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.