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| Georgia General Assembly |
HBill.html
LC 19 5037S
The
House Committee on Judiciary offers the following substitute to SB 51:
A BILL TO BE
ENTITLED
AN ACT
To amend Chapter 11 of Title 31 of the Official Code of
Georgia Annotated, relating to emergency medical services, so as to add
provisions regulating the use of automated external defibrillators by lay
rescuers; to amend Chapter 1 of Title 51 of the Official Code of Georgia
Annotated, relating to torts in general, so as to provide for immunity from
liability for persons engaged in activities relating to the use of automated
external defibrillators; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 11 of Title 31 of the Official Code of Georgia
Annotated, relating to emergency medical services, is amended by inserting
immediately after Code Section 31-11-53.1 a new Code Section 31-11-53.2 to read
as
follows:
"31-11-53.2.
(a)
As used in this Code section, the term 'lay rescuer' means a person trained to
provide cardiopulmonary resuscitation and to use an automatic external
defibrillator, as defined in Code Section 31-11-53.1, and who is participating
in a physician or medically authorized automated external defibrillator
program.
(b) The following guidelines shall be
applicable to the use of automated external defibrillators by lay
rescuers:
(1) Any person or entity who acquires an
automated external defibrillator shall ensure that:
(A)
Expected users of the automated external defibrillator receive American Heart
Association or American Red Cross training in cardiopulmonary resuscitation and
automated external defibrillator use or complete an equivalent nationally
recognized course;
(B) The defibrillator is maintained
and tested according to the manufacturer's operational
guidelines;
(C) There is involvement of a licensed
physician or other person authorized by the composite board in the site's
automated external defibrillator program to ensure compliance with requirements
for training, notification, and maintenance;
(D) Any
person who renders emergency care or treatment on a person in cardiac arrest by
using an automated external defibrillator activates the emergency medical
services system as soon as possible and reports any clinical use of the
automated external defibrillator to the licensed physician or other person
authorized by the composite board who is supervising the program;
and
(2) Any person or entity who acquires an automated
external defibrillator shall notify an agent of the emergency communications or
vehicle dispatch center of the existence, location, and type of automated
external
defibrillator."
SECTION 2.
Chapter 1 of Title 51 of the Official Code of Georgia
Annotated, relating to torts in general, is amended by inserting a new Code
Section 51-1-29.3 to read as
follows:
"51-1-29.3.
The
persons described in this Code section shall be immune from civil liability for
any act or omission to act related to the provision of emergency care or
treatment by the use of or provision of an automated external defibrillator, as
described in Code Sections 31-11-53.1 and 31-11-53.2, except that such immunity
shall not apply to an act of willful or wanton misconduct and shall not apply to
a person acting within the scope of a licensed profession if such person acts
with gross negligence. The immunity provided for in this Code section shall
extend to:
(1) Any person who gratuitously and in good
faith renders emergency care or treatment by the use of or provision of an
automated external defibrillator without objection of the person to whom care or
treatment is rendered;
(2) The owner or operator of
any premises or conveyance who installs or provides automated external
defibrillator equipment in or on such premises or
conveyance;
(3) Any physician or other medical
professional who authorizes, directs, or supervises the installation or
provision of automated external defibrillator equipment in or on any premises or
conveyance other than any medical facility as defined in paragraph (2) of Code
Section 31-7-1; and
(4) Any person who provides
training in the use of automated external defibrillator equipment as required by
subparagraph (b)(1)(A) of Code Section 31-11-53.1, whether compensated or not.
This Code section is not applicable to any training or instructions provided by
the manufacturer of the automated external defibrillator or to any claim for
failure to warn on the part of the manufacturer.
(5)
Nothing in this Code section shall be construed so as to provide immunity to the
manufacturer of any automated external defibrillator or off-premises automated
external defibrillator maintenance or service providers, nor shall it relieve
the manufacturer from any claim for product liability or failure to
warn."
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.