Bill Text: CT SB00401 | 2018 | General Assembly | Introduced
Bill Title: An Act Concerning The Use Of Automatic External Defibrillators And Cardiopulmonary Resuscitation Certification Of Lifeguards.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-04-12 - File Number 469 [SB00401 Detail]
Download: Connecticut-2018-SB00401-Introduced.html
General Assembly |
Raised Bill No. 401 | ||
February Session, 2018 |
LCO No. 1927 | ||
*01927_______PH_* | |||
Referred to Committee on PUBLIC HEALTH |
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Introduced by: |
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(PH) |
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AN ACT CONCERNING THE USE OF AUTOMATIC EXTERNAL DEFIBRILLATORS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 52-557b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(a) (1) A person licensed to practice medicine and surgery under the provisions of chapter 370 or dentistry under the provisions of section 20-106 or members of the same professions licensed to practice in any other state of the United States, a person licensed as a registered nurse under section 20-93 or 20-94 or certified as a licensed practical nurse under section 20-96 or 20-97, a medical technician or any person operating a cardiopulmonary resuscitator or a person trained in cardiopulmonary resuscitation in accordance with the guidelines set forth by the American Red Cross or American Heart Association, or a person operating an automatic external defibrillator, who, voluntarily and gratuitously and other than in the ordinary course of such person's employment or practice, renders emergency medical or professional assistance to a person in need thereof, shall not be liable to such person assisted for civil damages for any personal injuries which result from acts or omissions by such person in rendering the emergency care, which may constitute ordinary negligence. A person or entity that provides or maintains an automatic external defibrillator shall not be liable for the acts or omissions of the person or entity in providing or maintaining the automatic external defibrillator, which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross, wilful or wanton negligence. With respect to the use of an automatic external defibrillator, the immunity provided in this subsection shall only apply to acts or omissions involving the use of an automatic external defibrillator in the rendering of emergency care. Nothing in this subsection shall be construed to exempt paid or volunteer firefighters, police officers or emergency medical services personnel from completing training in cardiopulmonary resuscitation or in the use of an automatic external defibrillator in accordance with the guidelines set forth by the American Red Cross or American Heart Association. For the purposes of this subsection, "automatic external defibrillator" means a device that: [(1)] (A) Is used to administer an electric shock through the chest wall to the heart; [(2)] (B) contains internal decision-making electronics, microcomputers or special software that allows it to interpret physiologic signals, make medical diagnosis and, if necessary, apply therapy; [(3)] (C) guides the user through the process of using the device by audible or visual prompts; and [(4)] (D) does not require the user to employ any discretion or judgment in its use.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, a person licensed to practice medicine and surgery under the provisions of chapter 370 or dentistry under the provisions of section 20-106 or members of the same professions licensed to practice in any other state of the United States, or a person licensed as a registered nurse under section 20-93 or 20-94 or certified as a licensed practical nurse under section 20-96 or 20-97, who operates an automatic external defibrillator in the ordinary course of such person's employment or practice to render emergency medical or professional assistance to a person in need thereof shall not be liable to such person assisted for civil damages for any personal injuries which result from the malfunctioning of the automatic external defibrillator, which malfunctioning may constitute ordinary negligence.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2018 |
52-557b(a) |
Statement of Purpose:
To protect physicians and other health care professionals who use automated external defibrillators in the scope of their practice or employment against civil liability when the automatic external defibrillator malfunctions.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]