CSHB 395(JUD): "An Act relating to civil liability resulting from the use of a defibrillator in providing emergency aid or emergency training."
00CS FOR HOUSE BILL NO. 395(JUD) 01 "An Act relating to civil liability resulting from the use of a defibrillator in 02 providing emergency aid or emergency training." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.65.090(c) is amended to read: 05 (c) The immunity provided under (b) of this section does not apply to civil 06 damages that result from providing or attempting to provide any of the following 07 advanced life support techniques unless the person who provided them was authorized 08 by law to provide them: 09 (1) manual electric cardiac defibrillation; 10 (2) administration of antiarrhythmic agents; 11 (3) intravenous therapy; 12 (4) intramuscular therapy; or 13 (5) use of endotracheal intubation devices. 14 * Sec. 2. AS 09.65.090 is amended by adding new subsections to read:
01 (e) A person who uses an automated external defibrillator to treat another 02 person in cardiac arrest is not liable for civil damages as a result of an act or omission 03 in treating the other person if the person was properly trained to use the device and 04 activates the emergency medical services system by notifying the appropriate 05 emergency medical services agency. 06 (f) A person or organization providing training in the use of an automated 07 external defibrillator is not liable for civil damages as a result of providing training in 08 the use of the automated external defibrillator in a course approved by the Department 09 of Health and Social Services. 10 (g) A person or organization making an automated external defibrillator 11 available for use by a person trained in its use is not liable for civil damages as the 12 result of making the device available if 13 (1) expected defibrillator users receive reasonable instruction in 14 defibrillator use and cardiopulmonary resuscitation in a course approved by the 15 Department of Health and Social Services; a user of a defibrillator shall maintain a 16 current proficiency in defibrillator use and cardiopulmonary resuscitation; 17 (2) a physician approved the purchase of the automated external 18 defibrillator; 19 (3) the device is maintained consistent with the manufacturer's 20 recommendations; and 21 (4) the person or entity who acquires a defibrillator provides written 22 notification to the local emergency medical services agency about the existence and 23 the location of the defibrillator. 24 (h) In this section, "properly trained" means that the individual has completed 25 an automated external defibrillator training course from the American Heart 26 Association, the American Red Cross, or another automated external defibrillator 27 training course approved by the Department of Health and Social Services. 28 * Sec. 3. AS 18.08.090(1) is amended to read: 29 (1) "advanced life support" means emergency care techniques provided 30 under the written or oral orders of a physician that include, manual [BUT ARE NOT 31 LIMITED TO,] electric cardiac defibrillation, administration of antiarrhythmic agents,
01 intravenous therapy, intramuscular therapy, or use of endotracheal intubation devices;