the health district 
  3-36      in which the defibrillation occurred; and 
 
  3-37      (4) Obtains a passing score on an annual automatic 
  3-38      automated external defibrillator proficiency exam given 
  3-39      in connection with that program. 
 
  3-40    (e) It shall not be necessary for a licensed emergency 
  3-41    medical service, licensed neonatal transport service, or 
  3-42    other services licensed by the department which provide 
  3-43    care administered by cardiac technicians or paramedics to 
 
 
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  4- 1    obtain department approval for the use of an automated 
  4- 2    external defibrillator on licensed vehicles. 
 
  4- 3    (c)(f) Any emergency medical technician or designated 
  4- 4    first responder who violates the provisions of this Code 
  4- 5    section shall be subject to having revoked by the 
  4- 6    department that person's authority to use an automatic 
  4- 7    automated external defibrillator.  Such a violation shall 
  4- 8    also be grounds for any entity which issues a license or 
  4- 9    certificate authorizing such emergency medical technician 
  4-10    or designated first responder to perform emergency medical 
  4-11    services to take disciplinary action against such person, 
  4-12    including but not limited to suspension or revocation of 
  4-13    that license or certificate.  Such a violation shall also 
  4-14    be grounds for the employer of such emergency medical 
  4-15    technician or designated first responder to impose any 
  4-16    sanction available thereto, including but not limited to 
  4-17    dismissal. 
 
  4-18    (g) Any first responder who gratuitously and in good faith 
  4-19    renders emergency care or treatment by the use of or 
  4-20    provision of an automated external defibrillator, without 
  4-21    objection of the injured victim or victims thereof, shall 
  4-22    not be held liable for any civil damages as a result of 
  4-23    such care or treatment or as a result of any act or 
  4-24    failure to act in providing or arranging further medical 
  4-25    treatment where the person acts without gross negligence 
  4-26    or intent to harm or as an ordinary reasonably prudent 
  4-27    person would have acted under the same or similar 
  4-28    circumstances, even if such individual does so without 
  4-29    benefit of the appropriate training.  This provision 
  4-30    includes paid persons who extend care or treatment without 
  4-31    expectation of remuneration from the patient or victim for 
  4-32    receiving the defibrillation care or treatment." 
 
  4-33                           SECTION 2. 
 
  4-34  This Act shall become effective on July 1, 1998. 
 
  4-35                           SECTION 3. 
 
  4-36  All laws and parts of laws in conflict with this Act are 
  4-37  repealed. 
 
 
 
 
 
 
 
 
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