2004 Legislation
Print Friendly

HOUSE BILL NO. 575 – Defibrillator use, immunity

HOUSE BILL NO. 575

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0575..............................................................by TRAIL
DEFIBRILLATORS - Amends existing law relating to immunity for the use of
defibrillators to revise a definition; and to remove references to
defibrillators acquired pursuant to a prescription.
                                                                        
01/28    House intro - 1st rdg - to printing
01/29    Rpt prt - to Health/Wel

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 575
                                                                        
                                          BY TRAIL
                                                                        
  1                                        AN ACT
  2    RELATING TO IMMUNITY FOR THE USE OF DEFIBRILLATORS;  AMENDING  SECTION  5-337,
  3        IDAHO  CODE, TO REVISE THE DEFINITION OF "DEFIBRILLATOR," TO REMOVE REFER-
  4        ENCES TO DEFIBRILLATORS ACQUIRED PURSUANT TO A PRESCRIPTION, TO REMOVE THE
  5        REQUIREMENT TO REPORT THE CLINICAL USE OF A DEFIBRILLATOR TO A PRESCRIBING
  6        PHYSICIAN AND TO PROVIDE A CORRECT CODE REFERENCE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 5-337, Idaho Code, be, and  the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        5-337.  IMMUNITY FOR USE OF AUTOMATED EXTERNAL DEFIBRILLATOR (AED). (1) As
 11    used   in   this   section,   "defibrillator"  means  an  "automated  external
 12    defibrillator (AED)." which has been prescribed by a  physician  or  osteopath
 13    licensed pursuant to chapter 18, title 54, Idaho Code.
 14        (2)  In order to promote public health and safety:
 15        (a)  A person or entity who acquires a defibrillator as a result of a pre-
 16        scription shall ensure that:
 17             (i)   Expected  defibrillator  users  receive training in its use and
 18             care equivalent to the CPR and AED training  of  the  American  heart
 19             association, the American red cross or similar entities;
 20             (ii)  The  defibrillator  is  maintained  and tested according to the
 21             manufacturer's operational guidelines;
 22             (iii) There is involvement of a licensed physician in the site's pro-
 23             gram to ensure compliance with requirements for  training,  notifica-
 24             tion, maintenance and guidelines for use;
 25             (iv)  Any  person who renders emergency care or treatment to a person
 26             in cardiac arrest by using a defibrillator must  activate  the  emer-
 27             gency  medical  services  system as soon as possible, and must report
 28             any clinical use of the defibrillator to the prescribing physician.
 29        (b)  Any person or entity who acquires a defibrillator as a  result  of  a
 30        prescription  shall notify an agent of the emergency communications system
 31        or emergency vehicle dispatch center of the existence, location  and  type
 32        of defibrillator.
 33        (3)  No  cause  of  action  shall be maintained which arises from the good
 34    faith use of a defibrillator in an emergency setting. This immunity from civil
 35    liability does not apply if the acts or omissions amount to  gross  negligence
 36    or willful or wanton misconduct.
 37        (4)  A  defibrillator acquired pursuant to a prescription and possessed in
 38    compliance with subsection (2) of this section is exempt from  the  provisions
 39    of chapter 10, title 3956, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13655C1
This proposed legislation relates to immunity for the use of
defibrillators; amending Section 5-337, Idaho Code, to revise the
definition of "Defibrillator," to remove references to
defibrillators acquired pursuant to a prescription, to remove the
requirement to report the clinical use of a defibrillator to a
prescribing physician and to provide a correct code reference.
                          FISCAL IMPACT
There will be no fiscal impact on the General Fund.


Contact
Name: Representative Tom Trail 
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                     H 575