Bill Text: NJ A772 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides immunity from civil liability to anyone who in good faith uses an automated external defibrillator in an emergency.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Judiciary Committee [A772 Detail]
Download: New_Jersey-2012-A772-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
Assemblywoman CONNIE WAGNER
District 38 (Bergen and Passaic)
Assemblywoman CAROLINE CASAGRANDE
District 11 (Monmouth)
Co-Sponsored by:
Assemblyman Rible, Assemblywoman Angelini, Assemblymen Diegnan, O'Scanlon and Schroeder
SYNOPSIS
Provides immunity from civil liability to anyone who in good faith uses an automated external defibrillator in an emergency.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the use of automated external defibrillators and amending P.L.1999, c.34.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1999, c.34 (C.2A:62A-23) is amended to read as follows:
1. The Legislature finds and declares that [more]:
a. More than 350,000 Americans die annually from out-of-hospital sudden cardiac arrest. Many die needlessly because life saving defibrillators are not immediately available. The American Heart Association estimates that almost 100,000 deaths could be prevented each year if defibrillators were more widely available to designated responders[. Many communities in this State have invested in 911 emergency telephone equipment, ambulances and the training of emergency personnel. Not all emergency personnel, however, have been trained in or have immediate access to defibrillators.];
b. It is the intent of the Legislature to encourage greater acquisition, deployment, and use of automated external defibrillators by trained personnel throughout this State; however, it should be noted that automated external defibrillators are extremely accurate computerized devices that can be operated by laypersons with minimal training;
c. In addition to their use by trained emergency personnel, automated external defibrillators can be used effectively by laypersons who are on-site to provide early defibrillation within the first minutes of sudden cardiac arrest to increase survival rates and thereby save many more victims of sudden cardiac arrest in this State each year; and
d. A major impediment to the use of automated external defibrillators by laypersons would be removed by providing limited immunity to lay rescuers who use defibrillators to provide emergency care and treatment to victims of sudden cardiac arrest.
(cf: P.L.1999, c.34, s.1)
2. Section 3 of P.L.1999, c.34 (C.2A:62A-25) is amended to read as follows:
3. A person or entity that acquires an automated external defibrillator shall:
a. Ensure that any person, who is anticipated by the person or entity that acquires the defibrillator to be in a position to render emergency care or treatment by the use of a defibrillator in the performance of that person's duties of employment or volunteer service, shall, prior to using that defibrillator, [has] have successfully completed and [holds] hold a current certification from the American Red Cross, American Heart Association or other training program recognized by the Department of Health and Senior Services in cardio-pulmonary resuscitation and use of a defibrillator;
b. Ensure that the defibrillator is maintained and tested according to the manufacturer's operational guidelines;
c. Notify the appropriate first aid, ambulance or rescue squad or other appropriate emergency medical services provider that the person or entity has acquired the defibrillator, the type acquired and its location; and
d. Prior to purchasing the automated external defibrillator, provide the prescribing licensed physician with documentation that the person or entity purchasing the defibrillator has a protocol in place to comply with the requirements of subsections a., b. and c. of this section.
(cf: P.L.1999, c.34, s.3)
3. Section 4 of P.L.1999, c.34 (C.2A:62A-26) is amended to read as follows:
4. a. [A person shall not use a defibrillator unless he has successfully completed and holds a current certification from the American Red Cross, American Heart Association or other training program recognized by the Department of Health and Senior Services in cardio-pulmonary resuscitation and use of a defibrillator; provided however, this section shall not be applicable to a person who is licensed as a paramedic, emergency medical technician-D, or a first responder-D by the Department of Health and Senior Services.] (Deleted by amendment, P.L. , c. )(pending before the Legislature as this bill)
b. Any person who uses a defibrillator shall request emergency medical assistance from the appropriate first aid, ambulance or rescue squad as soon as practicable.
(cf: P.L.1999, c.34, s.4)
4. Section 5 of P.L.1999, c.34 (C.2A:62A-27) is amended to read as follows:
5. a. Any person or entity who, in good faith, acquires or provides a defibrillator, renders emergency care or treatment by the use of a defibrillator or assists in or supervises such care or treatment, or attempts to use a defibrillator for the purpose of rendering emergency care or treatment, and[,] who has complied with the requirements of this act, shall be immune from civil liability for any personal injury as a result of such care or treatment, or as a result of any acts or omissions by the person or entity in providing, rendering, assisting in, or supervising the emergency care or treatment.
b. The immunity provided in subsection a. of this section shall include the prescribing licensed physician and the person or entity who provided [the] training in cardio-pulmonary resuscitation and use of the defibrillator to a person who uses or attempts to use a defibrillator.
c. This subsection shall not immunize a person for any act of gross negligence or willful or wanton misconduct. It shall not be considered gross negligence or willful or wanton misconduct to fail to use a defibrillator in the absence of an otherwise preexisting duty to do so.
(cf: P.L.1999, c.34, s.5)
5. This act shall take effect immediately.
STATEMENT
This bill amends P.L.1999, c.34 (C.2A:62A-23 et seq.) to strengthen the immunity provisions of that law with regard to the use of an automated external defibrillator (AED).
Specifically, the bill provides that any person who has access to an AED and in good faith uses or attempts to use the AED to provide emergency care or treatment - regardless of whether the person has received training in the use of an AED as set forth in the law - is immune from civil liability for any personal injury as a result of using or attempting to use the AED, or as a result of any acts or omissions by the person in the course of using the AED.
The immunity provided under the bill would not immunize a person for any act of gross negligence or willful or wanton misconduct. (Under the current law, it is not considered gross negligence or willful or wanton misconduct to fail to use a defibrillator in the absence of an otherwise preexisting duty to do so.)
The bill revises the provisions of the current law concerning training in the use of AEDs to require that a person or entity that acquires an AED ensure that any person, who is anticipated by the person or entity that acquires the AED to be in a position to render emergency care or treatment by the use of a defibrillator in the performance of that person's duties of employment or volunteer service, will, prior to using the AED, have successfully completed and hold a current certification from a training program recognized by the Department of Health and Senior Services (DHSS) in cardio-pulmonary resuscitation and use of a defibrillator.
In addition, the bill eliminates the statutory prohibition against a person using an AED unless the user has successfully completed and holds a current certification from a training program recognized by DHSS in cardio-pulmonary resuscitation and use of an AED.
The intent of this bill is to extend the immunity provided under the current law to members of the general public who use or attempt to use an AED at the scene of an emergency in good faith, even though they may not have received the training specified in the current law. The provisions of this bill are consistent with the current effort being made to disseminate AEDs as widely as possible among various public venues so that they will be available in the event of an emergency that requires their use.
