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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
]]]] 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 osteopath13 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 scriptionshall 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 report28 any clinical use of the defibrillator to the prescribing physician. 29 (b) Any person or entity who acquires a defibrillator as a result of a30 prescriptionshall 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 andpossessed 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 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