ORIGINAL HOUSE                                     ENGROSSED
BILL NO. 0178

       ENROLLED ACT NO. 117, HOUSE OF REPRESENTATIVES
       
       FIFTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
                        1999 SESSION




AN ACT relating to public health and safety; providing for
the use of automated external defibrillators as specified;
providing immunity as specified; and providing for an
effective date.

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

     Section 1.  W.S. 35-25-101 through 35-25-103 are
created to read:

                         CHAPTER 25
              AUTOMATED EXTERNAL DEFIBRILLATORS

     35-25-101.  Automated external defibrillators;
definitions.

     (a)  As used in this article:

          (i)  "Automated external defibrillator (AED)"
means a medical device heart monitor and defibrillator that:

               (A)  Has received approval of its premarket
notification filed pursuant to U.S. Code, title 21, section
360(k) from the U.S. Food and Drug Administration;

               (B)  Is capable of recognizing the presence
or absence of ventricular fibrillation or rapid ventricular
tachycardia, and is capable of determining, without
intervention by an operator, whether defibrillation should
be performed; and

               (C)  Upon determining that defibrillation
should be performed, automatically charges and delivers, or
requests delivery of, an electrical impulse to an
individual's heart.

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

     (a)  In order to ensure public health and safety, any
person who acquires an AED shall ensure that:

          (i)  Expected defibrillator users receive
appropriate training in cardiopulmonary resuscitation (CPR)
and in the use of an AED by the American Heart Association,
American Red Cross or by another nationally recognized, or
Wyoming department of health recognized, course in CPR and
AED use and maintains currency through refresher training
every two (2) years;

          (ii)  The AED is maintained and tested according
to the manufacturer's guidelines;

(iii)  There is involvement of a licensed
physician    to    ensure   compliance   with   requirements for
training, emergency medical services notification and
maintenance.

     (b)  Any person who acquires an AED shall notify an
agent of the emergency communications center and the local
ambulance service of the existence, location and type of
AED.

     35-25-103.  Limited liability for use of automated
external defibrillator.

     (a)  Any person trained in accordance with W.S.
35-25-102(a)(i) who in good faith and without compensation
renders emergency care or treatment by the use of an AED
shall be immune from civil liability for any personal injury
as a result of such care or treatment, where the person's
actions do not amount to willful or wanton misconduct or
gross negligence.

     (b)  The prescribing physician who authorizes the
purchase of the AED, the individual who provides training in
cardiopulmonary resuscitation (CPR) and the use of an AED,
and the person responsible for the site where the AED is
located shall also be immune from civil liability for any
personal injury that results from any act or omission of
acts that do not amount to willful or wanton misconduct or
gross negligence if that person complies with the
requirements of W.S. 35-25-102.

     (c)  Any clinical use of the AED shall be reported to
the licensed physician.

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

                            (END)
                              
                              
                              
                              

Speaker of the House               President of the Senate


                Governor

                TIME APPROVED: _________
                DATE APPROVED: _________

I hereby certify that this act originated in the House.


Chief Clerk