Legislature(2003 - 2004)
04/11/2003 01:35 PM Senate HES
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ALASKA STATE LEGISLATURE
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES
STANDING COMMITTEE
April 11, 2003
1:35 p.m.
MEMBERS PRESENT
Senator Fred Dyson, Chair
Senator Lyda Green, Vice Chair
Senator Gary Wilken
Senator Bettye Davis
MEMBERS ABSENT
Senator Gretchen Guess
COMMITTEE CALENDAR
SENATE BILL NO. 160
"An Act relating to civil liability for use or attempted use of
an automated external defibrillator; and providing for an
effective date."
MOVED CSSB 160(HES) OUT OF COMMITTEE
PREVIOUS ACTION
SB 160 - No previous action to record.
WITNESS REGISTER
Senator Donny Olson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 160.
Ms. Jessica Ethridge
Staff to Donny Olson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 160.
Mr. Mark Johnson
Community Health and Emergency Medical Services
Department of Health &
Social Services
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Supported SB 160.
Ms. Jennifer App, Advocacy Director
American Heart Association
1057 W. Fireweed Lane
Anchorage AK 99503
POSITION STATEMENT: Supported SB 160.
ACTION NARRATIVE
TAPE 03-20, SIDE A
SB 160-CIVIL LIABILITY FOR DEFIBRILLATOR USE
CHAIR FRED DYSON called the Senate Health, Education and Social
Services Standing Committee meeting to order at 1:35 p.m.
Present were SENATORS WILKEN, GREEN, and DAVIS. He announced SB
160 to be up for consideration.
SENATOR DONNY OLSON, sponsor, said this legislation would
provide faster treatment for Alaskans who suffer a cardiac
arrest by making automatic external defibrillators (AED)
increasingly available. Each year, 250,000 people die in the
United States as a result of a sudden cardiac arrest. The most
important treatment for more than half of them is immediate
defibrillation. For each minute a person remains in cardiac
arrest, that person's chance of ultimate survival is decreased
by approximately 7 to 10 percent. AEDs have evolved
significantly over the last couple of years and are much safer
and easier to use. AEDs have the ability to discern between
shockable and non-shockable rhythms; it's literally impossible
to shock a person who doesn't require it.
Businesses and municipalities are interested in making more AEDs
available in the workplace in locations where large groups
gather. Currently, the Good Samaritan provision under Alaska law
gives immunity from civil liability for any person trained to
use the AED, but this immunity does not apply to those
individuals in organizations that make devices accessible in the
workplace. As a result, these devices have not been made readily
available. SB 160 removes that impediment by extending the Good
Samaritan immunity to owners and operators of public and private
facilities.
SENATOR OLSON said he became aware there was some confusion
about page 2, lines 10-26 and he has an amendment that makes the
language clearer.
SENATOR LYDA GREEN moved to adopt Amendment 1, Ford-A.2.
23-LS0890\A.2
Ford
1/27/04
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: SB 160
Page 2, lines 10 - 26:
Delete all material and insert:
"(4) provide appropriate training in the use of
the device to an employee or agent of the person who
acquires or provides the device; however, this paragraph
does not apply and immunity is provided under this
subsection if the period of time elapsing between hiring
the person as an employee or agent and the occurrence of
the harm, or between the acquisition of the device and the
occurrence of the harm in any case in which the device was
acquired after hiring the employee or agent, was not in
excess of six months.
(c) The immunity provided by (b) of this section does
not apply to a manufacturer of an automated external
defibrillator."
Reletter the following subsection accordingly.
There were no objections and Amendment 1 was adopted.
MS. JESSICA ETHRIDGE, staff to Senator Olson, added that the
intent is not to provide immunity for the manufacturer.
MR. MARK JOHNSON, Community Health and Emergency Medical
Services, DHSS, supported SB 160.
MS. JENNIFER APP, Advocacy Director, American Heart Association,
supported SB 160. "In the Heart Association's development of a
four-part chain of survival, access to defibrillation is one of
the most important and most significant pieces of that chain."
She said if someone goes into cardiac arrest, it's only 8 to 10
minutes before there's no chance of survival.
SENATOR GREEN commented that the instructions on the devices are
easy for a person to understand.
MS. APP said this bill removes the requirement for an individual
to be trained in the use of the AED, but it is incredibly easy
to use.
SENATOR GARY WILKEN asked how much a machine costs.
MS. APP replied that it costs around $800.
CHAIR DYSON asked what kind of servicing the machines need.
MS. APP answered that they need regular maintenance to make sure
the batteries are being charged and that the AED providers
(actual manufacturers) do yearly check-ups.
SENATOR BETTYE DAVIS moved CSSB 160(HES) from committee with
individual recommendations and its attached fiscal note. There
were no objections and it was so ordered.
CHAIR DYSON adjourned the meeting at 1:47 p.m.
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