Bill Text: FL S1394 | 2012 | Regular Session | Introduced

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Bill Title: Automated External Defibrillators

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-09 - Died in Health Regulation, companion bill(s) passed, see CS/CS/HB 801 (Ch. [S1394 Detail]

Download: Florida-2012-S1394-Introduced.html

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       Florida Senate - 2012                                    SB 1394
       
       
       
       By Senator Altman
       
       
       
       
       24-01018-12                                           20121394__
    1                        A bill to be entitled                      
    2         An act relating to automated external defibrillators;
    3         amending s. 401.2915, F.S.; encouraging a person or
    4         entity to notify the local public safety answering
    5         point regarding the location of the defibrillator in
    6         its possession; authorizing public safety
    7         telecommunicators to contact owners of defibrillators
    8         under certain circumstances involving coronary
    9         emergency calls; requiring certain entities to notify
   10         local emergency services medical directors of the
   11         locations of automated external defibrillators;
   12         requiring local emergency medical services medical
   13         directors to maintain registries of certain automated
   14         external defibrillator locations; amending s.
   15         768.1326, F.S.; directing the State Surgeon General,
   16         with the assistance of the Department of Management
   17         Services, to adopt rules to establish guidelines for
   18         the appropriate placement and deployment of automated
   19         external defibrillators in places of public assembly;
   20         providing a definition; providing exceptions;
   21         clarifying the scope of the requirements of the act;
   22         amending s. 1006.165, F.S.; requiring the placement of
   23         an automated external defibrillator in each public
   24         school in this state; requiring training of certain
   25         persons; requiring registration of such devices with
   26         local emergency medical services medical directors;
   27         providing an effective date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 401.2915, Florida Statutes, is amended
   32  to read:
   33         401.2915 Automated external defibrillators.—It is the
   34  intent of the Legislature that an automated external
   35  defibrillator may be used by a any person for the purpose of
   36  saving the life of another person in cardiac arrest. In order to
   37  achieve that goal, the Legislature intends to encourage training
   38  in lifesaving first aid and set standards for and encourage the
   39  use of automated external defibrillators.
   40         (1) As used in this section, the term:
   41         (a) “Automated external defibrillator” means a device as
   42  defined in s. 768.1325(2)(b).
   43         (b) “Defibrillation” means the administration of a
   44  controlled electrical charge to the heart to restore a viable
   45  cardiac rhythm.
   46         (2) In order to promote public health and safety:
   47         (a) All persons who use an automated external defibrillator
   48  are encouraged to obtain appropriate training, to include
   49  completion of a course in cardiopulmonary resuscitation or
   50  successful completion of a basic first aid course that includes
   51  cardiopulmonary resuscitation training, and demonstrated
   52  proficiency in the use of an automated external defibrillator.
   53         (b) A Any person or entity in possession of an automated
   54  external defibrillator is encouraged to notify the local
   55  emergency medical services medical director or the local public
   56  safety answering point, as defined in s. 365.172(3)(a), of the
   57  location of the automated external defibrillator. The owner,
   58  operator, or administrator responsible for a place of public
   59  assembly, as defined in s. 768.1326, shall notify the local
   60  emergency medical services medical director of the location of
   61  any automated external defibrillators. The state agency
   62  responsible for a building or portion of a building owned or
   63  leased by the state shall notify the local emergency medical
   64  services medical director of the location of any automated
   65  external defibrillators. The local emergency medical services
   66  medical director shall maintain a registry of these automated
   67  external defibrillator locations.
   68         (c) A Any person who uses an automated external
   69  defibrillator shall activate the emergency medical services
   70  system as soon as possible upon use of the automated external
   71  defibrillator.
   72         (d) Notwithstanding s. 365.171(12), a 911 public safety
   73  telecommunicator, as defined in s. 401.465, may contact any
   74  private person or entity who owns an automated external
   75  defibrillator and has notified the local emergency medical
   76  services medical director or public safety answering point of
   77  such ownership if a confirmed coronary emergency call is taking
   78  place and the location of the coronary emergency is within a
   79  reasonable distance from the location of the defibrillator and
   80  may provide the location of the coronary emergency to that
   81  person or entity.
   82         (3) A Any person who intentionally or willfully:
   83         (a) Tampers with or otherwise renders an automated external
   84  defibrillator inoperative, except during such time as the
   85  automated external defibrillator is being serviced, tested,
   86  repaired, recharged, or inspected or except pursuant to court
