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Bill 198

                    Current Status

Bill Number:                      198
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990112
Primary Sponsor:                  Lander
All Sponsors:                     Lander
Drafted Document Number:          l:\s-res\jal\001auto.jjj.doc
Residing Body:                    Senate
Current Committee:                Medical Affairs Committee 13 SMA
Subject:                          Emergency medical services, to notify 
                                  service providers of possession of automated 
                                  external defibrillator


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990112  Introduced, read first time,           13 SMA
                  referred to Committee
Senate  19981216  Prefiled, referred to Committee        13 SMA


                             Versions of This Bill

TO AMEND SECTION 44-61-30, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO EMERGENCY MEDICAL SERVICES, BY ADDING A NEW SUBSECTION RELATING TO AUTOMATED EXTERNAL DEFIBRILLATORS SO AS TO REQUIRE NOTIFICATION OF POSSESSION OF AN AUTOMATED EXTERNAL DEFIBRILLATOR WITH LOCAL EMERGENCY SERVICES PROVIDERS; TO REQUIRE ACTIVATION OR NOTIFICATION OF EMERGENCY MEDICAL SERVICES IN AN EMERGENCY SITUATION WHERE AN AUTOMATED EXTERNAL DEFIBRILLATOR IS USED; AND TO PROVIDE IMMUNITY FROM LIABILITY FOR CERTAIN PERSONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 44-61-30 of the 1976 Code is amended by adding:

"(d)Any person or entity who acquires an automated external defibrillator, or AED, shall notify the local emergency medical services provider of the existence, location, and type of automated external defibrillator and shall:

(1) train expected automated external defibrillator users in cardiopulmonary resuscitation and automated external defibrillator use through the American Heart Association, American Red Cross, or other equivalent nationally-recognized training courses in cardiopulmonary resuscitation and automated external defibrillator use;

(2) maintain and test the automated external defibrillator according to the manufacturer's operational guidelines and ensure the maintenance and testing is accomplished by an entity approved by the manufacturer;

(3) ensure compliance with the requirements for training and a continuous quality improvement program through a supervisory licensed physician or other competent medical authority or agency; and

(4) activate any available emergency medical services system as soon as possible when a person or entity renders medical emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator and report any clinical use of the automated external defibrillator to the licensed physician ensuring training compliance in subsection (3) above.

(e) Any person or entity, who, in good faith and without compensation, renders emergency care or treatment through the use of an automated external defibrillator shall be immune from civil liability for any personal injury resulting from such care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment, where the person acts as an ordinary, reasonably prudent person under the circumstances and whose actions do not amount to wilful or wanton misconduct or gross negligence.

(f) The prescribing physician who authorizes the purchase of the automated external defibrillator, the individuals or entities who provide training in cardiopulmonary resuscitation and the use of the automated external defibrillator, and the person or entity responsible for the site where the automated external defibrillator is located shall all be immune from civil liability for any acts that do not amount to wilful or wanton misconduct or gross negligence.

(g) The immunity from civil liability under subsection (A) in this section does not apply if the personal injury results from the gross negligence or wilful or wanton misconduct of the person rendering the emergency use of the automated external defibrillator."

SECTION 2. This act takes effect upon approval by the Governor.

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