Legislature(2001 - 2002)
02/27/2002 01:40 PM Senate HES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 325-CIVIL LIABILITY FOR DEFIBRILLATOR USE
MS. WILDA RODMAN, staff to Senator Therriault, sponsor of SB 325,
read the following sponsor statement.
SB 325 is intended to save lives by increasing the
availability of automated external defibrillators,
devices designed to restore a normal heartbeat when a
person's heart suddenly stops.
Each year, 250,000 people die in the U.S. because of
sudden cardiac arrest. The most important treatment
for more than half of these patients is defibrillation,
an electrical shock intended to restore a more normal
cardiac rhythm. For each minute a person remains in
cardiac arrest, their chances of survival decrease by
about 7 to 10 percent. The increased availability of
automated external defibrillators, or AEDs, can help
save lives by allowing shocks to be delivered prior to
the arrival of the ambulance crew. AEDs have evolved
significantly over the past few years, and the current
generation is safer, easier to use and more maintenance
free than ever.
Businesses and municipalities are interested in making
AEDs more accessible in the workplace and where large
groups gather so that trained staff and laypersons can
access the device. Currently, AS 09.65.090 provides
immunities from civil liability to individuals who use
the device, but not to those who make the device
accessible for use. This has limited the accessibility
of AEDs because of the perception of excessive
liability due largely to an unfamiliarity with the
current ease and safety of the latest technology. It
is literally impossible to shock a person who does not
require shocking with the current device.
SB 325 extends immunity from civil liability to those
who provide AEDs with important prerequisites to ensure
their safe and effective use. It also amends the
section of statute providing immunity to those who use
AEDs in recognition of how much easier it is to safely
use the newest generation.
MS. RODMAN offered to answer questions.
CHAIRWOMAN GREEN said the committee has heard similar legislation
that pertained to emergency medical technicians. She then took
public testimony.
MS. KATHY MCLAREN, the emergency medical services training
coordinator for DHSS, stated support for SB 325 for many of the
reasons presented already. She then gave the following testimony.
67 percent of sudden cardiac deaths in Alaska occur out
of hospital or patients are pronounced dead at the
emergency room. Increased availability of the automated
external defibrillator is the only treatment for many
of those patients. The American Heart Association has
described the "chain of survival" as early access,
early CPR, early defibrillation and early advanced
care. Each link in this chain is critical to
increasing survival from sudden cardiac events. Alaska
has moved from manual defibrillation in hospital by
advanced life support personnel to automated external
defibrillation at the basic EMT level. Alaska was one
of the first states to permit AED use at a level below
that of an EMT.
Currently, lay people are trained in basic CPR and they
can be trained to apply and operate the AED. The
machine is applied - a microprocessor evaluates the
rhythm, determines whether a shock is required. The
operator can then administer the shock. This machine
is only applied to and used on patients who are not
breathing and who do not show signs of circulation. A
patient without a pulse or who is not breathing is dead
or dying. Access to AEDs may provide a chance of
increased survival. SB 325, by reducing the liability
for the people who purchase and make these devices
available, will likely increase the number of AEDs
available in this state. For that reason, the
Department of Health and Social Services supports SB
325.
CHAIRWOMAN GREEN asked Ms. McLaren if she had a proposed
amendment.
MS. MCLAREN said she did.
MS. RODMAN said she saw the proposed amendment right before the
meeting and explained that when the bill was originally drafted,
it applied to a "person or entity." The legal advisor recommended
dropping the word "entity" because the definition of a person
includes an entity. She said the intent of the amendment is to
include state agencies and municipalities and that Senator
Therriault is not opposed to the amendment.
CHAIRWOMAN GREEN asked if the DHSS legal advisor recommended the
amendment.
MS. MCLAREN said her understanding is that some of the people who
initially proposed the amendment are from municipalities and
state agencies. They were concerned that language in AS
01.10.060, which defines "person," was not sufficiently clear to
provide protections for municipalities and state agencies.
MS. RODMAN read the applicable part of the statute referred to by
Ms. McLaren as follows:
In the laws of the state, unless the context otherwise
requires, a person includes a corporation, company,
partnership, firm, association, organization, business
trust, or society, as well as a natural person.
SENATOR WARD said he believes the legislators' legal advisors
were correct.
CHAIRWOMAN GREEN said the definition does not specifically
mention a municipality and asked if it mentions a state agency.
MS. RODMAN said it does not. She pointed out that the legal
drafter advised her that a person encompasses entity, and thus
encompasses municipality or state agency.
CHAIRWOMAN GREEN suggested addressing the proposed amendment in
the Senate Judiciary Committee.
MR. TIM BEGAINE, Director of Emergency Operations for the
Fairbanks North Star Borough, stated full support of SB 325. The
borough encountered businesses and municipalities late last
summer that were interested in making automatic external
defibrillators more accessible in the workplace and in places
where recreational activities take place. The borough looked at
applicable federal and state laws, and found that the borough
would assume liability for providing public access to an AED.
Existing Alaska statute provides immunities from civil
liabilities to those who use the device, but not to those who
install the device. SB 325 will correct that deficiency and will
assist in the promotion of this life saving device in Alaska.
MS. PAM BEALE, Emergency Cardiovascular Care Manager for the
American Heart Association, expressed the following concerns with
SB 325. A provision requiring that EMS workers be notified of
the number and locations of AEDs was removed but she believes
notification would be a great service to the community. In
addition, she would like to add municipalities and state agencies
to the definition for the purpose of clarification.
MR. F.X. NOLAN, Chief of EMS Training for the Anchorage Fire
Department and the Municipality of Anchorage AED, Public Access
Defibrillation Coordinator and the Anchorage Chair of the
Northwest Region of the American Heart Association's Operation
Heartbeat Initiative, informed members that Alaska's share of the
250,000 people who succumb to sudden cardiac death every year is
slightly under 400. Some of those people die in medical
facilities, but in Anchorage every year, between 90 and 100
sudden cardiac deaths occur outside of a hospital. Last year, of
the 90+ people, 43 were defibrillated with AEDs prior to the
arrival of paramedics - by firefighters, police officers, or
others. Out of those 43, 12 went to a hospital with a pulse. He
very much supports SB 325. He sees a proliferation of AEDs in the
future; SB 325 will remove the perception of liability when used
by a member of the public. He agrees with the amendments proposed
by the previous speaker as he believes it is desirable for local
EMS agencies to know where AEDs are located.
There being no further testimony or questions, SENATOR WILKEN
moved SB 325 with its zero fiscal note and individual
recommendations. There being no objection, the motion carried.
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