00 Enrolled SB 160                                                                                                         
01 Relating to civil liability for use or attempted use of an automated external defibrillator; and                        
02 providing for an effective date.                                                                                        
03                           _______________                                                                               
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.