AED

cpr-aed

How Does It Work?
When patients become pulseless they go through a brief period in which their heart goes into a chaotic quivering due to erratic electrical activity. This is called ventricular fibrillation (VF). VF eventually deteriorates into a total absence of electrical activity, usually in about 10 to 15 minutes. Individuals who receive CPR and the AED within the first 3-5 minutes have the best chance to survive cardiac arrest. An AED delivers electrical current through heart muscle, temporarily ceasing all electrical activity in the heart, allowing the heart to resume in an organized pumping action instead of VF.

defib stats

EMS Response Time
EMS national response times average around 8-9 minutes. The American Heart Association estimates that for every minute that the patient is not defibrillated, they lose up to 10% off their chance of surviving. A bystander defibrillation, delivered moments after the arrest, can be much more successful. As a result, many companies have begun defibrillation projects. AED's are virtually standard in most industries these days. Most Fortune 500 companies already have them in their offices. AED's haven become common place in airports, commercial aircraft's, casinos fitness centers, houses of worship, and in schools just to name a few.

SND-flustered

How do I manage this program?
It's not terribly difficult to start an AED program provided an individual has the required degree of technical expertise, knowledge of equipment and attention to detail. While it is not out of the realm of the average safety coordinator or other employee, because of the time consumption, technical and maintenance requirements, many companies prefer to allow a consulting group such as ours handle the details. Since this type of management is relatively inexpensive, it allows you to have professional management that does not greatly affect your budget.




A successful AED program will:
Provide an AED unit appropriate to your setting Track and replace used or expiring supplies, such as batteries and electrodes Train a reasonable number of employees for your location Address compliance needs such as prescription and local EMS notification as necessary Provide post-event review and debriefing Upgrade and modernize existing equipment

digital-handshake

How can we help with your project?
Kentuckiana Training Center can help with all phases of your defibrillation project. If you would like to manage your own AED device, our involvement can be as simple as just selling the unit. If you would like program management, we can provide a more comprehensive service with sophisticated features that meet your facility needs.

customer-service

Available Comprehensive Services
AED unit sales, service, and parts
Medical Direction and/or prescription
Excellent training in CPR/AED, specific to the unit you purchase
Multi-state service and support for large clients with multiple locations
Ability to work with existing units, or to provide trade-ins for existing devices for newer ones
Purchase your AED program or lease it for a low monthly fee
Client project management on-line interface allows you to see your program at any time

Laws Regarding AED's
What are the current prescription requirements? For home users, there is one AED that has been exempted from the usual prescription requirement by the Food & Drug Administration (FDA). Some states also require medical direction/physician oversight for the use of the device. The physician extends his/her license to the group purchasing the service to shock the patient with 'doctor's orders', reviews the EKG after an event, and provides assistance and feedback after use.

Prescription Requirements
There is currently prescription requirement for all workplace programs, regardless of the brand of AED. This service is easily provided by medical direction services, and can be provided by Kentuckiana Training Center. Our purchased AED's already include the price of prescription. Our leased programs include medical direction service that includes post-event review should the AED be used. As a complete service provider, you won't have to worry about securing AED prescription when you work with Kentuckiana Training Center.

What are the regulations that enable AED use by non-clinicians?
States generally regulate that at the local level. Most of them are very simple laws that allow individuals with a 3-4 hour CPR/AED credential to use an AED. They even grant liability immunity to those using (and in some cases the organization purchasing) the AED. In fact, the greater legal concern these days is in not having an AED at a location where is was reasonable and prudent to have one. In summary, you can feel good about implementing an AED program at almost any location.

California Good Samaritan Act

California Good Samaritan Act

Note: Two sections (of the Business & Professional Code) apply to licensed medical providers, i.e. doctors & nurses. One section (of the Health & Safety Code) applies to EMS/FF/LEOs.

 

Ann.Cal.Bus. & Prof.Code §2395.

Emergency care at scene of accident

No licensee, who in good faith renders emergency care at the scene of an emergency, shall be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care.

“The scene of an emergency” as used in this section shall include, but not be limited to, the emergency rooms of hospitals in the event of a medical disaster. “Medical disaster” means a duly proclaimed state of emergency or local emergency declared pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).

Acts or omissions exempted from liability pursuant to this section shall include those acts or omissions which occur after the declaration of a medical disaster and those which occurred prior to such declaration but after the commencement of such medical disaster. The immunity granted in this section shall not apply in the event of a willful act or omission.

1990
(Added by Stats.1980, c. 1313, p. 4492, §2.)

 

Ann.Cal.Bus. & Prof.Code §2396. Emergency care for complication arising from prior care by another

No licensee, who in good faith upon the request of another person so licensed, renders emergency medical care to a person for medical complication arising from prior care by another person so licensed, shall be liable for any civil damages as a result of any acts or omissions by such licensed person in rendering such emergency medical care.

1990
(Added by Stats.1980, c. 1313, p. 4492, §2.)

 

Ann.Cal.Health & Safety Code §1799.106. Firefighters, law enforcement officers, emergency medical technicians; employing agencies

In addition to the provisions of Section 1799.104 of this code and of > Section 1714.2 of the Civil Code and in order to encourage the provision of emergency medical services by firefighters, police officers or other law enforcement officers, EMT-I, EMT-II, or EMT-P, a firefighter, police officer or other law enforcement officer, EMT-I, EMT-II, or EMT-P who renders emergency medical services at the scene of an emergency shall only be liable in civil damages for acts or omissions performed in a grossly neglgent manner or acts or omissions not performed in good faith. A public agency employing such a firefighter, police officer or other law enforcement officer, EMT-I, EMT-II, or EMT-P shall not be liable for civil damages if the firefighter, police officer or other law enforcement officer, EMT-I, EMT-II, or EMT-P is not liable.

(1990 Added by Stats.1980, c. 1260, p. 4276, §7. Amended by Stats.1983, c. 1246, §40.)

 

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California AED Bill

California AED Bill

SB 911 Senate Bill – CHAPTERED BILL NUMBER: SB 911

CHAPTERED BILL TEXT

CHAPTER JULY 23, 1999

FILED WITH SECRETARY OF STATE JULY 23, 1999

APPROVED BY GOVERNOR JULY 22, 1999

PASSED THE SENATE JULY 12, 1999

PASSED THE ASSEMBLY JULY 6, 1999

AMENDED IN ASSEMBLY JUNE 15, 1999

AMENDED IN SENATE APRIL 27, 1999

AMENDED IN SENATE APRIL 8, 1999

INTRODUCED BY Senator Figueroa

(Principal coauthor: Assembly Member Oller)

(Coauthors: Senators Alarcon, Morrow, Peace, Perata, Rainey, Schiff, Sher, and Solis)

(Coauthors: Assembly Members Baugh, Cardoza, Davis, Havice, Maddox, Romero, Torlakson, Washington, Wildman, and Zettel)

FEBRUARY 25, 1999

An act to add Section 1714.21 to the Civil Code, and to add Section 1797.196 to the Health and Safety Code, relating to emergency
care.

LEGISLATIVE COUNSEL’S DIGEST

SB 911, Figueroa. Emergency care: automatic external

defibrillator: acquisition and liability.

Existing law provides immunity from civil liability to any person

who, in good faith and without compensation or the expectation of

compensation, renders emergency care at the scene of an emergency.

Existing law expressly provides immunity from civil liability to any

person who completes a designated cardiopulmonary resuscitation (CPR)

course and who, in good faith, renders emergency cardiopulmonary

resuscitation at the scene of an emergency, without the expectation

of receiving compensation for providing the emergency care.

This bill would provide immunity from civil liability to (1) any

person who, in good faith and not for compensation renders emergency

care or treatment by the use of an automated external defibrillator

at the scene of an emergency, has completed a basic CPR and automated

external defibrillator (AED) use course that complies with

regulations adopted by the Emergency Medical Services (EMS) Authority

and the standards of the American Heart Association or the American

Red Cross for CPR and AED use, (2) a person or entity who provides

CPR and AED training to a person who renders emergency care pursuant

to (1), and (3) a physician who is involved with the placement of an

AED and any person or entity responsible for the site where an AED is

located if that physician, medical authority, person, or entity has

complied with certain requirements. The bill would provide that its

protections shall not apply in the case of personal injury or

wrongful death that results from the gross negligence or willful or

wanton misconduct of the person who renders emergency care or

treatment by the use of an AED.

Existing law, the Emergency Medical Services System and the

Prehospital Emergency Medical Care Personnel Act, authorizes the

Emergency Services Authority to establish minimum standards for the

training and use of automatic external defibrillators by individuals

not otherwise licensed or certified for the use of the device.

This bill would require any person who acquires an automatic

external defibrillator to comply with specified requirements in the

bill.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. It is the intent of the Legislature that an automated

external defibrillator may be used for the purpose of saving the life

of another person in cardiac arrest when used in accordance with

Section 1714.21 of the Civil Code.

SEC. 2. Section 1714.21 is added to the Civil Code, to read:

1714.21. (a) For purposes of this section, the following

definitions shall apply:

(1) “AED” or “defibrillator” means an automated or automatic

external defibrillator.

(2) “CPR” means cardiopulmonary resuscitation.

(b) A person who has completed a basic CPR and AED use course that

complies with regulations adopted by the Emergency Medical Services

(EMS) Authority and the standards of the American Heart Association

or the American Red Cross for CPR and AED use, and who, in good faith

and not for compensation, renders emergency care or treatment by the

use of an AED at the scene of an emergency shall not be liable for

any civil damages resulting from any acts or omissions in rendering

the emergency care.

(c) A person or entity who provides CPR and AED training to a

person who renders emergency care pursuant to subdivision (b) shall

not be liable for any civil damages resulting from any acts or

omissions of the person rendering the emergency care.

(d) A physician who is involved with the placement of an AED and

any person or entity responsible for the site where an AED is located

shall not be liable for any civil damages resulting from any acts or

omissions of a person who renders emergency care pursuant to

subdivision (b) if that physician, person, or entity has complied

with all requirements of Section 1797.196 of the Health and Safety

Code that apply to that physician, person, or entity.

(e) The protections specified in this section shall not apply in

the case of personal injury or wrongful death that results from the

gross negligence or willful or wanton misconduct of the person who

renders emergency care or treatment by the use of an AED.

(f) Nothing in this section shall relieve a manufacturer,

designer, developer, distributor, installer, or supplier of an AED or

defibrillator of any liability under any applicable statute or rule

of law.

SEC. 3. Section 1797.196 is added to the Health and Safety Code,

to read:

1797.196. (a) For purposes of this section, “AED” or

“defibrillator” means an automated or automatic external

defibrillator.

(b) In order to ensure public safety, any person who acquires an

AED shall do all of the following:

(1) Comply with all regulations governing the training, use, and

placement of an AED.

(2) Notify an agent of the local EMS agency of the existence,

location, and type of AED acquired.

(3) Ensure all of the following:

(A) That expected AED users complete a training course in

cardiopulmonary resuscitation and AED use that complies with

regulations adopted by the Emergency Medical Services (EMS) Authority

and the standards of the American Heart Association or the American

Red Cross.

(B) That the defibrillator is maintained and regularly tested

according to the operation and maintenance guidelines set forth by

the manufacturer, the American Heart Association, and the American

Red Cross, and according to any applicable rules and regulations set

forth by the governmental authority under the federal Food and Drug

Administration and any other applicable state and federal authority.

