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HB 4: "An Act relating to automated external defibrillators."

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 AS 09.65.087(d) is repealed.