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S1299.................................................by HEALTH AND WELFARE
DEFIBRILLATORS - Amends existing law to enumerate the persons to whom
limited legal immunity applies in using a defibrillator; and to provide
that no cause of action shall be maintained against the physician or
osteopath who wrote the prescription for the defibrillator if the
prescription was written in good faith.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 27-4-4
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram,
Kennedy, Keough, Little, Lodge, Marley, McWilliams, Noble, Noh,
Pearce, Richardson, Schroeder, Sorensen, Stegner
NAYS -- Burkett, Davis, Malepeai, McKenzie
Absent and excused -- Stennett, Sweet, Werk, Williams
Floor Sponsor - Compton
Title apvd - to House
02/27 House intro - 1st rdg - to Health/Wel
03/05 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 69-1-0
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
Speaker
NAYS -- Smith(24)
Absent and excused -- None
Floor Sponsor - Cuddy
Title apvd - to Senate
03/10 To enrol
03/11 Rpt enrol - Pres signed
03/12 Sp signed
03/15 To Governor
03/19 Governor signed
Session Law Chapter 129
Effective: 03/19/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1299
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO IMMUNITY FOR THE USE OF DEFIBRILLATORS; AMENDING SECTION 5-337,
3 IDAHO CODE, TO ENUMERATE WHICH PERSONS TO WHOM LIMITED LEGAL IMMUNITY
4 APPLIES IN USING A DEFIBRILLATOR, TO PROVIDE A CORRECT CODE REFERENCE AND
5 TO PROVIDE THAT NO CAUSE OF ACTION SHALL BE MAINTAINED AGAINST THE PHYSI-
6 CIAN OR OSTEOPATH WHO WROTE THE PRESCRIPTION FOR THE DEFIBRILLATOR IF THE
7 PRESCRIPTION WAS WRITTEN IN GOOD FAITH; AND DECLARING AN EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 5-337, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 5-337. IMMUNITY FOR USE OF AUTOMATED EXTERNAL DEFIBRILLATOR (AED). (1) As
12 used in this section, "defibrillator" means an "automated external
13 defibrillator (AED)" which has been prescribed by a physician or osteopath
14 licensed pursuant to chapter 18, title 54, Idaho Code.
15 (2) In order to promote public health and safety:
16 (a) A person or entity who acquires a defibrillator as a result of a pre-
17 scription shall ensure that:
18 (i) Expected defibrillator users receive training in its use and
19 care equivalent to the CPR and AED training of the American heart
20 association, the American red cross or similar entities;
21 (ii) The defibrillator is maintained and tested according to the
22 manufacturer's operational guidelines;
23 (iii) There is involvement of a licensed physician in the site's pro-
24 gram to ensure compliance with requirements for training, notifica-
25 tion, maintenance and guidelines for use;
26 (iv) Any person who renders emergency care or treatment to a person
27 in cardiac arrest by using a defibrillator must activate the emer-
28 gency medical services system as soon as possible, and must report
29 any clinical use of the defibrillator to the prescribing physician.
30 (b) Any person or entity who acquires a defibrillator as a result of a
31 prescription shall notify an agent of the emergency communications system
32 or emergency vehicle dispatch center of the existence, location and type
33 of defibrillator.
34 (3) No cause of action shall be maintained against a licensed physician,
35 osteopath, physician assistant, nurse practitioner, or nurse, or against an
36 emergency medical technician, fireman, peace officer, ambulance attendant or
37 other person trained to use a defibrillator which arises from the good faith
38 use of a defibrillator in an emergency setting and no cause of action shall be
39 maintained against the physician or osteopath who wrote the prescription for
40 the defibrillator if the prescription was written in good faith. This immunity
41 from civil liability does not apply if the acts or omissions amount to gross
42 negligence or willful or wanton misconduct.
43 (4) A defibrillator acquired pursuant to a prescription and possessed in
2
1 compliance with subsection (2) of this section is exempt from the provisions
2 of chapter 10, title 3956, Idaho Code.
3 SECTION 2. An emergency existing therefor, which emergency is hereby
4 declared to exist, this act shall be in full force and effect on and after its
5 passage and approval.
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STATEMENT OF PURPOSE
RS 13731C1
The purpose of this legislation is to clarify that the Medical
Professional Training Defibrillator Operator is released from all
liability due to providing the necessary training and prescription to
the operator.
This legislation will give the Training Professional the same lawful
protection now granted to the Operator.
FISCAL IMPACT
There is no fiscal impact.
Contact
Name: Representative Chuck Cuddy
Representative Mike Naccarato
Representative Shirley Ringo
Representative Tom Trail
Senator Skip Brandt
Phone: 332-1332
STATEMENT OF PURPOSE/FISCAL NOTE S 1299