(C) That the AED is checked for readiness after each use and at

least once every 30 days if the AED has not been used in the

preceding 30 days. Records of these periodic checks shall be

maintained.

(D) That any person who renders emergency care or treatment on a

person in cardiac arrest by using an AED activates the emergency

medical services system as soon as possible, and reports any use of

the AED to the licensed physician and to the local EMS agency.

(E) That there is involvement of a licensed physician in

developing a program to ensure compliance with regulations and

requirements for training, notification, and maintenance.

(c) A violation of this provision shall not be subject to

penalties pursuant to Section 1798.206.

Florida AED Law

House Bill 411 – Passed 1997

(deletions removed)

Florida House of Representatives – 1997 HB 411
By Representative Byrd

1 A bill to be entitled
2 An act relating to medical transportation
3 services; amending s. 401.291, F.S.; revising
4 legislative intent with respect to automatic
5 external defibrillators; revising requirements
6 with respect to training and qualifications to
7 use an automatic or semiautomatic
8 defibrillator; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsections (1) and (2) of section 401.291,
13 Florida Statutes, are amended to read:
14 401.291 Automatic external defibrillators.–
15 (1) The Legislature finds that the provision of timely
16 emergency attention will save many lives. The Legislature
17 further finds that the use of automatic and semiautomatic
18 defibrillators may save the lives of many residents of the
19 state and recognizes that the incorrect or inappropriate use
20 of a defibrillatory shock could cause injury or death. It is
21 the intent of the Legislature to set minimum standards for
22 use, training, and medical control of automatic and
23 semiautomatic defibrillators and the use of these medical
24 devices in an out-of-hospital environment.
26 (2) An automatic or semiautomatic defibrillator may be
27 used by any individual who meets the requirements of this
28 section who has successfully completed an
2 appropriate training course as approved by the local emergency
3 medical services medical director. This requirement consists
4 of completion of a course in cardiopulmonary
5 resuscitation or successful completion of a basif first aid course that includes cardiopulmonary resuscitation
7 training, and demonstrated proficiency in the use of an
8 automatic or semiautomatic defibrillator, and to include instruction in:
11 (a) The proper use, maintenance, and periodic
12 inspection of the automatic or semiautomatic defibrillator.
13 (b) Defibrillator safety precautions to enable the
14 user to administer a shock without jeopardizing the safety of
15 the patient, the user, or other persons.
16 (c) Assessment of an unconscious person to determine
17 if cardiac arrest has occurred and the appropriateness of
18 applying an automatic or semiautomatic defibrillator.
19 (d) Recognizing that an electrical shock has been
20 delivered to the patient and that the defibrillator is no
21 longer charged.
22 (e) Rapid, accurate assessment of the patient’s
23 postshock status to determine if further activation of the
24 automatic or semiautomatic defibrillator is necessary.
25 (f) The operations of the local emergency medical
26 services system, including methods of access to the emergency
27 response system, the need to activate the EMS system as soon
28 as possible upon use of the automatic or semiautomatic
29 defibrillator,and interaction with emergency medical services
30 personnel.
31

1 (g) The role of the user and coordination with other
2 emergency medical service providers in the provision of
3 cardiopulmonary resuscitation, defibrillation, basic life
4 support, and advanced life support.
5 (h) The responsibility of the user to continue care
6 until the arrival of medically qualified personnel.
7 Section 2. This act shall take effect upon becoming a
8 law.
9
10 *****************************************
11 HOUSE SUMMARY
12 Revises the provision of law in the Raymond H. Alexander, 13 M.D., Emergency Medical Transportation Services Act dealing with automatic external defibrillators to revise 14 language with respect to legislative intent and to revise the requirements with respect to training and with 15 respect to individuals who may use automatic or semiautomatic defibrillators. See bill for details. 16

Florida Good Samaritan Law

768.13

Good Samaritan Act; immunity from civil liability.—

(1) This act shall be known and cited as the “Good Samaritan Act.”
(2)(a) Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment either in direct response to emergency situations related to and arising out of a public health emergency declared pursuant to s. 381.00315, a state of emergency which has been declared pursuant to s. 252.36 or at the scene of an emergency outside of a hospital, doctor’s office, or other place having proper medical equipment, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.
(b)1. Any hospital licensed under chapter 395, any employee of such hospital working in a clinical area within the facility and providing patient care, and any person licensed to practice medicine who in good faith renders medical care or treatment necessitated by a sudden, unexpected situation or occurrence resulting in a serious medical condition demanding immediate medical attention, for which the patient enters the hospital through its emergency room or trauma center, or necessitated by a public health emergency declared pursuant to s. 381.00315 shall not be held liable for any civil damages as a result of such medical care or treatment unless such damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of another.
2. The immunity provided by this paragraph does not apply to damages as a result of any act or omission of providing medical care or treatment:
a. Which occurs after the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient, unless surgery is required as a result of the emergency within a reasonable time after the patient is stabilized, in which case the immunity provided by this paragraph applies to any act or omission of providing medical care or treatment which occurs prior to the stabilization of the patient following the surgery; or
b. Unrelated to the original medical emergency.
3. For purposes of this paragraph, “reckless disregard” as it applies to a given health care provider rendering emergency medical services shall be such conduct which a health care provider knew or should have known, at the time such services were rendered, would be likely to result in injury so as to affect the life or health of another, taking into account the following to the extent they may be present;
a. The extent or serious nature of the circumstances prevailing.
b. The lack of time or ability to obtain appropriate consultation.
c. The lack of a prior patient-physician relationship.
d. The inability to obtain an appropriate medical history of the patient.
e. The time constraints imposed by coexisting emergencies.
4. Every emergency care facility granted immunity under this paragraph shall accept and treat all emergency care patients within the operational capacity of such facility without regard to ability to pay, including patients transferred from another emergency care facility or other health care provider pursuant to Pub. L. No. 99-272, s. 9121. The failure of an emergency care facility to comply with this subparagraph constitutes grounds for the department to initiate disciplinary action against the facility pursuant to chapter 395.
(c) Any person who is licensed to practice medicine, while acting as a staff member or with professional clinical privileges at a nonprofit medical facility, other than a hospital licensed under chapter 395, or while performing health screening services, shall not be held liable for any civil damages as a result of care or treatment provided gratuitously in such capacity as a result of any act or failure to act in such capacity in providing or arranging further medical treatment, if such person acts as a reasonably prudent person licensed to practice medicine would have acted under the same or similar circumstances.
(3) Any person, including those licensed to practice veterinary medicine, who gratuitously and in good faith renders emergency care or treatment to an injured animal at the scene of an emergency on or adjacent to a roadway shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.

History.–ss. 1, 2, ch. 65-313; s. 1, ch. 78-334; s. 62, ch. 86-160; s. 46, ch. 88-1; s. 4, ch. 88-173; s. 42, ch. 88-277; s. 1, ch. 89-71; s. 37, ch. 91-110; s. 33, ch. 93-211; s. 3, ch. 97-34; s. 1164, ch. 97-102; s. 2, ch. 2001-76; s. 3, ch. 2002-269.

Indiana AED Law

Senate Bill 171 – Passed 2/18/99

February 18, 1998
ENGROSSED
SENATE BILL No. 171
_____
DIGEST OF SB0171 (Updated February 17, 1998 12:27 pm – DI 78)
Citations Affected: IC 16-31; IC 34-4.
Synopsis: Defibrillator use and immunity. Requires a person or entity
who is not a physician, a hospital, an ambulatory outpatient surgical
center, a person providing health care in a hospital or ambulatory
outpatient surgical center, or a person or entity licensed or regulated by
the emergency medical services commission and who acquires an
automatic external defibrillator to: (1) ensure that defibrillator users
successfully complete an American Heart Association automated
external defibrillator course or the equivalent and an American Heart
Association cardiopulmonary resuscitation course or the equivalent,
taught by a national or state approved instructor; (2) ensure that the
defibrillator is maintained and tested according to the manufacturer’s
operational guidelines; and (3) enlist medical direction by a licensed
physician in the use of the defibrillator and cardiopulmonary
resuscitation. Requires a person or entity in possession of a defibrillator
to notify the ambulance service provider that serves the area where the
person or entity is located or the emergency medical services
commission of the acquisition and location of the defibrillator.
Requires a person who uses a defibrillator to contact the ambulance
service provider or a fire department that provides ambulance service
to the area as soon as practicable following the use of the defibrillator.
Provides that a person who in good faith gratuitously renders
emergency care involving the use of an automatic external defibrillator
is immune from civil liability for any damages resulting from an act or
omission not amounting to gross negligence or willful or wanton
misconduct. Provides that an individual, business, or organization that
allows a person who is an expected user to use the defibrillator of the
individual, business, or organization to render emergency medical care
is immune from civil liability for damages resulting from an act or
omission not amounting to gross negligence or wilful or wanton
misconduct by the user, or for acquiring or providing the automatic
external defibrillator to the user for the purpose of rendering the care.
Provides that a person or an entity required by law to fulfill certain
requirements in acquiring or using an automatic external defibrillator
must fulfill the requirements in order to be immune from civil liability
for use of the defibrillator.

February 18, 1998
Second Regular Session 110th General Assembly (1998)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 1997 General Assembly.

SENATE BILL No. 171
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 16-31-6.5 IS ADDED TO THE INDIANA CODE 1
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 2
UPON PASSAGE]: 3
Chapter 6.5. Automatic External Defibrillators 4
Sec. 1. This chapter applies only to persons who are subject to 5
the standards established by the commission under IC 16-31-2-9. 6
Sec. 2. This chapter does not apply to the following: 7
(1) A licensed physician. 8
(2) A hospital or an ambulatory outpatient surgical center. 9
(3) A person providing health care in a hospital or an 10
ambulatory outpatient surgical center licensed under 11
IC 16-21. 12
(4) A person or entity certified under IC 16-31-3. 13
Sec. 3. As used in this chapter, “defibrillator” means an 14
automatic external defibrillator. 15

