CSSB 160(HES): "An Act relating to civil liability for use or attempted use of an automated external defibrillator; and providing for an effective date."
00 CS FOR SENATE BILL NO. 160(HES) 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 or provides the device; however, this paragraph 12 does not apply and immunity is provided under this subsection if the period of time 13 elapsing between hiring the person as an employee or agent and the occurrence of the 14 harm, or between the acquisition of the device and the occurrence of the harm in any 15 case in which the device was acquired after hiring the employee or agent, was not in 16 excess of six months. 17 (c) The immunity provided by (b) of this section does not apply to a 18 manufacturer of an automated external defibrillator. 19 (d) In this section, "appropriate training" means that the individual has 20 completed an automated external defibrillator training course from the American 21 Heart Association, the American Red Cross, or another automated external 22 defibrillator training course approved by the Department of Health and Social 23 Services. 24 * Sec. 2. AS 09.65.090(e) and 09.65.090(f) are repealed. 25 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 APPLICABILITY. This Act applies to a civil action that accrues on or after the 28 effective date of this Act. 29 * Sec. 4. This Act takes effect July 1, 2003.