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S*71 Session 117 (2007-2008)
S*0071(Rat #0237, Act #0206 of 2008) General Bill, By Ryberg, Bryant, Cromer,
Richardson, Fair and Ford
AN ACT TO AMEND SECTION 44-76-40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO IMMUNITY FROM CIVIL LIABILITY FOR PERSONS ADMINISTERING, USING,
ACQUIRING, OR PRESCRIBING AN AUTOMATED EXTERNAL DEFIBRILLATOR (AED), SO AS TO
PROVIDE IMMUNITY FOR PERSONS PROVIDING TRAINING FOR CARDIOPULMONARY
RESUSCITATION THAT INCLUDES TRAINING IN THE USE OF AN AED UNDER CERTAIN
CIRCUMSTANCES; TO AMEND SECTION 44-32-50, RELATING TO BODY PIERCING TECHNICIAN
REQUIREMENTS, SO AS TO ALLOW OTHER SUITABLE CERTIFICATIONS IN PLACE OF THE RED
CROSS FIRST AID CERTIFICATION REQUIREMENT; AND TO AMEND SECTION 44-76-30,
RELATING TO TRAINING AND USE OF AN AED, SO AS TO ALLOW OTHER SUITABLE METHODS
OF TRAINING BY ADDITIONAL ORGANIZATIONS. - ratified title
11/29/06 Senate Prefiled
11/29/06 Senate Referred to Committee on Medical Affairs
01/09/07 Senate Introduced and read first time SJ-55
01/09/07 Senate Referred to Committee on Medical Affairs SJ-55
03/01/07 Senate Committee report: Favorable Medical Affairs SJ-6
03/06/07 Senate Read second time SJ-13
03/07/07 Senate Read third time and sent to House SJ-25
03/08/07 House Introduced and read first time HJ-14
03/08/07 House Referred to Committee on Judiciary HJ-15
04/09/08 House Committee report: Favorable with amendment
Judiciary HJ-52
04/15/08 House Debate adjourned until Wednesday, April 16, 2008 HJ-38
04/16/08 House Amended HJ-22
04/16/08 House Read second time HJ-24
04/17/08 House Read third time and returned to Senate with
amendments HJ-33
05/06/08 Senate Concurred in House amendment and enrolled SJ-14
05/08/08 Ratified R 237
05/14/08 Signed By Governor
05/19/08 Copies available
05/19/08 Effective date 05/14/08
05/20/08 Act No. 206
S. 71
(A206, R237, S71)
AN ACT TO AMEND SECTION 44-76-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM CIVIL LIABILITY FOR PERSONS ADMINISTERING, USING, ACQUIRING, OR PRESCRIBING AN AUTOMATED EXTERNAL DEFIBRILLATOR (AED), SO AS TO PROVIDE IMMUNITY FOR PERSONS PROVIDING TRAINING FOR CARDIOPULMONARY RESUSCITATION THAT INCLUDES TRAINING IN THE USE OF AN AED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 44-32-50, RELATING TO BODY PIERCING TECHNICIAN REQUIREMENTS, SO AS TO ALLOW OTHER SUITABLE CERTIFICATIONS IN PLACE OF THE RED CROSS FIRST AID CERTIFICATION REQUIREMENT; AND TO AMEND SECTION 44-76-30, RELATING TO TRAINING AND USE OF AN AED, SO AS TO ALLOW OTHER SUITABLE METHODS OF TRAINING BY ADDITIONAL ORGANIZATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Automated external defibrillator use, civil immunity
SECTION 1. Section 44-76-40 of the 1976 Code is amended by adding an appropriately numbered subsection at the end to read:
"(5) Any person or entity, acting in good faith and gratuitously, that teaches or provides a training program for cardiopulmonary resuscitation that includes training in the use of an automated external defibrillator is immune from civil liability for providing this training for use if the:
(a) person or entity has provided the training in accordance with the guidelines and policies of a national training organization, as defined in Section 44-76-30(1);
(b) person providing the training is authorized to deliver that course or curriculum; and
(c) training delivery was not grossly negligent."
Body piercing technician requirements, certifications expanded
SECTION 2. Section 44-32-50 of the 1976 Code is amended to read:
"Section 44-32-50. (A) A body piercing technician must be at least eighteen years old and shall possess a current Red Cross First Aid certification or an American Safety and Health Institute certification, or certification from a program that meets or exceeds the certification standards of the Red Cross First Aid or the American Safety and Health Institute, and Adult Cardiopulmonary Resuscitation (CPR) certification. The Red Cross First Aid certification must be renewed every three years, and the Adult CPR certification must be renewed annually. A body piercing technician must conspicuously display:
(1) the annual certificate of successful completion of a course in CPR and infection control as approved by the department; and
(2) the annual permit issued by the department.
(B) A body piercing technician must comply with all applicable federal Office of Safety and Health Administration requirements or guidelines.
(C) A body piercing technician must obtain a certificate attesting to the successful completion of a course in blood-borne pathogens and body piercing infection control as approved by the department."
Automated external defibrillator training, training organizations expanded
SECTION 3. Section 44-76-30 of the 1976 Code is amended to read:
"Section 44-76-30. A person or entity that acquires an AED shall:
(1) require its designated AED users to have current training in CPR and AED use by the American Heart Association, American Red Cross, American Safety and Health Institute, or National Safety Council, or training from a program that meets or exceeds the training standards of these organizations;
(2) maintain and test the AED according to the manufacturer's operational guidelines and keep written records of maintenance and testing;
(3) employ or obtain a health care professional to serve as its AED liaison;
(4) have in place an AED program approved by its AED liaison which includes CPR and AED training, AED protocol or guidelines, AED deployment strategies, and an AED equipment maintenance plan;
(5) include in its AED protocol or guidelines that a person who renders emergency care or treatment to a person in cardiac arrest caused by ventricular fibrillation/tachycardia by using an AED must activate the emergency medical services system or 911 as soon as possible; and
(6) report any clinical use of the AED to the AED liaison."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 8th day of May, 2008.
Approved the 14th day of May, 2008.
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