Sec. 4. A person or entity acquiring a defibrillator shall do the 1
following: 2
(1) Ensure that expected defibrillator users successfully 3
complete an American Heart Association automated external 4
defibrillator course or the equivalent and an American Heart 5
Association cardiopulmonary resuscitation course or the 6
equivalent, taught by a national or state approved instructor. 7
The user of a defibrillator shall possess demonstrated 8
proficiency in defibrillation and cardiopulmonary 9
resuscitation. 10
(2) Ensure that the defibrillator is maintained and tested 11
according to the manufacturer’s operational guidelines. 12
(3) Enlist medical direction by a licensed physician in the use 13
of the defibrillator and cardiopulmonary resuscitation. 14
Sec. 5. A person or entity in possession of a defibrillator shall 15
notify the: 16
(1) ambulance service provider that serves the area where the 17
person or entity is located; or 18
(2) emergency medical services commission; 19
of the acquisition and location of the defibrillator. 20
Sec. 6. A person who uses a defibrillator is required to contact: 21
(1) the ambulance service provider; or 22
(2) a fire department that provides ambulance service; 23
for the area as soon as practicable following the use of the 24
defibrillator. 25
SECTION 2. IC 34-4-12-1.5, AS AMENDED BY P.L.219-1996, 26
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 27
UPON PASSAGE]: Sec. 1.5. (a) As used in this section, “gratuitously 28
renders emergency care” means the giving of emergency care, 29
including the use of an automatic external defibrillator, that was 30
volunteered without legal obligation on the part of the person rendering 31
the emergency care and for which the person rendering the emergency 32
care does not expect remuneration. Emergency care may not be 33
considered to be gratuitously rendered emergency care solely because 34
of the failure to send a bill for the emergency care. 35
(b) This section does not apply to services rendered by a health care 36
provider (as defined in IC 27-12-2-14) to a patient in a health care 37
facility (as defined in IC 27-8-10-1). 38
(c) Except as provided in subsection (d), a person who comes 39
upon the scene of an emergency or accident or is summoned to the 40
scene of an emergency or accident and, in good faith, gratuitously 41
renders emergency care at the scene of the emergency or accident is 42
immune from civil liability for any personal injury that results from: 1
(1) any act or omission by the person in rendering the emergency 2
care; or as a result of 3
(2) any act or failure to act to provide or arrange for further 4
medical treatment or care for the injured person; 5
except for acts or omissions amounting to gross negligence or willful 6
or wanton misconduct. 7
(d) This subsection applies to a person to whom IC 16-31-6.5 8
applies. A person who gratuitously renders emergency care 9
involving the use of an automatic external defibrillator is immune 10
from liability for any act or omission not amounting to gross 11
negligence or wilful or wanton misconduct if the person fulfills the 12
requirements set forth in IC 16-31-6.5. 13
(e) This subsection applies to an individual, business, or 14
organization to which IC 16-31-6.5 applies. An individual, business, 15
or organization that allows a person who is an expected user to use 16
an automatic external defibrillator of the individual, business, or 17
organization to in good faith gratuitously render emergency care 18
is immune from civil liability for any damages resulting from an 19
act or omission not amounting to gross negligence or wilful or 20
wanton misconduct by the user or for acquiring or providing the 21
automatic external defibrillator to the user for the purpose of 22
rendering the emergency care if the individual, business, or 23
organization and the user fulfill the requirements set forth in 24
IC 16-31-6.5. 25
SECTION 3. An emergency is declared for this act. 26
COMMITTEE REPORT
Mr. President: The Senate Committee on Corrections, Criminal and
Civil Procedures, to which was referred Senate Bill 171, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 2, line 3, delete “receive reasonable” and insert “successfully
complete an American Heart Association automated external
defibrillator course or the equivalent and an American Heart
Association cardiopulmonary resuscitation course or the
equivalent, taught by a national or state approved instructor.”.
Page 2, delete lines 4 through 5.
Page 2, line 6, delete “instructor.”.
Page 2, line 7, delete “defibrillator use” and insert “defibrillation”.
and when so amended that said bill do pass.
(Reference is to Senate Bill 171 as introduced.)
MEEKS, Chairperson
Committee Vote: Yeas 9, Nays 0.
SENATE MOTION
Mr. President: I move that Senators Craycraft and Antich be added
as coauthors of Senate Bill 171.
K. ADAMS

Indiana Good Samaritan Law

IC 16-31-6-1

IC 16-31-6 Chapter 6. Immunity From Liability

Sec. 1.
(a) An ambulance attendant or a certified emergency medical technician who provides emergency ambulance services to an emergency patient is not liable for an act or omission in providing those services unless the act or omission constitutes negligence or willful misconduct. If the attendant or technician is not liable for an act or omission, no other person incurs liability by reason of an agency relationship with the attendant or technician.
(b) This section does not affect the liability of a driver of an ambulance for negligent operation of the ambulance.

(As added by P.L.2-1993, SEC.14.)

IC 16-31-6-2
Sec. 2.

(a) Except for an act of negligence or willful misconduct, a certified first responder who uses an automatic or semiautomatic defibrillator on an emergency patient according to the training procedures established by the commission under IC 16-31-2-9 is immune from civil liability for acts or omissions when rendering those services.
(b) If the first responder is immune from civil liability for the first responder’s act or omission, a person who has only an agency relationship with the first responder is also immune from civil liability for the act or omission.

(As added by P.L.2-1993, SEC.14.)

IC 16-31-6-3

Sec. 3.

An act or omission of a paramedic or advanced emergency medical technician done or omitted in good faith while providing advanced life support to a patient or trauma victim does not impose liability upon the paramedic or advanced emergency medical technician, the authorizing physician, the hospital, or the officers, members of the staff, nurses, or other employees of the hospital or the local governmental unit if the advanced life support is provided:
(1) in connection with an emergency;
(2) in good faith; and
(3) under the written or oral direction of a licensed physician;
unless the act or omission was a result of negligence or willful misconduct.

(As added by P.L.2-1993, SEC.14.)

 

IC 16-31-6-4
Sec. 4.

(a) This section does not apply to an act or omission that was a result of gross negligence or willful or intentional misconduct.
(b) An act or omission of a paramedic, an advanced emergency medical technician, an emergency medical technician, or a person with equivalent certification from another state that is performed or made while providing advanced life support or basic life support to a patient or trauma victim does not impose liability upon the paramedic, the advanced emergency medical technician, the emergency medical technician, the person with equivalent certification from another state, a hospital, a provider organization, a governmental entity, or an employee or other staff of a hospital, provider organization, or governmental entity if the advanced life support or basic life support is provided in good faith:
(1) in connection with a disaster emergency declared by the governor under IC 10-4-1-7 in response to an act that the governor in good faith believes to be an act of terrorism (as defined in IC 35-41-1-26.5); and
(2) in accordance with the rules adopted by the Indiana emergency medical services commission or the disaster emergency declaration of the governor.
(As added by P.L.156-2001, SEC.3.)

 

IC 16-31-6.5 Chapter 6.5. Automatic External Defibrillators

IC 16-31-6.5-1

Sec. 1.

This chapter applies only to persons who are subject to the standards established by the commission under IC 16-31-2-9.

(As added by P.L.24-1998, SEC.1.)

Kentucky AED Act

SB 49

AN ACT related to the use of automated external defibrillators.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

SECTION 1. A NEW SECTION OF KRS CHAPTER 211 IS CREATED TO READ AS FOLLOWS:

It is the intent of the legislature that an automated external defibrillator may be used for the purpose of saving the life of another person in cardiac arrest when used in accordance with the provisions of Section 3 of this Act.

SECTION 2. A NEW SECTION OF KRS CHAPTER 211 IS CREATED TO READ AS FOLLOWS:

As used in Sections 1 to 5 of this Act, unless the context requires otherwise:

(1) “Automated external defibrillator” or “AED” means an external defibrillator capable of cardiac rhythm analysis which will charge and, with or without further operator action, deliver a shock after electronically detecting and assessing ventricular fibrillation or rapid ventricular tachycardia. These devices are known as fully or semiautomatic defibrillators;

(2) “Cardiopulmonary resuscitation” or “CPR” means a basic emergency procedure for life support, consisting of artificial respiration and manual external cardiac massage; and

(3) “Emergency medical service system” means the same as in KRS 211.950.

SECTION 3. A NEW SECTION OF KRS CHAPTER 211 IS CREATED TO READ AS FOLLOWS:

In order to ensure public health and safety:

(1) A person or entity who acquires an AED shall ensure that:

(a) Expected AED users receive American Heart Association or American Red Cross training in CPR and AED use, or an equivalent nationally recognized course in CPR and AED use;

(b) The AED is maintained and tested according to the manufacturer’s operational guidelines;

(c) There is medical oversight of the AED program by a physician licensed in Kentucky to ensure compliance with requirements for training, maintenance, notification, and communication with the local emergency medical services system. The physician providing oversight shall also work with the AED site to establish protocols for AED deployment and conduct a review of each use of an AED; and

(d) Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED activates the local emergency medical services system as soon as possible and, if an entity with an AED program, reports any clinical use of the AED to the licensed physician.

(2) Any person or entity who acquires an AED shall notify an agent of the local emergency medical services system and the local emergency communications or vehicle dispatch center of the existence, location, and type of AED acquired.

SECTION 4. A NEW SECTION OF KRS CHAPTER 211 IS CREATED TO READ AS FOLLOWS:

(1) Any person or entity, 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 the care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as a ordinary, reasonable prudent person would have acted under the same or similar circumstances.

(2) The immunity from civil liability for any personal injury under subsection (1) of this section includes the licensed physician who is involved with AED site placement, the person or entity who provides the CPR and AED site placement, the person or entity who provides the CPR and AED training, and the person or entity responsible for the site where the AED is located.

(3) The immunity from civil liability under subsection (1) of this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care.

(4) The requirements of Section 3 of this Act shall not apply to any individual using an AED in an emergency setting if that individual is acting as a good Samaritan under KRS 411.148 and KRS 313.257.

SECTION 5. A NEW SECTION OF KRS CHAPTER 211 IS CREATED TO READ AS FOLLOWS:

(1) The provisions of Sections 1 to 4 of this Act shall not apply to the use of an AED by:

(a) Physicians, podiatrists, or osteopaths licensed under KRS Chapter 311 or chiropractors licensed under KRS Chapter 312;

(b) Physician Assistants as defined in KRS 311.550;

(c) Registered nurses, practical nurses, or advanced registered nurse practitioners licensed under KRS Chapter 314;

(d) Dentists licensed under KRS Chapter 313; or

(e) Paramedics certified under KRS 311.654, or emergency medical technicians certified under KRS 211.964.

(2) Nothing in this section shall preclude the licensing boards referred to in Subsection (1) of this section from requiring continuing education or training on the use of an AED.

Kentucky Good Samaritan Act

KRS §411.148

NONLIABILITY OF LICENSEES AND CERTIFIED TECHNICIANS FOR EMERGENCY CARE

(1) No physician licensed under KRS Chapter 311, registered or practical nurse licensed under KRS Chapter 314, person certified as an emergency medical technician by the Kentucky Cabinet for Human Resources, person certified by the American Heart Association or the American Red Cross to perform cardiopulmonary resuscitation, or employee of any board of education established pursuant to the provision of > KRS 160.160, who has completed a course in first aid and who maintains current certification therein in accordance with the standards set forth by the American Red Cross shall be liable in civil damages for administering emergency care or treatment at the scene of an emergency outside of a hospital, doctor’s office, or other place having proper medical equipment excluding house calls, for acts performed at the scene of such emergency, unless such acts constitute willful or wanton misconduct.

(2) Nothing in this section applies to the administering of such care or treatment where the same is rendered for remuneration or with the expectation of remuneration.

(3) The administering of emergency care or treatment at the scene of an emergency by employees of a board of education shall not be considered to be rendered for remuneration or with the expectation of remuneration because such personnel perform such care as part of their regular professional or work responsibilities for which they receive their regular salaries from the school board which is their employer.

