00                             HOUSE BILL NO. 4                                                                           
01 "An Act relating to automated external defibrillators."                                                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 09.65.087(b) is amended to read:                                                                   
04            (b)  A person who acquires or provides an automated external defibrillator                                   
05       device for use on a victim of a perceived medical emergency is not liable for civil                               
06       damages resulting from the use or attempted use of the device. This subsection does                               
07       not apply to civil damages resulting from gross negligence [THE FAILURE OF THE                                
08       PERSON WHO ACQUIRES OR PROVIDES THE DEVICE TO                                                                     
09                 (1)  NOTIFY THE LOCAL EMERGENCY MEDICAL RESPONSE                                                        
10       AUTHORITY OR OTHER APPROPRIATE ENTITY OF THE MOST RECENT                                                          
11       PLACEMENT OF THE DEVICE WITHIN 30 DAYS FOLLOWING PLACEMENT                                                        
12       OF THE DEVICE;                                                                                                    
13                 (2)  PROPERLY MAINTAIN AND TEST THE DEVICE;                                                             
14                 (3)  PROVIDE, WITHIN A REASONABLE PROXIMITY TO THE                                                      
15       DEVICE'S USUAL LOCATION, A MEANS OF NOTIFYING THE LOCAL                                                           

01       EMERGENCY MEDICAL RESPONSE AUTHORITY THAT AN EMERGENCY                                                            
02       EXISTS IN THE EVENT THAT A MEDICAL EMERGENCY OCCURS WHERE                                                         
03       THE DEVICE IS USED; OR                                                                                            
04                 (4)  PROVIDE APPROPRIATE TRAINING IN THE USE OF THE                                                     
05       DEVICE TO AN EMPLOYEE OR AGENT OF THE PERSON WHO ACQUIRES                                                         
06       OR PROVIDES THE DEVICE; HOWEVER, THIS PARAGRAPH DOES NOT                                                          
07       APPLY AND IMMUNITY IS PROVIDED UNDER THIS SUBSECTION IF THE                                                       
08       PERIOD OF TIME ELAPSING BETWEEN HIRING THE PERSON AS AN                                                           
09       EMPLOYEE OR AGENT AND THE OCCURRENCE OF THE HARM, OR                                                              
10       BETWEEN THE ACQUISITION OF THE DEVICE AND THE OCCURRENCE OF                                                       
11       THE HARM IN ANY CASE IN WHICH THE DEVICE WAS ACQUIRED AFTER                                                       
12       HIRING THE EMPLOYEE OR AGENT, WAS NOT IN EXCESS OF SIX                                                            
13       MONTHS].                                                                                                          
14    * Sec. 2. AS 09.65.087(d) is repealed.