04/20/1998 01:30 PM Senate JUD

       CSHB 395(JUD) - CIVIL LIABILITY FOR EMERGENCY AID                       
                                                                               
CHAIRMAN TAYLOR announced the committee would hear CSHB 395(JUD).              
                                                                               
PATTI SWENSON, legislative assistant to Representative Con Bunde,              
came forward to explain the new proposed CS on behalf of the                   
sponsor.  She said the first section was added to explain the                  
purpose of the bill, and Section 2 is the "Good Samaritan" portion.            
Removed from the original were subsections (f) and (g), with the               
rest remaining the same.  She said the sponsor had no objection to             
the changes.                                                                   
                                                                               
CHAIRMAN TAYLOR explained the changes delete the references to                 
provide immunity from any liability.  For persons or organizations             
involved in training or making automatic external defibrillators               
(AEDs) available to others, those sections would have provided                 
blanket immunity regardless of what they may or may not have done.             
                                                                               
SENATOR PARNELL asked the reason for the "purpose" section.                    
                                                                               
Number 201                                                                     
                                                                               
MS. SWENSON said it was included to match and support the title.               
As to whether another immunity bill would be required if a new                 
machine were invented the following year, she stated, "You could if            
you want to."                                                                  
                                                                               
SENATOR PARNELL made a motion to adopt proposed SCS CSHB 395(JUD),             
Version L, Ford, 4/20/98, as a work draft.  There being no                     
objection, it was so ordered.  He asked whether there was further              
testimony on the bill.                                                         
                                                                               
MS. SWENSON said there was none.  She expressed her understanding              
that everyone is aware that the bill expands the "Good Samaritan"              
law and provides for use of a manual electronic cardiac                        
defibrillator in airplanes, office buildings, and anywhere else a              
person is trained to use one.  Next year, they plan to limit what              
is available in airplanes and offices, so that people do not start             
intravenous injections, for example.                                           
                                                                               
Number 230                                                                     
                                                                               
MARK JOHNSON, Chief, Community Health and Emergency Medical                    
Services, Division of Public Health, Department of Health and                  
Social Services (DHSS), came forward to testify in support of the              
bill.  He explained that under current law, defibrillation is                  
considered an advanced life support skill requiring certification              
or licensing.  However, the new computerized machines will not give            
a shock to someone lacking a life-threatening cardiac dysrhythmia.             
Therefore, the judgment previously required to interpret and make              
decisions about cardiac dysrhythmia is no longer required with                 
these devices, which airlines and others are already starting to               
use.  The law needs to catch up with what is already happening.                
This device is most successful for people with ventricular                     
fibrillation, which is about 60 percent of those suffering sudden              
cardiac arrest.  The American Heart Association chart based on                 
nationwide studies shows that if cardiopulmonary resuscitation                 
(CPR) is initiated within one minute of a witnessed cardiac arrest,            
if defibrillation is performed with four minutes, and if advanced              
cardiac life support (paramedic-level care) begins within six to               
eight minutes, the survival/discharge-from-a-hospital rate is about            
30 percent.  In contrast, with no CPR and no ambulance arriving                
withing ten minutes, survival drops to 0-to-2 percent.  Mr. Johnson            
stated he believes this will save lives.                                       
                                                                               
Number 155                                                                     
                                                                               
CHAIRMAN TAYLOR suggested this legislation essentially bars a                  
person from bringing a lawsuit for the improper or negligent use of            
this equipment.  He asked whether Mr. Johnson was aware of anyone              
being sued for the misuse of one of these devices.                             
                                                                               
MR. JOHNSON said no.  He pointed out that the legislation also                 
changes the current statutory definition of advanced life support              
to address the manual defibrillation that paramedics, doctors and              
advanced cardiac life support nurses perform.  Under current law,              
it is technically illegal, although there is a question as to                  
whether anyone would enforce it or sue.  This bill makes it legal              
for a properly trained person who is not a licensed or certified               
health care provider to use an AED.                                            
                                                                               
Number 272                                                                     
                                                                               
SENATOR PARNELL made a motion to move SCS CSHB 395(JUD) from                   
committee with individual recommendations.  There being no                     
objection, SCS CSHB 395(JUD) moved from the Senate Judiciary                   
Committee.