1999 State of Wyoming 99LSO-0363.E1

                              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

 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.


 6  Be It Enacted by the Legislature of the State of Wyoming:


 8       Section 1.  W.S. 35-25-101 through 35-25-103 are

 9  created to read:


11                                   CHAPTER 25



14       35-25-101.  Automated external defibrillators;

15  definitions.


17  (a)  As used in this article:

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 2            (i)  "Automated external defibrillator (AED)"

 3  means a medical device heart monitor and defibrillator that:


 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;


 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


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.


20       35-25-102.  Use of automated external defibrillator.


22       (a)  In order to ensure public health and safety, any

23  person who acquires an AED shall ensure that:


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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;


 9            (ii)  The AED is maintained and tested according

10  to the manufacturer's guidelines;


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;


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.


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.


 4       35-25-103.  Limited liability for use of automated

 5  external defibrillator.


 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.


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.


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 1       Section 2.  This act is effective July 1, 1999.


 3                                      (END)


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