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S1185aaH..............................................by HEALTH AND WELFARE
DEFIBRILLATORS - Adds to existing law to define an "automated external
defibrillator (AED)"; to prescribe conditions governing the use of an AED;
and to provide immunity to persons who use the AED in an emergency
situation.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Health/Wel
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Branch, Crow
Floor Sponsor - Riggs
Title apvd - to House
02/25 House intro - 1st rdg - to Health/Wel
03/09 Rpt out - to Gen Ord
03/10 Rpt out amen - to 1st rdg as amen
03/11 1st rdg - to 2nd rdg as amen
03/12 2nd rdg - to 3rd rdg as amen
Rules susp - PASSED - 55-0-15
AYES -- Alltus, Barraclough(Barraclough), Bell, Bieter, Black, Boe,
Bruneel, Callister, Chase, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Henbest,
Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
Limbaugh, Linford, Mader, Marley, McKague, Montgomery, Mortensen,
Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Stevenson, Stoicheff, Stone, Tippets, Watson,
Wheeler, Williams, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Barrett, Campbell, Clark, Crow, Cuddy, Gould,
Hansen(29), Loertscher, Meyer, Smith, Smylie, Taylor, Tilman, Trail,
Wood
Floor Sponsor - Henbest
Title apvd - to Senate
03/15 Senate concurred in House amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Riggs
Title apvd - to enrol
03/17 Rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/25 Governor signed
Session Law Chapter 351
Effective: 03/25/99
S1185|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1185, As Amended in the House BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR; AMENDING CHAPTER 3, 3 TITLE 5, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5-337, IDAHO CODE, 4 TO DEFINE AN AUTOMATED EXTERNAL DEFIBRILLATOR, TO PRESCRIBE THE CONDITIONS 5 FOR USE AND TO PROVIDE IMMUNITY TO PERSONS WHO COMPLY WITH THE REQUIRE- 6 MENTS OF THIS SECTION IN USING A DEFIBRILLATOR IN AN EMERGENCY; AND 7 DECLARING AN EMERGENCY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 3, Title 5, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION , to be 11 known and designated as Section 5-337, Idaho Code, and to read as follows: 12 5-337. IMMUNITY FOR USE OF AUTOMATED EXTERNAL DEFIBRILLATOR (AED). 13 (1) As used in this section, "defibrillator" means an "automated external 14 defibrillator (AED)" which has been prescribed by a physician or osteopath 15 licensed pursuant to chapter 18, title 54, Idaho Code. 16 (2) In order to promote public health and safety: 17 (a) A person or entity who acquires a defibrillator as a result of a pre- 18 scription shall ensure that: 19 (i) Expected defibrillator users receive training in its use and 20 care equivalent to the CPR and AED training of the American heart 21 association, the American red cross or similar entities; 22 (ii) The defibrillator is maintained and tested according to the 23 manufacturer's operational guidelines; 24 (iii) There is involvement of a licensed physician in the site's pro- 25 gram to ensure compliance with requirements for training, notifica- 26 tion, maintenance and guidelines for use; 27 (iv) Any person who renders emergency care or treatment to a person 28 in cardiac arrest by using a defibrillator must activate the emer- 29 gency medical services system as soon as possible, and must report 30 any clinical use of the defibrillator to the prescribing physician. 31 (b) Any person or entity who acquires a defibrillator as a result of a 32 prescription shall notify an agent of the emergency communications system 33 or emergency vehicle dispatch center of the existence, location and type 34 of defibrillator. 35 (3) No cause of action shall be maintained which arises from the good 36 faith use of a defibrillator in an emergency setting. This immunity from civil 37 liability does not apply if the acts or omissions amount to gross negligence 38 or willful or wanton misconduct. 39 (4) A defibrillator acquired pursuant to a prescription and possessed in 40 compliance with subsection (2) of this section is exempt from the provisions 41 of chapter 1, title 39, Idaho Code. 42 SECTION 2. An emergency existing therefor, which emergency is hereby 1 declared to exist, this act shall be in full force and effect on and after its 2 passage and approval.
STATEMENT OF PURPOSE
RS09063
Currently many people die unexpectedly from heart attack.
Statistics show that when the heart stops beating, treatment
must be initiated within 4 minutes or permanent damage or
death will likely occur. It is very difficult for paramedics
to arrive on the scene within this time frame. In many public
and private areas, however, newly developed Automatic External
Defibrillators could be used within this time frame, with
minimal training .
Computer technology has advanced so rapidly, that these new
Automatic Defibrillators are actually able to interpret heart
beat irregularity with as much accuracy as many Health Care
Providers and automatically deliver a life-saving shock.
This bill would allow the use of this high-tech equipment and
grants the user good Samaritan protection.
FISCAL NOTE
There would be no fiscal impact to the general fund.
CONTACT: Senator Jack Riggs 332-1341
STATEMENT OF PURPOSE/ FISCAL NOTE S1185