(1980)

Michigan AED Law

H.B. 4420 – Passed March 18, 1999

(deletions removed)
HOUSE BILL No. 4420
March 18, 1999, Introduced by Reps. Law, Richner, Rocca, Cassis, Faunce, Woronchak,
Green, Mortimer, Koetje, Toy, DeVuyst, Kelly, LaForge, Jelinek, Howell, DeHart, Van
Woerkom, Vear and Hager and referred to the Committee on Family and Civil Law.
A bill to amend 1963 PA 17, entitled
“An act to relieve certain persons from civil liability when
rendering emergency care, when rendering care to persons involved
in competitive sports under certain circumstances, or when par-
ticipating in a mass immunization program approved by the depart-
ment of public health,”
by amending section 4 (MCL 691.1504), as added by 1986 PA 21.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 4. (1) SUBJECT TO SUBSECTIONS (2) AND (5),
2 AN INDIVIDUAL who having no duty to do so in good faith volun-
3 tarily renders cardiopulmonary resuscitation to a
4 ANOTHER INDIVIDUAL IS not liable IN A CIVIL ACTION for
5 damages resulting from an act or omission in
6 rendering THE cardiopulmonary resuscitation, except an
7 act or omission THAT CONSTITUTES gross negligence
8 or WILLFUL and wanton misconduct.
00220’99 * CPD

2
1 (2) Subsection (1) APPLIES only to A CIVIL ACTION THAT IS filed or pending on or
3 after May 1, 1986.
4 (3) SUBJECT TO SUBSECTIONS (4) AND (5), AN INDIVIDUAL WHO
5 MEETS EITHER OF THE FOLLOWING REQUIREMENTS AND WHO IN GOOD FAITH
6 VOLUNTARILY RENDERS EMERGENCY SERVICES TO ANOTHER INDIVIDUAL
7 USING AN AUTOMATED EXTERNAL DEFIBRILLATOR IS NOT LIABLE IN A
8 CIVIL ACTION FOR DAMAGES RESULTING FROM AN ACT OR OMISSION IN
9 RENDERING THE EMERGENCY SERVICES USING THE AUTOMATED EXTERNAL
10 DEFIBRILLATOR, EXCEPT AN ACT OR OMISSION THAT CONSTITUTES GROSS
11 NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT:
12 (A) HAS NO DUTY TO RENDER THE EMERGENCY SERVICES TO THE
13 OTHER INDIVIDUAL.
14 (B) HAS SUCCESSFULLY COMPLETED NOT LESS THAN 4 HOURS OF
15 TRAINING IN THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR. THE
16 TRAINING MUST BE APPROVED BY THE DEPARTMENT OF CONSUMER AND
17 INDUSTRY SERVICES AND OFFERED OR APPROVED BY THE AMERICAN RED
18 CROSS, THE AMERICAN HEART ASSOCIATION, OR A COMPARABLE ORGANIZA-19
TION OR ASSOCIATION.
20 (4) SUBSECTION (3) APPLIES ONLY TO A CIVIL ACTION THAT IS
21 FILED OR PENDING ON OR AFTER JULY 1, 1999.
22 (5) THIS SECTION DOES NOT APPLY TO AN INDIVIDUAL WHO IS
23 LICENSED UNDER PART 209 OF THE PUBLIC HEALTH CODE, 1978 PA 368,
24 MCL 333.20901 TO 333.20979.
00220’99 * Final page. CPD

Michigan Good Samaritan Law

Act 368 of 1978 333.20965
Immunity from liability
Sec. 20965. (1) Unless an act or omission is the result of gross negligence or willful misconduct, the acts or omissions of a medical first responder, emergency medical technician, emergency medical technician specialist, paramedic, medical director of a medical control authority or his or her designee, or, subject to subsection (5), an individual acting as a clinical preceptor of a department-approved education program sponsor while providing services to a patient outside a hospital, in a hospital before transferring patient care to hospital personnel, or in a clinical setting that are consistent with the individual’s licensure or additional training required by the medical control authority including, but not limited to, services described in subsection (2), or consistent with an approved procedure for that particular education program do not impose liability in the treatment of a patient on those individuals or any of the following persons: (a) The authorizing physician or physician’s designee.

(b) The medical director and individuals serving on the governing board, advisory body, or committee of the medical control authority and an employee of the medical control authority.

(c) The person providing communications services or lawfully operating or utilizing supportive electronic communications devices.

(d) The life support agency or an officer, member of the staff, or other employee of the life support agency.

(e) The hospital or an officer, member of the staff, nurse, or other employee of the hospital.

(f) The authoritative governmental unit or units.

(g) Emergency personnel from outside the state.

(h) The education program medical director.

(i) The education program instructor-coordinator.

(j) The education program sponsor and education program sponsor advisory committee.

(k) The student of a department-approved education program who is participating in an education program-approved clinical setting.

(l) An instructor or other staff employed by or under contract to a department-approved education program for the purpose of providing training or instruction for the department-approved education program.

(m) The life support agency or an officer, member of the staff, or other employee of the life support agency providing the clinical setting described in subdivision (k).

(n) The hospital or an officer, member of the medical staff, or other employee of the hospital providing the clinical setting described in subdivision (k).

(2) Subsection (1) applies to services consisting of the use of an automated external defibrillator on an individual who is in or is exhibiting symptoms of cardiac distress.

(3) Unless an act or omission is the result of gross negligence or willful misconduct, the acts or omissions of any of the persons named below, while participating in the development of protocols under this part, implementation of protocols under this part, or holding a participant in the emergency medical services system accountable for department-approved protocols under this part, does not impose liability in the performance of those functions: (a) The medical director and individuals serving on the governing board, advisory body, or committees of the medical control authority or employees of the medical control authority.

(b) A participating hospital or freestanding surgical outpatient facility in the medical control authority or an officer, member of the medical staff, or other employee of the hospital or freestanding surgical outpatient facility.

(c) A participating agency in the medical control authority or an officer, member of the medical staff, or other employee of the participating agency.

(d) A nonprofit corporation that performs the functions of a medical control authority.

(4) Subsections (1) and (3) do not limit immunity from liability otherwise provided by law for any of the persons listed in subsections (1) and (3).

(5) The limitation on liability granted to a clinical preceptor under subsection (1) applies only to an act or omission of the clinical preceptor relating directly to a student’s clinical training activity or responsibility while the clinical preceptor is physically present with the student during the clinical training activity, and does not apply to an act or omission of the clinical preceptor during that time that indirectly relates or does not relate to the student’s clinical training activity or responsibility.

(History: Add. 1990, Act 179, Imd. Eff. July 2, 1990 ;–Am. 1997, Act 78, Imd. Eff. July 22, 1997 ;–Am. 1999, Act 199, Imd. Eff. Dec. 20, 1999 ;–Am. 2000, Act 375, Imd. Eff. Jan. 2, 2001 . Popular Name: Act 368)

New Jersey AED Law

CHAPTER 34
AN ACT concerning certain emergency medical services and supplementing Title 2A of the New
Jersey Statutes.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
C.2A:62A-23 Legislative findings relative to acquisition, deployment, use of automated external
defibrillators.
1. The Legislature finds that 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. It is the intent of the Legislature
to encourage greater acquisition, deployment and use of automated external defibrillators by
trained personnel throughout this State.
C.2A:62A-24 Definitions relative to acquisition, deployment, use of automated external
defibrillators.
2. As used in this act:
“Automated external defibrillator” or “defibrillator” means a medical device heart monitor and
defibrillator that:
a. Has received approval of its pre-market notification filed pursuant to 21 U.S.C. s.360 (k)
from the United States 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
requests delivery of an electrical impulse to an individual’s heart.
C.2A:62A-25 Responsibilities of person, entity acquiring automated external defibrillator.
3. A person or entity that acquires an automated external defibrillator shall:
a. Ensure that any person, prior to using that defibrillator, 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 cardiopulmonary
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.
C.2A:62A-26 Requirements for user of defibrillator.
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 cardiopulmonary
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 Sevices.
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.
C.2A:62A-27 Immunity from civil liability for user of defibrillator; exceptions.
P.L. 1999, CHAPTER 34
2
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 supervises such 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 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.
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.
6. This act shall take effect immediately.
Approved March 8, 1999.

New Jersey Good Samaritan Act

2A:62A-1.
Any individual, including a person licensed to practice any method of treatment of human ailments, disease, pain, deformity, mental or physical condition, or licensed to render service ancillary thereto, who in good faith renders emergency care at the scene of an accident or emergency to the victim or victims thereof, shall not be liable for any civil damages as a result of any act or omissions by such person in rendering the emergency care.L. 1986

New York AED Law

ARTICLE 30

EMERGENCY MEDICAL SERVICES

Section 3000. Declaration of policy and statement of purpose.

3000-a. Emergency medical treatment.

3000-b. Automated external defibrillators: Public access providers.

3001. Definitions.

3002. New York State emergency medical services council.

3002-a. State emergency medical advisory committee.

3003. Regional emergency medical services councils.

3003-a. EMS program agencies.

*3003-b. Emergency medical service training; cable television.

* Rpld. 98/12/30

*3004. Voluntary ambulance service and municipal ambulance service registration.

* NB Repealed 00/01/01

3004-a. Regional emergency medical advisory committees.

3005. Ambulance service certificates.

3005-a. Staffing standards; ambulance services and advanced life support first response services.

3006. Quality improvement program.

3007. Notice of alternative destination.

3008. Applications for determinations of public need.

3009. Continuation of existing services.

3010. Area of operation; transfers.

3011. Powers and duties of the department and the commissioner.

3012. Enforcement.

3013. Immunity from liability.

3014. Construction.

3015. Separability.

3016. Continuance of rules and regulations.

*3017. Emergency medical service, Suffolk county. * NB Repealed 99/01/01

3030. Advanced life support services.

3031. Advanced life support system.

3032. Rules and regulations.

S 3000. Declaration of policy and statement of purpose. The furnishing of medical assistance in an emergency is a matter of vital concern affecting the public health, safety and welfare. Prehospital emergency medical care, the provision of prompt and effective communication among ambulances and hospitals and safe and effective care and transportation of the sick and injured are essential public health services.

It is the purpose of this article to promote the public health, safety and welfare by providing for certification of all advanced life support first response services and ambulance services; the creation of regional emergency medical services councils; and a New York state emergency medical services council to develop minimum training standards for certified first responders, emergency medical technicians and advanced emergency medical technicians and minimum equipment and communication

standards for advanced life support first response services and ambulance services.

S 3000-a. Emergency medical treatment. 1. Except as provided in subdivision six of section six thousand six hundred eleven, subdivision two of section six thousand five hundred twenty-seven, subdivision one of section six thousand nine hundred nine and sections six thousand five hundred forty-seven and six thousand seven hundred thirty-seven of the education law, any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the

scene of an accident or other emergency outside a hospital, doctor’s office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person. Nothing in this section shall be deemed or construed to relieve a licensed physician, dentist, nurse, physical therapist or registered physician’s assistant from liability for damages for injuries or death caused by an act or omission on the part of such person while rendering professional services in the normal and ordinary course of his or her practice.

2. (i) A person who, or entity, partnership, corporation, firm or society that, purchases or makes available resuscitation equipment that facilitates first aid, as required by or pursuant to law or local law,

or (ii) the emergency health care provider with a collaborative agreement under section three thousand-b of this article with respect to an automated external defibrillator, shall not be liable for damages arising either from the use of that equipment by a person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or medical emergency, or from the use of defectively manufactured equipment; provided that this subdivision shall not limit the person’s or entity’s, partnership’s, corporation’s, firm’s society’s or the emergency health care provider’s

liability for his, her or its own negligence, gross negligence or intentional misconduct.

