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Current Status Bill Number:View additional legislative information at the LPITS web site.3235 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990112 Primary Sponsor:J. Brown All Sponsors:J. Brown, R. Smith, Gilham, Lourie, Emory Drafted Document Number:l:\council\bills\psd\7121ac99.doc Residing Body:House Date Tabled:19990518 Subject:Automated External Defibrillator Act, Emergency medical services, Medical, Acts Cited By Popular Name History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990518 Tabled House 19990504 Debate adjourned until Tuesday, 19990518 House 19990427 Debate adjourned until Tuesday, 19990504 House 19990422 Co-Sponsor added (Rule 5.2) by Rep. Emory House 19990421 Committee report: Favorable with 27 H3M amendment House 19990415 Co-Sponsor added (Rule 5.2) by Rep. Lourie House 19990318 Co-Sponsor added (Rule 5.2) by Rep. Gilham House 19990112 Introduced, read first time, 27 H3M referred to Committee House 19990106 Prefiled, referred to Committee 27 H3M Versions of This Bill Revised on April 21, 1999 - Word format
COMMITTEE REPORT
April 21, 1999
H. 3235
Introduced by Reps. J. Brown, R. Smith, Gilham, Lourie and Emory
S. Printed 4/21/99--H.
Read the first time January 12, 1999.
To whom was referred a Bill (H. 3235), to amend Title 44, Code of Laws of South Carolina, 1976, relating to health, so as to enact the South Carolina Automated External Defibrillator Act, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-76-10. This chapter may be cited as the 'South Carolina Automated External Defibrillator Act'.
Section 44-76-20. For purposes of this chapter:
(1) 'Automated external defibrillator' or 'AED' means an automated external defibrillator which is a medical device heart monitor and defibrillator that:
(a) has received approval of its pre-market notification filed pursuant to the United States Code, Title 21, Section 360(k), from the United States Food and Drug Administration; and
(b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and
(c) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.
(2) 'Designated AED user' means a person, identified by the person or entity acquiring an AED, who has received training in the use of an AED pursuant to this chapter.
(3) 'Health care professional' means a licensed physician, surgeon, physician's assistant, nurse practitioner, or nurse.
Section 44-76-30. A person or entity that acquires an automated external defibrillator shall:
(1) require its designated AED users to have current training in CPR and AED as used by the American Heart Association, American Red Cross, or National Safety Council;
(2) maintain and test the AED according to the manufacturer's operational guidelines and keep written records of their maintenance and testing;
(3) employ or obtain a health care professional to serve as an 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;
(6) report any clinical use of the AED to the AED liaison.
Section 44-76-40. (A) The following are immune from civil liability for the application of an AED:
(1) a person or entity acting in good faith and gratuitously unless the person was grossly negligent in the application;
(2) a designated AED user having the training required by Section 44-76-30(1) and acting according to the required training unless the application was grossly negligent.
(B) A person or entity acquiring an AED and meeting the requirements of Section 44-76-30 is immune from civil liability for the application of an AED by a person or entity described in subsection (A).
(C) A prescribing physician is immune from civil liability for authorizing the purchase of an AED, unless the authorization was grossly negligent.
Section 44-76-50. This chapter does not apply to emergency medical services, a physician's office, or a health care facility as defined in Section 44-7-130."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
JOE E. BROWN, for Committee.
EXPLANATION OF IMPACT:
Department of Health and Human Services (DHHS):
Enactment of this bill would have no impact on the General Fund of the State, nor on federal or other funds. DHHS contracts with providers for the delivery of Medicaid services. The providers affected would be able to comply with the provisions of this bill without incurring any additional costs.
Department of Mental Health (DMH):
Enactment of this bill would have no impact on the General Fund of the State, nor on federal or other funds. Any training, maintenance of equipment or procedures development required to comply with the act could be done using existing resources.
Approved By:
Les Boles
Office of State Budget
TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, SO AS TO ENACT THE SOUTH CAROLINA AUTOMATED EXTERNAL DEFIBRILLATOR ACT BY ADDING SECTIONS 44-61-160 AND 44-61-170, WHICH REQUIRE CERTAIN TRAINING FOR DESIGNATED USERS OF A DEFIBRILLATOR, NOTIFICATION OF POSSESSION OF A DEFIBRILLATOR WITH THE EMERGENCY MEDICAL SERVICES SYSTEM, AND ACTIVATION OF THE EMERGENCY MEDICAL SERVICES SYSTEM IN AN EMERGENCY SITUATION WHERE A DEFIBRILLATOR IS USED, AND WHICH PROVIDE IMMUNITY TO THOSE ACTING IN GOOD FAITH AND IN ACCORDANCE WITH THIS ACT; AND TO AMEND SECTION 44-61-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO EMERGENCY MEDICAL SERVICES, SO AS TO DEFINE "AUTOMATED EXTERNAL DEFIBRILLATOR" AND "AED".
Whereas, the General Assembly of the State of South Carolina finds that each year more than two hundred fifty thousand Americans die from out-of-hospital sudden cardiac arrest. More than ninety-five percent of these deaths occur, in many cases, because life saving defibrillators arrive on the scene too late, if at all; and
Whereas, the American Heart Association estimates that more than twenty thousand deaths could be prevented each year if defibrillators were more widely available to designated responders; and
Whereas, communities in South Carolina, as well as around the country, have invested in 911 emergency response systems, personnel providing emergency services, and ambulance vehicles. However, many of the communities do not have enough defibrillators to meet the needs of their communities. Accordingly, the General Assembly encourages greater acquisition, deployment, and use of automated external defibrillators in communities across the State. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Automated External Defibrillator Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 44-61-160. (A) A person or entity that acquires an AED shall notify the local emergency medical service provider of the existence, location, and type of AED.
(B) A person or entity that acquires an AED shall ensure that:
(1) AED users have current training in CPR and AED used by the American Heart Association, American Red Cross, or National Safety Council;
(2) the defibrillator is maintained and tested according to the manufacturer's operational guidelines and that written records of maintenance and testing are kept;
(3) an AED program including CPR and AED training, EMS coordination, AED protocol or guidelines, AED deployment strategies, and an AED equipment maintenance plan are in place and have been reviewed and approved by a licensed health care provider employed or designated by the person or entity;
(4) 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;
(5) must report any clinical use of the AED to the licensed health care provider.
Section 44-61-170. A person or entity who, while acting in good faith and in compliance with Section 44-61-160, is immune from civil liability as provided in Sections 15-1-310 and 38-79-30."
SECTION 3. Section 44-61-20 of the 1976 Code is amended by adding at the end:
"(u) 'Automated external defibrillator' or 'AED' means an automated external defibrillator which is a medical device heart monitor and defibrillator that:
(1) has received approval of its pre-market notification filed pursuant to the United States Code, Title 21, Section 360(k), from the United States Food and Drug Administration; and
(2) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and
(3) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.
(v) 'Licensed health care provider' means a physician, surgeon, physician's assistant, nurse practitioner, or nurse."
SECTION 4. This act takes effect upon approval by the Governor.
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