SB 325: "An Act relating to civil liability for use of an automated external defibrillator; and providing for an effective date."
00 SENATE BILL NO. 325 01 "An Act relating to civil liability for use of an automated external defibrillator; and 02 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, 2002.