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.
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
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
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.
There will be no fiscal impact on the General Fund.
Name: Representative Tom Trail
STATEMENT OF PURPOSE/FISCAL NOTE H 575