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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.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT 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