S 3000-b. Automated external defibrillators: Public access providers.

1. Definitions. As used in this section, unless the context clearly requires otherwise, the following terms shall have the following meanings:

(a) “Automated external defibrillator” means a medical device, approved by the United States food and drug administration, that: (i) is capable of recognizing the presence or absence, in a patient, of ventri-

cular fibrillation and rapid ventricular tachycardia; (ii) is capable of determining, without intervention by an operator, whether defibrillation should be performed on the patient; (iii) upon determining that defi-

brillation should be performed, automatically charges and requests delivery of an electrical impulse to the patient’s heart; and (iv) then, upon action by an operator, delivers an appropriate electrical impulse

to the patient’s heart to perform defibrillation.

(b) “Emergency health care provider” means (i) a physician with knowledge and experience in the delivery of emergency cardiac care; or (ii) a hospital licensed under article twenty-eight of this chapter that provides emergency cardiac care.

(c) “Public access defibrillation provider” means a person, firm, organization or other entity possessing or operating an automated external defibrillator pursuant to a collaborative agreement under this section.

(d) “Nationally-recognized organization” means a national organization approved by the department for the purpose of training people in use of an automated external defibrillator.

2. Collaborative agreement. A person, firm, organization or other entity may purchase, acquire, possess and operate an automated external defibrillator pursuant to a collaborative agreement with an emergency health care provider. The collaborative agreement shall include a written agreement that incorporates written practice protocols, and policies and procedures that shall assure compliance with this section. The public access defibrillation provider shall file a copy of the collaborative agreement with the department and with the appropriate regional council prior to operating the automated external defibrillator.

3. Possession and operation of automated external defibrillator. Possession and operation of an automated external defibrillator by a public access defibrillation provider shall comply with the following:

(a) No person may operate an automated external defibrillator unless the person has successfully completed a training course in the operation of an automated external defibrillator approved by a nationally-recognized organization or the state emergency medical services council, and the completion of the course was recent enough to still be effective under the standards of the approving organization. However, this section shall not prohibit operation of an automated external defibrillator, (i) by a health care practitioner licensed or certified under title VIII of the education law or a person certified under this article acting within his or her lawful scope of practice or (ii) by a person

acting pursuant to a lawful prescription.

(b) The public access defibrillation provider shall cause the automated external defibrillator to be maintained and tested according to applicable standards of the manufacturer and any appropriate government agency.

(c) The public access defibrillation provider shall notify the regional council of the existence, location and type of any automated external defibrillator it possesses.

(d) Every use of an automated external defibrillator on a patient shall be immediately reported to the appropriate local emergency medical services system, emergency communications center or emergency vehicle dispatch center as appropriate and promptly reported to the emergency health care provider.

(e) The emergency health care provider shall participate in the regional quality improvement program pursuant to subdivision one of section three thousand four-a of this article.

4. Application of other laws. (a) Operation of an automated external defibrillator pursuant to this section shall be considered first aid or emergency treatment for the purpose of any statute relating to liability.

(b) Operation of an automated external defibrillator pursuant to this section shall not constitute the unlawful practice of a profession under title VIII of the education law.

S 3001. Definitions. As used in this article, unless the context otherwise requires:

1. “Emergency medical service” means initial emergency medical assistance including, but not limited to, the treatment of trauma, burns, respiratory, circulatory and obstetrical emergencies.

2. “Ambulance service” means an individual, partnership, association, corporation, municipality or any legal or public entity or subdivision thereof engaged in providing emergency medical care and the

transportation of sick or injured persons by motor vehicle, aircraft or other forms of transportation to, from, or between general hospitals or other health care facilities.

3. “Voluntary ambulance service” means an ambulance service (i) operating not for pecuniary profit or financial gain, and (ii) no part of the assets or income of which is distributable to, or enures to the

benefit of, its members, directors or officers except to the extent permitted under this article.

4. “Voluntary advanced life support first response service” means advanced life support first response service (i) operating not for pecuniary profit or financial gain, and (ii) no part of the assets or

income of which is distributable to, or enures to the benefit of, its members, directors or officers except to the extent permitted under this article.

5. “Certified first responder” means an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of this article and who is responsible for

administration of initial life saving care of sick and injured persons.

6. “Emergency medical technician” means an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of this article and who is responsible for administration or supervision of initial emergency medical care and transportation of sick or injured persons.

7. “Advanced emergency medical technician” means an emergency medical technician who has satisfactorily completed an advanced course of training approved by the state council under regulations pursuant to section three thousand two of this article.

8. “State council” means the New York State emergency medical services council established pursuant to this article.

9. “Regional council” means a regional emergency medical services council established pursuant to this article.

10. “Enrolled member” means any member of a voluntary ambulance service or voluntary advanced life support first response service who provides emergency medical care or transportation of sick or injured persons without expectation of monetary compensation.

11. “Advanced life support care” means definitive acute medical care provided, under medical control, by advanced emergency medical technicians within an advanced life support system.

12. “Advanced life support system” means an organized acute medical care system to provide advanced life support care on site or en route to, from, or between general hospitals or other health care facilities.

13. “Advanced life support mobile unit” means an ambulance or advanced life support first response vehicle approved to provide advanced life support services pursuant to this article.

14. “Qualified medical and health personnel” means physicians, registered professional nurses and advanced emergency medical technicians competent in the management of patients requiring advanced

life support care.

15. “Medical control” means: (a) advice and direction provided by a physician or under the direction of a physician to certified first responders, emergency medical technicians or advanced emergency medical

technicians who are providing medical care at the scene of an emergency or en route to a health care facility; and (b) indirect medical control including the written policies, procedures, and protocols for

prehospital emergency medical care and transportation developed by the state emergency medical advisory committee, approved by the state emergency medical services council and the commissioner, and implemented by regional medical advisory committees.

16. “Regional medical advisory committee” means a group of five or more physicians, and one or more non-voting individuals representative of each of the following: hospitals, basic life support providers,

advanced life support providers and emergency medical services training sponsor medical directors approved by the affected regional emergency medical services councils.

17. “Advanced life support first response service” means an organization which provides advanced life support care, but does not transport patients.

18. “EMS program agency” means a not-for-profit corporation or municipality designated by the state council and approved by the affected regional council or councils to facilitate the development and

operation of an emergency medical services system within a region as directed by the regional council under this article.

19. “Operator” means any person who by reason of a direct or indirect ownership interest (whether of record or beneficial) has the ability, acting either alone or in concert with others with ownership interests, to direct or cause the direction of the management or policies of an ambulance service or advanced life support first response service.

20. “Mutual aid agreement” means a written agreement, entered into by two or more ambulance services or advanced life support first response services possessing valid ambulance service or advanced life support first response service certificates or statements of registration, for the organized, coordinated, and cooperative reciprocal mobilization of personnel, equipment, services, or facilities for back-up or support upon request as required pursuant to a written mutual aid plan. An ambulance service and advanced life support first response service may participate in one or more mutual aid agreements.

21. “Primary territory” means the geographic area or subdivisions listed on an ambulance service certificate or statement of registration within which the ambulance service may receive patients for transport.

S 3002. New York State emergency medical services council.

1. There is hereby created in the department of health the New York State emergency medical services council. The state council shall consist of

thirty-one members. Fourteen members to the state council shall be appointed by the commissioner and shall be representative of each geographic area of the state. At least one member shall be

representative of the interests of the general public. Other members shall be knowledgeable in various aspects of emergency medical services and shall include, but not be limited to, representatives of

voluntary ambulance services, advanced life support first response services, ambulance services operating for profit, municipal ambulance services, hospitals, a statewide organization representing volunteer fire services, municipal tax districts providing ambulance services, physicians, and nurses. The commissioner shall also appoint a representative from each regional council, from nominations received from the appropriate regional council. The members of the state council shall elect a chairperson from among the members of the state council by a majority vote of those present, who shall serve for a term of one year and until a successor is elected.

2. The state council shall have the power, by an affirmative vote of a majority of those present, subject to approval by the commissioner, to enact, and from time to time, amend and repeal, rules and

regulations establishing minimum standards for ambulance services, ambulance service certification, advanced life support first response services, the provision of prehospital emergency medical care, public

education, the development of a statewide emergency medical services system, the provision of ambulance services outside the primary territory specified in the ambulance services` certificate and the training, examination, and certification of certified first responders, emergency medical technicians, and advanced emergency medical technicians; provided, however, that such minimum standards must be consistent with the staffing standards established by section three thousand five-a of this article. Until January first, nineteen hundred ninety-seven, no minimum standards shall be established for services provided by a voluntary ambulance service operating solely pursuant to a statement of registration issued under section three thousand four. The curriculum for certified first responder training shall not exceed fifty-one hours including prerequisites. The state council shall have the same powers granted to regional councils by this article in any region of the state in which a regional council

has not been established.

2-a. In furtherance of the powers set forth in subdivision two of this section, the state council shall provide to the trustees of the state university of New York such information and recommendations as

may be requested by such trustees to assist such trustees` study of the feasibility of community colleges` and state university of New York agricultural and technical colleges` offering credit and

noncredit courses which would satisfy the educational requirements for certification and recertification of emergency medical technicians and advanced emergency medical technicians.

* 2-b. The commissioner, in consultation with the state emergency medical services council, shall develop a pilot program in at least six regions of the state (including the western New York and capital

regions) to allow emergency medical technicians and advanced emergency medical technicians who have been in continuous practice, who have demonstrated competence in applicable behavioral and performance objectives, and who have demonstrated completion of appropriate continuing education, to renew their certification under subdivision two of this section without requiring the completion of a written examination. In implementing this program the commissioner shall contract with and use the standards established by a nationally recognized organization that certifies emergency medical technicians and advanced emergency medical technicians. However, no pilot program shall include employees of a municipal ambulance service in cities with a population over one million. Renewals of certification under the demonstration program shall be deemed equivalent to renewals under subdivision two of this section for purposes of this article.

Within one year of developing the demonstration program and annually thereafter, the commissioner shall report to the legislature on the impact of the program on the quality of patient care, the

effectiveness of the program in retaining certified emergency medical technicians and advanced emergency medical technicians, and the feasibility of replacing the state’s certification program with a national certification program.

* NB Repealed 01/08/08

3. Upon appeal from the appropriate regional council, the state council shall have the power, by an affirmative vote of a majority of those present, to amend, modify and reverse determinations of the

regional councils made pursuant to subdivision five of section three thousand three and section three thousand eight of this article. All determinations of the state council respecting applications for

ambulance service certificates or statements of registration or respecting the revocation, suspension (except temporary suspension), limitation or annulment of an ambulance service certificate shall be

subject to review as provided in article seventy-eight of the civil practice law and rules. Application for such review must be made within sixty days after service in person or by registered or

certified mail of a copy of the determination upon the applicant or holder of the certificate.

3-a. Upon appeal from the applicant, the department, or any concerned party, the state council shall have the power, by an affirmative vote of a majority of those present, to amend, modify and

reverse determinations of the regional councils made pursuant to subdivision five-a of section three thousand three of this article.

All determinations of the state council with respect to exemptions shall be subject to review as provided in article seventy-eight of the civil practice law and rules. Application for such review must be made

within sixty days after service in person or by registered or

4. The term of office of each member shall be two years. Vacancies shall be filled by appointment for the remainder of an unexpired term. The members shall continue in office until the expiration of their

terms and until their successors are appointed and have qualified. No member shall be appointed to the state council for more than four consecutive terms.