   87  order; or
   88         (b) Obliterates the serial number on an automated external
   89  defibrillator for purposes of falsifying service records,
   90  
   91  commits a misdemeanor of the first degree, punishable as
   92  provided in s. 775.082 or s. 775.083. Paragraph (a) does not
   93  apply to the owner of the automated external defibrillator or
   94  the owner’s authorized representative or agent.
   95         (4) Each local and state law enforcement vehicle may carry
   96  an automated external defibrillator.
   97         Section 2. Section 768.1326, Florida Statutes, is amended
   98  to read:
   99         768.1326 Placement of automated external defibrillators in
  100  state buildings and places of public assembly; rulemaking
  101  authority.—
  102         (1) No later than January 1, 2003, The State Surgeon
  103  General shall adopt rules to establish guidelines on the
  104  appropriate placement of automated external defibrillator
  105  devices in buildings or portions of buildings owned or leased by
  106  the state and places of public assembly, and shall establish, by
  107  rule, recommendations on procedures for the deployment of
  108  automated external defibrillator devices in such buildings and
  109  places of public assembly in accordance with the guidelines. The
  110  Secretary of Management Services shall assist the State Surgeon
  111  General in the development of the guidelines. The guidelines for
  112  the placement of the automated external defibrillators shall
  113  take into account the typical number of employees and visitors
  114  in the building or place of public assembly buildings, the
  115  extent of the need for security measures regarding the building
  116  or place of public assembly buildings, special circumstances in
  117  the building or a portion of the building buildings or portions
  118  of buildings such as high electrical voltages or extreme heat or
  119  cold, and such other factors as the State Surgeon General and
  120  Secretary of Management Services determine to be appropriate. As
  121  used in this section, the term “place of public assembly” means
  122  an educational facility used as an emergency shelter or a
  123  location that has a seating capacity of at least 1,000 people
  124  and includes, but is not limited to, any stadium, ballpark,
  125  gymnasium, field house, arena, civic center, or similar facility
  126  used for the conduct of sporting events and any concert hall,
  127  recital hall, theater, indoor or outdoor amphitheatre, or other
  128  auditorium used for the presentation of musical performances or
  129  concerts. The term does not include any church, synagogue, or
  130  other not-for-profit religious organization or any public
  131  association or public library. The State Surgeon General’s
  132  recommendations for deployment of automated external
  133  defibrillators in buildings or portions of buildings owned or
  134  leased by the state or in places of public assembly shall
  135  include:
  136         (a)(1) A reference list of appropriate training courses in
  137  the use of such devices, including the role of cardiopulmonary
  138  resuscitation;
  139         (b)(2) The extent to which such devices may be used by
  140  laypersons;
  141         (c)(3) Manufacturer recommended maintenance and testing of
  142  the devices; and
  143         (d)(4) Coordination with local emergency medical services
  144  systems regarding registration of automated external
  145  defibrillators and documentation of the incidents of use of the
  146  devices.
  147  
  148  In formulating these guidelines and recommendations, the State
  149  Surgeon General may consult with all appropriate public and
  150  private entities, including national and local public health
  151  organizations that seek to improve the survival rates of
  152  individuals who experience cardiac arrest.
  153         (2) This section does not:
  154         (a) Prohibit a county or municipal government from
  155  enacting, implementing, and enforcing any local ordinance that
  156  expands the requirements of this section for the placement of
  157  automated external defibrillators in a place of public assembly;
  158         (b) Mandate the placement of any automated external
  159  defibrillator in any place of public assembly; or
  160         (c) Authorize the adoption of rules, guidelines, or
  161  recommendations that would establish any legal standard of care
  162  in civil actions.
  163         Section 3. Section 1006.165, Florida Statutes, is amended
  164  to read:
  165         1006.165 Automated external defibrillator; user training.—
  166         (1) Each public school in this state that is a member of
  167  the Florida High School Athletic Association must have an
  168  operational automated external defibrillator on the school
  169  grounds. Public and private partnerships are encouraged to cover
  170  the cost associated with the purchase and placement of the
  171  defibrillator and training in the use of the defibrillator.
  172         (2) Each school must ensure that all employees or
  173  volunteers who are reasonably expected to use the device obtain
  174  appropriate training, including completion of a course in
  175  cardiopulmonary resuscitation or a basic first aid course that
  176  includes cardiopulmonary resuscitation training, and
  177  demonstrated proficiency in the use of an automated external
  178  defibrillator.
  179         (3) The location of each automated external defibrillator
  180  must be registered with a local emergency medical services
  181  medical director.
  182         (4) The use of automated external defibrillators by
  183  employees and volunteers is covered under ss. 768.13 and
  184  768.1325.
  185         Section 4. This act shall take effect July 1, 2012.