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S1420aa..............................................by JUDICIARY AND RULES
AUTOMATED EXTERNAL DEFIBRILLATOR - Amends existing law to revise the
requirements for those persons or entities acquiring a defibrillator as a
result of a prescription; to provide immunity for any civil actions
resulting from certain reasonable acts or omissions; and immunities.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Jud
02/26 Rpt out - to 14th Ord
02/28 Rpt out amen - to engros
02/29 Rpt engros - 1st rdg - to 2nd rdg as amen
03/03 2nd rdg - to 3rd rdg as amen
03/04 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Keough
Title apvd - to House
03/05 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 64-0-6
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Jaquet, Killen, King, Kren, Lake, LeFavour,
Loertscher, Luker, Marriott, McGeachin, Mortimer, Moyle, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Ruchti,
Rusche, Sayler, Shepherd(02), Shepherd(08), Shirley, Shively,
Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Trail,
Vander Woude, Wills, Wood(27), Mr. Speaker
NAYS -- None
Absent and excused -- Henderson, Labrador, Mathews, Roberts,
Schaefer, Wood(35)
Floor Sponsor - Mortimer
Title apvd - to Senate
03/20 To enrol - Rpt enrol - Pres signed
03/21 Sp signed
03/24 To Governor
03/28 Governor signed
Session Law Chapter 299
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1420 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO IMMUNITY FOR USE OF AUTOMATED EXTERNAL DEFIBRILLATOR; AMENDING 3 SECTION 5-337, IDAHO CODE, TO REVISE THE REQUIREMENTS FOR THOSE PERSONS OR 4 ENTITIES WHO ACQUIRE A DEFIBRILLATOR AS A RESULT OF A PRESCRIPTION, TO 5 PROVIDE IMMUNITY FOR ANY CIVIL DAMAGES RESULTING FROM CERTAIN GOOD FAITH 6 ACTS OR OMISSIONS, AND TO REVISE NONAPPLICABILITY OF AN IMMUNITY. 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 by the owner accord- 21 ing to the manufacturer's operational guidelines; 22 (iii) There is involvement of a licensed physician in thesite's23 owner's program to ensure compliance with requirements for training, 24 notification, 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) Any person who in good faith renders emergency care using a 34 defibrillator, without remuneration or expectation of remuneration, at the 35 scene of an accident or emergency to a victim of the accident or emergency 36 shall not be liable for any civil damages resulting from the person's acts or 37 omissions. No cause of action shall be maintained against a licensed physi- 38 cian, osteopath, physician assistant, nurse practitioner, or nurse, or against 39 an emergency medical technician, fireman, peace officer, ambulance attendant 40 or other person trained to use a defibrillator, or against a person or entity 41 who acquires or maintains a defibrillator which arises from the good faith use 42 of a defibrillator in an emergency setting and no cause of action shall be 43 maintained against the physician or osteopath who wrote the prescription for 2 1 the defibrillator if the prescription was written in good faith. This immunity 2 from civil liability does not apply if the acts or omissionsamounts to gross 3 negligence or willfulor wantonmisconduct. 4 (4) A defibrillator acquired pursuant to a prescription and possessed in 5 compliance with subsection (2) of this section is exempt from the provisions 6 of chapter 10, title 56, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Davis Seconded by Keough IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1420 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 33, following "(3)" insert: "(a)"; 3 and also in line 33, delete "in good faith" and insert: "reasonably"; delete 4 line 37, and insert: "omissions. 5 (b) No cause of action shall be maintained against a licensed physi-"; 6 and in line 41, delete "good faith" and insert: "good faithreasonable". 7 On page 2, delete lines 1 through 3 and insert: "the defibrillator if the 8 prescription was written in good faith. 9 (c) This immunity from civil liability does not apply if the acts or 10 omission amount to gross negligence or willful or wanton or reckless mis- 11 conduct. 12 (d) The protection afforded within paragraph (a) of this subsection is 13 applicable to a person or entity who acquires or maintains a defibrillator 14 if such person or entity complies with the maintenance requirements set 15 forth in subsection (2)(a)(ii) of this section.". 16 CORRECTIONS TO TITLE 17 On page 1, in line 5, delete "GOOD FAITH" and insert: "REASONABLE"; and in 18 line 6, delete "NONAPPLICABILITY OF AN IMMUNITY" and insert: "IMMUNITIES".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1420, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO IMMUNITY FOR USE OF AUTOMATED EXTERNAL DEFIBRILLATOR; AMENDING 3 SECTION 5-337, IDAHO CODE, TO REVISE THE REQUIREMENTS FOR THOSE PERSONS OR 4 ENTITIES WHO ACQUIRE A DEFIBRILLATOR AS A RESULT OF A PRESCRIPTION, TO 5 PROVIDE IMMUNITY FOR ANY CIVIL DAMAGES RESULTING FROM CERTAIN REASONABLE 6 ACTS OR OMISSIONS, AND TO REVISE IMMUNITIES. 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 by the owner accord- 21 ing to the manufacturer's operational guidelines; 22 (iii) There is involvement of a licensed physician in thesite's23 owner's program to ensure compliance with requirements for training, 24 notification, 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) (a) Any person who reasonably renders emergency care using a 34 defibrillator, without remuneration or expectation of remuneration, at the 35 scene of an accident or emergency to a victim of the accident or emergency 36 shall not be liable for any civil damages resulting from the person's acts or 37 omissions. 38 (b) No cause of action shall be maintained against a licensed physician, 39 osteopath, physician assistant, nurse practitioner, or nurse, or against 40 an emergency medical technician, fireman, peace officer, ambulance atten- 41 dant or other person trained to use a defibrillator, or against a person 42 or entity who acquires or maintains a defibrillator which arises from the 43good faithreasonable use of a defibrillator in an emergency setting and 2 1 no cause of action shall be maintained against the physician or osteopath 2 who wrote the prescription for the defibrillator if the prescription was 3 written in good faith. 4 (c) This immunity from civil liability does not apply if the acts or 5 omissions amount to gross negligence or willful or wanton or reckless mis- 6 conduct. 7 (d) The protection afforded within paragraph (a) of this subsection is 8 applicable to a person or entity who acquires or maintains a defibrillator 9 if such person or entity complies with the maintenance requirements set 10 forth in subsection (2)(a)(ii) of this section. 11 (4) A defibrillator acquired pursuant to a prescription and possessed in 12 compliance with subsection (2) of this section is exempt from the provisions 13 of chapter 10, title 56, Idaho Code.
STATEMENT OF PURPOSE
RS 17846
With the current technology of automatic external defibrillators
(AEDs), the current Good Samaritan statute is antiquated and
requires amendment. The proposed changes ensure that any
responder, regardless of training, are protected from civil
liability. In addition, this bill assures protection of owners.
FISCAL IMPACT
There is no fiscal impact to the state's general fund.
Contact
Name: Sen. Shawn Keough
Sen. Bart Davis
Rep. Dean Mortimer
Phone: 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1420