00                             SENATE BILL NO. 160                                                                         
01 "An Act relating to civil liability for use or attempted use of an automated external                                   
02 defibrillator; and providing for an effective date."                                                                    
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 09.65 is amended by adding a new section to read:                                                 
05            Sec. 09.65.087.  Civil liability for use of an automated external                                          
06       defibrillator.  (a)  A person who uses or attempts to use an automated external                                 
07       defibrillator device on a victim of a perceived medical emergency is not liable for civil                         
08       damages resulting from the use or attempted use of the device.  This subsection does                              
09       not apply to civil damages resulting from a failure to notify the appropriate emergency                           
10       medical services agency.                                                                                          
11            (b)  A person who acquires or provides an automated external defibrillator                                   
12       device for use on a victim of a perceived medical emergency is not liable for civil                               
13       damages resulting from the use or attempted use of the device.  This subsection does                              
14       not apply to civil damages resulting from the failure of the person who acquires or                               
01       provides the device to                                                                                            
02                 (1)  notify the local emergency medical response authority or other                                     
03       appropriate entity of the most recent placement of the device within 30 days following                            
04       placement of the device;                                                                                          
05                 (2)  properly maintain and test the device;                                                             
06                 (3)  provide, within a reasonable proximity to the device's usual                                       
07       location, a means of notifying the local emergency medical response authority that an                             
08       emergency exists in the event that a medical emergency occurs where the device is                                 
09       used; or                                                                                                          
10                 (4)  provide appropriate training in the use of the device to an employee                               
11       or agent of the person who acquires the device when the employee or agent was the                                 
12       person who used the device on the victim; this paragraph does not apply and immunity                              
13       is provided under this subsection if                                                                              
14                      (A)  the employee or agent who used the device on the victim                                       
15            was not an employee or agent who would have been reasonably expected to                                      
16            use the device;                                                                                              
17                      (B)  the period of time elapsing between hiring the person as an                                   
18            employee or agent and the occurrence of the harm, or between the acquisition                                 
19            of the device and the occurrence of the harm, in any case in which the device                                
20            was acquired after hiring the employee or agent was not in excess of six                                     
21            months;                                                                                                      
22                      (C)  the device was intended for and placed in a location where                                    
23            the person or entity would not regularly have an employee or agent present; or                               
24                      (D)  the device was placed in a location that provided public                                      
25            access to the device by persons who volunteer to use the device and are not                                  
26            employees or agents of the person who acquires or provides the device.                                       
27            (c)  In this section, "appropriate training" means that the individual has                                   
28       completed an automated external defibrillator training course from the American                                   
29       Heart Association, the American Red Cross, or another automated external                                          
30       defibrillator training course approved by the Department of Health and Social                                     
31       Services.                                                                                                         
01    * Sec. 2.  AS 09.65.090(e) and 09.65.090(f) are repealed.                                                          
02    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
03 read:                                                                                                                   
04       APPLICABILITY.  This Act applies to a civil action that accrues on or after the                                   
05 effective date of this Act.                                                                                             
06    * Sec. 4.  This Act takes effect July 1, 2003.