1999 State of Wyoming 99LSO-0363.E1
ENGROSSED
HOUSE BILL NO. HB0178
Automated external defibrillators.
Sponsored by: Representative(s) Diercks, Meuli, Rose, T. and
Tipton and Senator(s) Decaria and Miller
A BILL
for
1 AN ACT relating to public health and safety; providing for
2 the use of automated external defibrillators as specified;
3 providing immunity as specified; and providing for an
4 effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section 1. W.S. 35-25-101 through 35-25-103 are
9 created to read:
10
11 CHAPTER 25
12 AUTOMATED EXTERNAL DEFIBRILLATORS
13
14 35-25-101. Automated external defibrillators;
15 definitions.
16
17 (a) As used in this article:
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1
2 (i) "Automated external defibrillator (AED)"
3 means a medical device heart monitor and defibrillator that:
4
5 (A) Has received approval of its premarket
6 notification filed pursuant to U.S. Code, title 21, section
7 360(k) from the U.S. Food and Drug Administration;
8
9 (B) Is capable of recognizing the presence
10 or absence of ventricular fibrillation or rapid ventricular
11 tachycardia, and is capable of determining, without
12 intervention by an operator, whether defibrillation should
13 be performed; and
14
15 (C) Upon determining that defibrillation
16 should be performed, automatically charges and delivers, or
17 requests delivery of, an electrical impulse to an
18 individual's heart.
19
20 35-25-102. Use of automated external defibrillator.
21
22 (a) In order to ensure public health and safety, any
23 person who acquires an AED shall ensure that:
24
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1 (i) Expected defibrillator users receive
2 appropriate training in cardiopulmonary resuscitation (CPR)
3 and in the use of an AED by the American Heart Association
4 or by another nationally recognized, or Wyoming department
5 of health recognized, course in CPR and AED use and
6 maintains currency through refresher training every two (2)
7 years;
8
9 (ii) The AED is maintained and tested according
10 to the manufacturer's guidelines;
11
12 (iii) There is involvement of a licensed
13 physician to ensure compliance with requirements for
14 training, emergency medical services notification and
15 maintenance;
16
17 (iv) Any person who renders emergency care or
18 treatment on a person in cardiac arrest by using an AED
19 activates the emergency medical services system as soon as
20 possible, and reports any clinical use of the AED to the
21 licensed physician.
22
23 (b) Any person who acquires an AED shall notify an
24 agent of the emergency communications center and the local
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1 ambulance service of the existence, location and type of
2 AED.
3
4 35-25-103. Limited liability for use of automated
5 external defibrillator.
6
7 (a) Any person trained in accordance with W.S.
8 35-25-102(a)(i) who in good faith and without compensation
9 renders emergency care or treatment by the use of an AED
10 shall be immune from civil liability for any personal injury
11 as a result of such care or treatment, where the person's
12 actions do not amount to willful or wanton misconduct or
13 gross negligence.
14
15 (b) The prescribing physician who authorizes the
16 purchase of the AED, the individual who provides training in
17 cardiopulmonary resuscitation (CPR) and the use of an AED,
18 and the person responsible for the site where the AED is
19 located shall also be immune from civil liability for any
20 personal injury that results from any act or omission of
21 acts that do not amount to willful or wanton misconduct or
22 gross negligence if that person complies with the
23 requirements of W.S. 35-25-102.
24
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1 Section 2. This act is effective July 1, 1999.
2
3 (END)
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