5. The state council shall meet as frequently as its business may require. The presence of a majority of the members shall constitute a quorum. The members of the state council shall receive no

compensation for their services as members, but each shall be allowed the necessary and actual expenses incurred in the performance of his or her duties under this section.

6. The commissioner, upon request of the state council, shall designate an officer or employee of the department to act as secretary of the state council, and shall assign from time to time such other

employees as the state council may require.

7. No civil action shall be brought in any court against any member, officer or employee of the state council for any act done, failure to act, or statement or opinion made, while discharging his or her duties

as a member, officer or employee of the state council, without leave from a justice of the Supreme Court, first had and obtained. In no event shall such member, officer or employee be liable for damages in

any such action if he or she shall have acted in good faith, with reasonable care and upon probable cause.

8. The state council shall, after consultation with the department and the regional councils, forward to the commissioner not later than December first an estimate of the amounts needed to provide adequate

funding for emergency medical services training including advanced life support at the local level, regional medical emergency services councils, emergency medical services program agencies, the state emergency medical services council or other emergency medical services training programs to carry out the purposes of this article and article thirty-A of this chapter. Such estimate shall be transmitted

without change by the commissioner to the governor, the division of the budget, the temporary president of the senate, the speaker of the assembly, and the fiscal and health committees of each house of the

legislature.

S 3002-a. State emergency medical advisory committee. 1. There shall be a state emergency medical advisory committee of the state emergency medical services council consisting of twenty-nine members. Twenty-one members shall be physicians appointed by the commissioner, including one from each regional emergency medical advisory committee and an additional physician from the city of New York and at least one pediatrician, one trauma surgeon, and one psychiatrist. Each of the

physicians shall have demonstrated knowledge and experience in emergency medical services. There shall be eight non-physician non-voting members appointed by the chairperson of the state council, at least five of whom shall be members of the state emergency medical services council at the time of their appointment. At least one of the eight shall be an emergency nurse, at least one shall be an advanced emergency medical technician, at least one shall be a basic emergency medical technician,

and at least one shall be employed in a hospital setting with administrative responsibility for a hospital emergency department or service. The commissioner shall appoint a physician to chair the

committee.

2. The committee shall develop and recommend to the state council statewide minimum standards for: (a) medical control; (b) treatment, transportation and triage protocols, including protocols for invasive

procedures and infection control; and (c) the use of regulated medical devices and drugs by emergency medical services personnel certified pursuant to this article. The state emergency medical advisory

committee, with the consent of the commissioner, may issue advisory guidelines in any of these areas, which shall not have the force and effect of law unless adopted as rules and regulations by the state

emergency medical services council. The state emergency medical advisory committee shall advise the state emergency medical services council prior to the issuance of any guidelines. The committee shall also review protocols developed by regional emergency medical advisory committees for consistency with statewide standards.

2-a. Any decision of the state emergency medical advisory committee regarding medical control, protocols for treatment, triage, or transportation, or the use of regulated medical devices may be appealed to the commissioner by any required regional emergency medical services council, regional emergency medical advisory committee, ambulance service or advanced life support service, or certified first responder, emergency medical technician, or advanced emergency medical technician

adversely affected.

3. Each member shall have a term of two years, except that five of those first appointed shall have a term of three years. Members may succeed themselves.

4. The committee shall meet as frequently as its business may require. The presence of a majority of the members shall constitute a quorum. The members of the committee shall receive no compensation for their services as members, but each shall be allowed the necessary and actual expenses incurred in the performance of his or her duties under this section.

5. No civil action shall be brought in any court against any member, officer or employee of the committee for any act done, failure to act, or statement or opinion made, while discharging his or her duties as a member, officer, or employee of the committee, without leave from a justice of the supreme court, first had and obtained. In no event shall such member, officer, or employee be liable for damages in any such action if he or she shall have acted in good faith, with reasonable care and upon probable cause.

3003. Regional emergency medical services councils. 1. The commissioner, with the approval of the state council, shall designate regional emergency medical services councils on or before January first,

nineteen hundred seventy-eight but in no event shall the number of regional councils exceed eighteen. Such regional councils shall be established on the basis of application for designation as regional

councils submitted by local organizations, the members of which are knowledgeable in various aspects of emergency medical services. Such application shall describe the geographic area to be served and contain a list of nominees for appointment to membership on such regional councils and a statement as to the proposed method of operation in such detail as the commissioner, with the approval of the state council, shall prescribe.

2. Each regional council shall be comprised of at least fifteen but not more than thirty members to be initially appointed by the commissioner, with the approval of the state council, from nominations submitted by local organizations applying for establishment as the regional council. Not less than one-third of the membership of the regional councils shall be representatives of ambulance services and the remaining membership of the regional councils shall consist of, but not

be limited to, representatives of existing local emergency medical care committees, physicians, nurses, hospitals, health planning agencies, fire department emergency and rescue squads, public health officers and the general public. The county EMS coordinator, established pursuant to section two hundred twenty-three-b of the county law, of any county within the region shall serve as an ex officio member of the regional council; provided, however, nothing in this subdivision shall prevent a county EMS coordinator from serving as a voting member of a regional council. Members of each regional council shall be residents living within the geographic area to be served by the regional council. The presence of a majority of members shall constitute a quorum.

3. Each regional council shall have the power to: (a) have a seal and alter the same at pleasure;

(b) acquire, lease, hold, and dispose of real and personal property or any interest therein for its purposes;

(c) make and alter by-laws for its organization and internal management, and rules and regulations governing the exercise of its powers and the fulfillment of its purposes under this article; such

rules and regulations must be filed with the secretary of state and the state EMS council;

(d) enter into contracts for employment of such officers and employees as it may require for the performance of its duties; and to fix and determine their qualifications, duties, and compensation, and to retain and employ such personnel as may be required for its purposes; and private consultants on a contract basis or otherwise, for the rendering of professional or technical services and advice;

(e) enter into contracts, leases, and subleases and to execute all instruments necessary or convenient for the conduct of its business, including contracts with the commissioner and any state agency or

municipal entity; and contracts with hospitals and physicians for the purposes of carrying out its powers under this article; (f) undertake or cause to be undertaken plans, surveys, analyses and studies necessary, convenient or desirable for the effectuation of its purposes and powers, and to prepare recommendations and reports in regard thereto; (g) fix and collect reasonable fees, rents, and other charges for the use of its equipment and the provision of its services; (h) contract for and to accept any gifts or grants, subsidies, or loans of funds or property, or financial or other aid in any form from the federal or state government or any agency or instrumentality thereof; or from any other source, public or private, and to comply, subject to the provisions of this article, with the terms and conditions thereof; provided, however, that the councils may contract for payment of debt evidenced by bonds or notes or other evidence of indebtedness, either directly or through a lease purchase agreement; (i) recommend to the department approval of training course sponsors within its region, and to develop, promulgate and implement annually an EMS training plan which addresses the needs of its region; (j) enter into contracts or memoranda of agreement with other regional councils to provide services in a joint or cooperative manner; and to enter into contracts or memoranda of agreement with an EMS program agency to carry out one or more of its responsibilities under this article;

(k) procure insurance against any loss or liability in connection with the use, management, maintenance, and operation of its equipment and facilities, in such amounts and from such insurers as it reasonably

deems necessary; (l) approve regional medical advisory committee nominees; (m) provide focused technical assistance and support to those voluntary ambulance services operating under exemptions, to assist such services in progressing toward the uniform standards established pursuant to this section. Such assistance and support shall include, but not be limited to, volunteer recruitment and management training; and (n) do all things necessary, convenient and desirable to carry out its

purposes and for the exercise of the powers granted in this article.

4. Each regional council shall have the responsibility to coordinate emergency medical services programs within its region, including but not limited to, the establishment of emergency medical technician courses and the issuance of uniform emergency medical technician insignia and certificates.

5. The regional council shall have the responsibility to make determinations of public need for the establishment of additional emergency medical services and ambulance services and to make the

determinations of public need as provided in section three thousand eight. The regional council shall make such determination by an affirmative vote of a majority of all of those members consisting of

voting members.

5-a. The regional emergency medical services council is authorized to grant an exemption from the staffing standards set forth in section three thousand five-a of this article to a voluntary ambulance service operating solely with enrolled members or paid emergency medical technicians which has demonstrated a good faith effort to meet the standards and is unable to meet such standards because of factors deemed appropriate by the regional council. An exemption shall be for a period not to exceed two years and shall be conditioned on the participation by the voluntary service in a program to achieve compliance which shall include technical assistance and support from the regional council tailored to the needs and resources at the local level, as provided by paragraph (m) of subdivision three of this section, to be funded by the New York state emergency medical services training account established pursuant to section ninety-seven-q of the state finance law, such account as funded by a chapter of the laws of nineteen hundred ninety-three. Nothing shall prevent the regional council from issuing subsequent exemptions. Such exemptions shall have no effect whatsoever on the insurability of the organization receiving such exemption and such exemption shall not be used as a basis for increasing insurance

rates or premiums related thereto, notwithstanding any other provision of law, rule, regulation, or commissioner’s ruling or advisory to the contrary. Prior to issuing an exemption, the regional council shall provide written notice by certified mail to the chief executive officers of all general hospitals and municipalities in the county or counties within which the service requesting an exemption operates. Such notice shall provide opportunity for comment on the issuance of the exemption. Notice of the determination of the regional council shall be provided within ten days of the determination to the applicant, the department, and any party receiving notification of the application who requests notice of the determination. The applicant, the department, or any concerned party may appeal the determination of the regional council to the state council within thirty days after the regional council makes its determination.

6. The term of office of members of the regional council shall be four years, except that of those members first appointed, at least one-half but not more than two-thirds shall be for terms not to exceed two years.

7. Each regional council shall meet as frequently as its business may require.

8. The commissioner, upon request of the regional council, may designate an officer or employee of the department to act as secretary of the regional council, and may assign from time to time such other

employees as the regional council may require.

9. No civil action shall be brought in any court against any member, officer or employee of any designated regional council for any act done, failure to act, or statement or opinion made, while discharging his duties as a member, officer or employee of the regional council, without leave from a justice of the supreme court, first had and obtained. In any event such member, officer or employee shall not be liable for damages in any such action if he shall have acted in good faith, with reasonable care and upon probable cause.

10. (a) The department shall provide each regional council with the funds necessary to enable such regional council to carry out its responsibilities as mandated under this section within amounts

appropriated therefor.

(b) Such funds shall be provided upon approval by the department of an application submitted by a regional council. The application shall contain such information and be in such form as the commissioner shall require pursuant to rules and regulations which he shall promulgate

after consultation with the state council in order to effect the

purposes and provisions of this subdivision.

S 3003-a. EMS program agencies. 1. As provided by agreement with the commissioner or regional councils based on needs identified by the regional emergency medical services councils, an EMS program agency maybe responsible for facilitating quality improvement of emergency medical

care within its region, staffing the regional emergency medical advisory committees provided for in section three thousand four-a of this article, providing prehospital education programs approved by the department, and other activities to support and facilitate regional emergency medical services systems.

