07 LC 33
1804
House
Bill 692
By:
Representatives Wilkinson of the
52nd,
Knox of the
24th,
Maxwell of the
17th,
and Meadows of the
5th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 11 of Title 31of the Official Code of Georgia
Annotated, relating to emergency medical services personnel, so as to provide
for the establishment of a recognition program for schools and hospitals which
provide training and certification in the use of automated external
defibrillators by laypersons; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 11 of Title 31of the Official Code of Georgia Annotated, relating
to emergency medical services personnel, is amended by revising Code Section
31-11-53.1, relating to the establishment of an automated external defibrillator
program, as follows:
"31-11-53.1.
(a)
As used in this Code section, the term:
(1)
'Automated external defibrillator' means a defibrillator which:
(A)
Is capable of cardiac rhythm analysis;
(B)
Will charge and be capable of being activated to deliver a countershock after
electrically detecting the presence of certain cardiac dysrhythmias;
and
(C)
Is capable of continuous recording of the cardiac dysrhythmia at the scene with
a mechanism for transfer and storage or for printing for review subsequent to
use.
(2)
'Defibrillation' means to terminate ventricular fibrillation.
(3)
'First responder' means any person or agency who provides on-site care until the
arrival of a duly licensed ambulance service. This shall include, but not be
limited to, persons who routinely respond to calls for assistance through an
affiliation with law enforcement agencies, fire suppression agencies, rescue
agencies, and others.
(b)
It is the intent of the General Assembly that an automated external
defibrillator may be used by any person for the purpose of saving the life of
another person in cardiac arrest. In order to ensure public health and
safety:
(1)
It is recommended that all persons who have access to or use an automated
external defibrillator obtain appropriate training as set forth in the Rules and
Regulations of the Department of Human Resources Chapter 290-5-30. It is
further recommended that such training include at a minimum the successful
completion of:
(A)
A nationally recognized health care provider/professional rescuer level
cardiopulmonary resuscitation course; and
(B)
A department established or approved course which includes demonstrated
proficiency in the use of an automated external defibrillator;
(2)
All persons and agencies possessing and maintaining an automated external
defibrillator shall notify the appropriate emergency medical services system of
the existence and location of the automated external defibrillator prior to said
defibrillator being placed in use;
(3)
All persons who use an automated external defibrillator shall activate the
emergency medical services system as soon as reasonably possible by calling
9-1-1 or the appropriate emergency telephone number upon use of the automated
external defibrillator; and
(4)
Within a reasonable period of time, all persons who use an automated external
defibrillator shall make available a printed or electronically stored report to
the licensed emergency medical services provider which transports the
patient.
(c)
All persons who provide instruction to others in the use of the automated
external defibrillator shall have completed an instructor course established or
approved by the department.
(c.1)
The department shall establish a recognition program to acknowledge secondary
schools which provide instruction and certification on the use of automated
external defibrillators to its students as well as hospitals which provide
community education and training to students and other laypersons on the use of
automated external defibrillators. The department shall establish criteria for
the designation of such schools and hospitals and shall make public the names of
the entities which are so designated. The department shall assist in
coordinating between schools, hospitals, nonprofit organizations promoting
health initiatives, and other entities to establish new training and
certification programs and to promote public awareness of resources available to
provide such training and certification.
(d)
The department shall establish an automated external defibrillator program for
use by emergency medical technicians. Such program shall be subject to the
direct supervision of a medical adviser approved under Code Section 31-11-50.
No emergency medical technician shall be authorized to use an automated external
defibrillator to defibrillate a person unless that defibrillator is a properly
maintained automated external defibrillator and that emergency medical
technician:
(1)
Submits to and has approved by the department an application for such use, and
in considering that application the department may obtain and use the
recommendation of the local coordinating entity for the health district in which
the applicant will use such defibrillator;
(2)
Successfully completes an automated external defibrillator training program
established or approved by the department;
(3)
Is subject to protocols requiring that both the emergency physician who receives
a patient defibrillated by that emergency medical technician and the medical
adviser for the defibrillator program review the department required prehospital
care report and any other documentation of the defibrillation of any person by
that emergency medical technician and send a written report of such review to
the district EMS medical director of the health district in which the
defibrillation occurred; and
(4)
Obtains a passing score on an annual automated external defibrillator
proficiency exam given in connection with that program.
(e)
It shall not be necessary for a licensed emergency medical service, licensed
neonatal transport service, or other services licensed by the department which
provide care administered by cardiac technicians or paramedics to obtain
department approval for the use of an automated external defibrillator on
licensed vehicles.
(f)
Any emergency medical technician who violates the provisions of this Code
section shall be subject to having revoked by the department that person´s
authority to use an automated external defibrillator. Such a violation shall
also be grounds for any entity which issues a license or certificate authorizing
such emergency medical technician to perform emergency medical services to take
disciplinary action against such person, including but not limited to suspension
or revocation of that license or certificate. Such a violation shall also be
grounds for the employer of such emergency medical technician to impose any
sanction available thereto, including but not limited to dismissal.
(g)
Any first responder who gratuitously and in good faith renders emergency care or
treatment by the use of or provision of an automated external defibrillator,
without objection of the injured victim or victims thereof, shall not be held
liable for any civil damages as a result of 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 without gross negligence or intent to harm or as
an ordinary reasonably prudent person would have acted under the same or similar
circumstances, even if such individual does so without benefit of the
appropriate training. This provision includes paid persons who extend care or
treatment without expectation of remuneration from the patient or victim for
receiving the defibrillation care or treatment."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.