2. The programs developed by the agencies established by subdivision one of this section shall be implemented beginning in nineteen hundred ninety-three using funds collected by the New York state emergency medical services training account, established within the miscellaneous special revenue fund – 339 by section ninety-seven-q of the state finance law.

3. The portion of the funds collected by the emergency medical services training New York state account, established and allocated within the miscellaneous special revenue fund – 339 by section

ninety-seven-q of the state finance law, shall be adequate to support the costs incurred in implementing the programs described in subdivision one of this section.

* S 3003-b. Emergency medical service training; cable television. Notwithstanding any other provision of law to the contrary, the department shall allocate funds from the New York State emergency medical

services training account established pursuant to section ninety-seven-q of the state finance law for the purpose of establishing a pilot projection the county of Orange under the control and supervision of the HudsonValley emergency medical service council for the purpose of providing training to emergency medical services field providers by means of cable television or other broadcast medium programming produced by a group such as the Fire Training Education Network. The Hudson Valley emergency

medical service council shall on or before December fifteenth, two thousand prepare and file with the commissioner and the state council a report with recommendations concerning, among other things, the effectiveness of such programming in training emergency medical services field providers.

* NB Repealed 00/12/30

* S 3004. Voluntary ambulance service and municipal ambulance service registration. 1. No voluntary ambulance service or municipal ambulance service shall operate on or after the first day of September, nineteen hundred seventy-five unless it possesses a valid voluntary ambulance service statement of registration or valid municipal ambulance service statement of registration issued pursuant to this article.

2. The department shall issue a statement of registration to a voluntary ambulance service or to a municipal ambulance service upon its compliance with section three thousand nine.

3. A voluntary ambulance service or a municipal ambulance service commencing operation after April first, nineteen hundred seventy-five shall obtain approval of the appropriate regional council, or if there

is no appropriate regional council established, a voluntary ambulance service or a municipal ambulance service shall apply for approval from the state council as to the public need for the establishment of

additional emergency medical services pursuant to section three thousand eight prior to the issuance of a statement of registration.

4. Applications for a statement of registration shall be made by the responsible official of a voluntary ambulance service or a municipal ambulance service upon forms provided by the department.

5. This section shall not apply to municipal ambulance services of a city of over one million population. Such ambulance services shall be subject to the provisions of section three thousand five.

* NB Repealed 00/01/01

S 3004-a. Regional emergency medical advisory committees. 1. Regional emergency medical advisory committees shall develop policies, procedures, and triage, treatment, and transportation protocols which are consistent with the standards of the state emergency medical advisory committee and which address specific local conditions. regional emergency medical advisory committees may also approve physicians to provide on line medical control, coordinate the development of regional medical control systems, and participate in quality improvement activities addressing system-wide concerns. Hospitals and prehospital medical care services shall be authorized to release patient outcome information to regional emergency medical advisory committees for purposes of assessing prehospital care concerns. Regional quality improvement programs shall be presumed to be an extension of the quality improvement program set forth in section three thousand six of this article, and the provisions of subdivisions two and three of such section three thousand six shall apply to such programs.

2. The committee shall nominate to the commissioner a physician with demonstrated knowledge and experience in emergency medical services to serve on the state emergency medical advisory committee.

3. No civil action shall be brought in any court against any member, officer or employee of the committee for any act done, failure to act, or statement or opinion made, while discharging his or her duties as a

member, officer, or employee of the committee, without leave from a justice of the Supreme Court, first had and obtained. In no event shall such member, officer, or employee be liable for damages in any such

action if he or she shall have acted in good faith, with reasonable care and upon probable cause.

4. Any decision of a regional emergency medical advisory committee regarding provision of a level of care, including staffing requirements, may be appealed to the state emergency medical advisory committee by any regional EMS council, ambulance service, advanced life support service, certified first responder, emergency medical technician, or advanced emergency medical technician adversely affected. No action shall betaken to implement a decision regarding existing levels of care or staffing while an appeal of such decision is pending. Any decision of the state emergency medical advisory committee may be appealed pursuant to subdivision two-a of section three thousand two-a of this article.

S 3005. Ambulance service certificates. 1. No ambulance service operating for profit, hospital ambulance service or municipal ambulance service of a city of over one million population shall operate on or after September first, nineteen hundred seventy-five unless it possesses valid ambulance service certificate issued pursuant to this article. Effective January first, nineteen hundred ninety-seven, no ambulance service shall be operated unless it possesses a valid ambulance service operating certificate issued pursuant to this article or has been issued a statement of registration. No advanced life support first response service shall operate unless it possesses a valid advanced life support first responder service operating certificate. Effective January first, two thousand, no ambulance service shall be operated unless it possesses a valid operating certificate.

2. The department shall issue an initial certificate to an ambulance service certified prior to the effective date of this section upon submission of proof that it is the holder of a valid ambulance service

certificate and is otherwise in compliance with provisions of section three thousand nine of this article.

2-a. Prior to January first, two thousand, the department shall issue an initial certificate to a registered ambulance service in possession of a valid registration provided that such service has been issued an

exemption issued by a regional council pursuant to subdivision five-a of section three thousand three of this article.

3. The department shall issue an initial certificate to an advanced life support first response service upon submission of proof that such advanced life support first response service is staffed and equipped in

accordance with rules and regulations promulgated pursuant to this article and is otherwise in compliance with provisions of section three thousand nine of this article.

4. A certificate issued to an ambulance service or advanced life support first response service shall be valid for two years. The initial certification fee shall be one hundred dollars. Thereafter the biennial

fee shall be in accordance with the schedule of fees established by the commissioner pursuant to this article. However, there shall be no initial or renewal certification fee required of a voluntary ambulance

service or voluntary advanced life support first response service.

5. No initial certificate (except initial certificates issued pursuantto subdivision two of this section) shall be issued unless the commissioner finds that the proposed operator or operators are competent

and fit to operate the service and that the ambulance service or advanced life support first response service is staffed and equipped in accordance with rules and regulations promulgated pursuant to this

article.

6. No ambulance service or advanced life support first response service shall begin operation without prior approval of the appropriate regional council, or if there is no appropriate regional council

established such ambulance service or advanced life support first response service shall apply for approval from the state council as to the public need for the establishment of additional ambulance service or advanced life support first response service, pursuant to section three thousand eight of this article.

7. Applications for a certificate shall be made by the owner of an ambulance service or advanced life support first response service operating for profit or the responsible official o a voluntary

ambulance service or advanced life support first response service upon forms provided by the department. The application shall state the name and address of the owner and such other information as the department may require pursuant to rules and regulations.

8. For purposes of this article, competent means that any proposed operator of any ambulance service or advanced life support first response service who is already or had been within the last ten years an

incorporator, director, sponsor, principal stockholder, or operator of any ambulance service, hospital, private proprietary home for adults, residence for adults, or non-profit home for the aged or blind which has

been issued an operating certificate by the state department of social services, or a halfway house, hostel, or other residential facility or institution for the care, custody, or treatment of the mentally disabled

subject to the approval by the department of mental hygiene, or any invalid coach service subject to approval by the department of transportation, is rendering or did render a substantially consistent

high level of care. For purposes of this subdivision, the state emergency medical services council shall adopt rules and regulations, subject to the approval of the commissioner, to establish the criteria

to be used to define substantially consistent high level of care with respect to ambulance services, advanced life support first response services, and invalid coaches, except that the commissioner may not find that a consistently high level of care has been rendered where there have been violations of the state EMS code, or other applicable rules and regulations, that (i) threatened to directly affect the health,

safety, or welfare of any patient, and (ii) were recurrent or were not promptly corrected. For purposes of this article, the rules adopted by the state hospital review and planning council with respect to

subdivision three of section twenty-eight hundred one-a of this chapter shall apply to other types of operators. Fit means that the operator or proposed operator (a) has not been convicted of a crime or pleaded nolo contendere to a felony charge involving murder, manslaughter, assault, sexual abuse, theft, robbery, fraud, embezzlement, drug abuse, or sale of drugs and (b) is not or was not subject to a state or federal administrative order relating to fraud or embezzlement, unless the commissioner finds that such conviction or such order does not demonstrate a present risk or danger to patients or the public.

S 3005-a. Staffing standards; ambulance services and advanced life support first response services. 1. The following staffing standards shall be in effect unless otherwise provided by this section:

(a) effective January first, nineteen hundred ninety-seven the minimum staffing standard for a registered ambulance service shall be a certified first responder with the patient; (b) effective January first, two thousand, the minimum staffing standard for a voluntary ambulance service shall be an emergency medical technician with the patient; (c) the minimum staffing standard for all other ambulance services shall be an emergency medical technician with the patient; and (d) the minimum staffing standard for an advanced life support first response service shall be an advanced emergency medical technician

with the patient. Circumstances permitting other than advanced life support care by an advanced life support first response service may be established by rule by the state council, subject to the approval of

the commissioner.

2. Any service granted an exemption by the regional council pursuantto subdivision five-a of section three thousand three of this article shall be subject to the standards and terms of the exemption.

3. Notwithstanding any other provision of this article, the effective date of the standards established by this section shall be delayed by one year for each fiscal year, prior to January first, two thousand, in which the amounts appropriated are less than that which would have been expended pursuant to the provisions of section ninety-seven-q of the state finance law.

S 3006. Quality improvement program. 1. By January first, nineteen hundred ninety-seven, every ambulance service and advanced life support first response service shall establish or participate in a quality

improvement program, which shall be an ongoing system to monitor and evaluate the quality and appropriateness of the medical care provided by the ambulance service or advanced life support first response service, and which shall pursue opportunities to improve patient care and to

resolve identified problems. The quality improvement program may be conducted independently or in collaboration with other services, with the appropriate regional council, with an EMS program agency, with a hospital, or with another appropriate organization approved by the

department. Such program shall include a committee of at least five members, at least three of whom do not participate in the provision of care by the service. At least one member shall be a physician, and the

others shall be nurses, or emergency medical technicians, or advanced emergency medical technicians, or other appropriately qualified allied health personnel. The quality improvement committee shall have the following responsibilities:

(a) to review the care rendered by the service, as documented in prehospital care reports and other materials. The committee shall have the authority to use such information to review and to recommend to the governing body changes in administrative policies and procedures, as maybe necessary, and shall notify the governing body of significant deficiencies; (b) to periodically review the credentials and performance of all persons providing emergency medical care on behalf of the service; (c) to periodically review information concerning compliance with standard of care procedures and protocols, grievances filed with the service by patients or their families, and the occurrence of incidents injurious or potentially injurious to patients. A quality improvement program shall also include participation in the department’s prehospital care reporting system and the provision of continuing education programs to address areas in which compliance with procedures and protocols is most deficient and to inform personnel of changes in procedures and protocols. Continuing education programs may be provided by the service itself or by other organizations; and (d) to present data to the regional medical advisory committee and to

participate in system-wide evaluation.

2. The information required to be collected and maintained, including information from the prehospital care reporting system which identifies an individual, shall be kept confidential and shall not be released

except to the department or pursuant to section three thousand four-a of this article.

3. Notwithstanding any other provisions of law, none of the records, documentation, or committee actions or records required pursuant to this section shall be subject to disclosure under article six of the public

officers law or article thirty-one of the civil practice law and rules, except as hereinafter provided or as provided in any other provision of law. No person in attendance at a meeting of any such committee shall be

required to testify as to what transpired thereat. The prohibition related to disclosure of testimony shall not apply to the statements made by any person in attendance at such a meeting who is a party to an

action or proceeding the subject of which was reviewed at the meeting. The prohibition of disclosure of information from the prehospital care reporting system shall not apply to information which does not identify a particular ambulance service or individual.

4. Any person who in good faith and without malice provides information to further the purpose of this section or who, in good faith and without malice, participates on the quality improvement committee

shall not be subject to any action for civil damages or other relief as a result of such activity.

S 3007. Notice of alternative destination. In any city having a population of one million or more, whenever an individual is transported by ambulance from one facility to a second facility and the destination is changed, it shall be the responsibility of the senior ambulance dispatcher to inform the facility of origin by telephone of the ultimate destination immediately upon arrival thereat.

S 3008. Applications for determinations of public need. 1. Every application for a determination of public need shall be made in writing to the appropriate regional council, shall specify the primary territory

within which the applicant requests to operate, be verified under oath, and shall be in such form and contain such information as required by the rules and regulations promulgated pursuant to this article.

Notice of the application shall be forwarded by registered or
certified mail by the appropriate regional council to the chief executive officers of all general hospitals, ambulance services, and municipalities operating within the same county or counties where the services seeks to operate. The notice shall provide opportunity for comment.
3. Notice pursuant to this section shall be deemed filed with the ambulance service and municipality upon being mailed by the appropriate regional or state council by registered or certified mail.

4. The appropriate regional council or the state council shall make its determination of public need within sixty days after receipt of the application.

5. The applicant or any concerned party may appeal the determination of the appropriate regional council to the state council within thirty days after the regional council makes its determination.

6. In the case of an application for certification under this article by a municipal ambulance service to serve the area within the municipality, and the municipal ambulance service meets appropriate training,

staffing and equipment standards, there should be a presumption in favor of approving the application.

7. (a) Notwithstanding any other provision of law and subject to the provisions of this article, any municipality within this state, or fire district acting on behalf of any such municipality, and acting through

its local legislative body, is hereby authorized and empowered to adopt and amend local laws, ordinances or resolutions to establish and operate advanced life support first responder services or municipal ambulance services within the municipality, upon meeting or exceeding all standards set by the department for appropriate training, staffing and equipment, and upon filing with the New York state emergency medical services council, a written request for such authorization. Upon such filing,

such municipal advanced life support first responder service or municipal ambulance service shall be deemed to have satisfied any and all requirements for determination of public need for the establishment of

additional emergency medical services pursuant to this article for a period of two years following the date of such filing. Nothing in this article shall be deemed to exclude the municipal advanced life support

first responder service or municipal ambulance service authorized to be established and operated pursuant to this article from complying with any other requirement or provision of this article or any other applicable

provision of law.

(b) In the case of an application for certification pursuant to this subdivision, for a municipal advanced life support or municipal ambulance service, to serve the area within the municipality, where the

proposed service meets or exceeds the appropriate training, staffing and equipment standards, there shall be a strong presumption in favor of approving the application.

S 3009. Continuation of existing services. 1. Notwithstanding the provisions of sections three thousand four and three thousand five of this article, if any ambulance service or a predecessor in interest

was in bona fide operation as an ambulance service on April first, nineteen hundred seventy-five, within the territory for which application for an ambulance service certificate or voluntary

ambulance service statement of registration is made pursuant to any provisions of this article, and has so operated since that time, the department shall issue such certificate or statement of registration

without requiring proof that there is a public need for such ambulance service and without further proceedings, provided application for such certificate or statement of registration is submitted to the

department in accordance with this article prior to September first, nineteen hundred seventy-five. Pending the determination of any such application the continuance of such operation shall be lawful. In all

other cases the application shall be decided in accordance with the procedures provided for in section three thousand four or three thousand five of this article and such application shall be approved

or denied accordingly. An application pursuant to this section shall be deemed filed with the department upon being mailed to the department by registered or certified mail.

2. Notwithstanding the provisions of subdivision six of section three thousand five of this article, if any advanced life support first response service or a predecessor in interest was in bona fide

operation as an advanced life support first response service at the intermediate, critical care, or paramedic level on January first, nineteen hundred ninety-three, within the territory for which

application for a certificate is made pursuant to any provisions of this article, and has so operated since that time, the department shall issue such certificate without requiring that there is a public need for such service and without further proceedings, provided application for such certificate or statement of registration is submitted to the department in accordance with this article prior to January first, nineteen hundred ninety-eight. Notwithstanding the provisions of subdivision six of section three thousand five of this article, if any advanced life support first response service or a predecessor in interest was in bona fide operation as an advanced life support first response service at the EMT-defibrillation level on July

first, nineteen hundred ninety-three, within the territory for which application for a certificate is made pursuant to any provisions of this article, and has so operated since that time, the department

shall issue such certificate without requiring that there is a public need for such service and without further proceedings, provided application for such certificate or statement of registration is

submitted to the department in accordance with this article prior to January first, nineteen hundred ninety-four. Pending the determination of any such application, the continuance of such operation shall be

lawful. In all other cases the application shall be decided in accordance with the procedures provided in section three thousand five of this article and such application shall be approved or denied accordingly. An application pursuant to this section shall be deemed filed with the department upon being mailed to the department by certified or registered mail.

S 3010. Area of operation; transfers. 1. Every ambulance service certificate or statement of registration issued under this article shall specify the primary territory within which the ambulance service shall

be permitted to operate. An ambulance service shall receive patients only within the primary territory specified on its ambulance service certificate or statement of registration, except: (a) when receiving a

patient which it initially transported to a facility or location outside its primary territory; (b) as required for the fulfillment of a mutual aid agreement authorized by the regional council; (c) upon express

approval of the department and the appropriate regional emergency medical services council for a maximum of sixty days if necessary to meet an emergency need; provided that in order to continue such operation beyond the sixty day maximum period necessary to meet an emergency need, the ambulance service must satisfy the requirements oft his article, regarding determination of public need and specification of the primary territory on the ambulance service certificate or statement of registration; or (d) an ambulance service or advanced life support first response service organization formed to serve the need for the provision of emergency medical services in accordance with the

religious convictions of a religious denomination may serve such needs in an area adjacent to such primary territory and, while responding to a call for such service, the needs of other residents of such area at the

emergency scene. Any ambulance service seeking to operate in more than one region shall make application to each appropriate regional council. Whenever an application is made simultaneously to more than one regional council, the applications submitted to the regional councils shall be identical, or copies of each application shall be submitted to all the regional councils involved.

2. No ambulance service certificate shall be transferable unless the regional council and the department reviews and approves the transfer as follows:

a. Any change in the individual who is the sole proprietor of an ambulance service shall only be approved upon a determination that the proposed new operator is competent and fit to operate the service.

b. Any change in a partnership which is the owner of an ambulance service shall be approved based upon a determination that the new partner or partners are competent and fit to operate the service. The

remaining partners shall not be subject to a character and fitness review.

c. Any transfer, assignment or other disposition of ten percent or more of the stock or voting rights thereunder of a corporation which is the owner of an ambulance service, or any transfer, assignment or other disposition of the stock or voting rights thereunder of such a corporation which results in the ownership or control of ten percent or more of the stock or voting rights thereunder by any person, shall be approved based upon a determination that the new stockholder or stockholder proposing to obtain ten percent or more of the stock or voting rights thereunder of such corporation is competent and fit to

operate the service. The remaining stockholders shall not be subject to a character and fitness review.

d. Any transfer of all or substantially all of the assets of a corporation which owns or operates a certified ambulance service shall be approved based upon a determination that the individual, partnership,

or corporation proposing to obtain all or substantially all of the assets of the corporation is competent and fit to operate the service. e. Any transfer affected in the absence of the review and approval

required by this section shall be null and void and the certificate of such ambulance service shall be subject to revocation or suspension.

3. Nothing contained in this section shall be construed to prohibit any voluntary ambulance service authorized by its governing authority to do so from transporting any sick or injured resident of its primary territory from any general hospital or other health care facility licensed by the department, whether or not such general hospital or health care facility is within the service’s primary territory, to any

other general hospital or health care facility licensed by the department for further care, or to such resident’s home. Nothing contained in this section shall be construed to prohibit any proprietary

ambulance service authorized by its governing body to do so from transporting any sick or injured patient from any general hospital or other health care facility licensed by the department whether or not

such general hospital or health care facility is within the service’s primary territory, to any other general hospital or health care facility licensed by the department within the service’s primary territory for

further care, or to such patient’s home, if such patient’s home is within its primary territory. Any ambulance service owned by or under contract to a general hospital licensed by the department may transport any specialty patient from any other general hospital or health care facility licensed by the department to the hospital owning such ambulance service, or with which it has a contract. Categories of specialty patients shall be defined by rule by the state emergency medical services council, subject to the approval of the commissioner.

4. No ambulance service certificate of an ambulance service which has discontinued operations for a continuous period in excess of thirty days shall be transferable without the approval of the appropriate regional council.

S 3011. Powers and duties of the department and the commissioner.

1.The department may inquire into the operation of ambulance services and advanced life support first response services and conduct periodic inspections of facilities, communication services, vehicles, methods, procedures, materials, staff and equipment. It may also evaluate data received from ambulance services and advanced life support first response services.

2. The department may require ambulance services and advanced life support first response services to submit periodic reports of calls received, services performed and such other information as may be

necessary to carry out the provisions of this article.

3. The commissioner, with the advice and consent of the state council, shall designate not more than eighteen geographic areas within the state wherein a regional emergency medical services council shall be established. In making the determination of a geographic area, the commissioner shall take into consideration the presence of ambulance services, hospital facilities, existing emergency medical services committees, trained health personnel, health planning agencies and communication and transportation facilities; and shall establish a separate regional emergency medical services council for the county of Nassau. The commissioner shall promote and encourage the establishment of a regional emergency medical services council in each of said designated areas.

4. The commissioner may propose rules and regulations and amendments thereto for consideration by the state council. The commissioner shall establish a schedule of certification fees for ambulance services and advanced life support first response services other than voluntary ambulance services and voluntary advanced life support first response services.

5. For the purpose of promoting the public health, safety and welfare the commissioner is hereby authorized and empowered to contract with voluntary ambulance services and municipal ambulance services, or with the fire commissioners of fire districts operating voluntary ambulance services, upon such terms and conditions as he shall deem appropriate and within amounts made available therefor, for reimbursement of the necessary and incidental costs incurred by such ambulance services in

order to effectuate the provisions of this article.

6. The commissioner is hereby authorized, for the purposes of effectuating the provisions of this article in the development of a statewide emergency medical service system, to contract with any

ambulance service or with the fire commissioners of fire districts operating certified voluntary ambulance services for the use of necessary equipment upon such terms and conditions as the commissioner shall deem appropriate.

7. The commissioner may recommend to the state council minimum qualifications for certified first responders (which shall not exceed fifty-one hours), emergency medical technicians and advanced emergency medical technicians in all phases of emergency medical technology including but not limited to, communications, first aid, equipment, maintenance, emergency techniques and procedures, patient management and knowledge of procedures and equipment for emergency medical care.

8. The commissioner shall provide every certified ambulance service and advanced life support first response service with an official insignia which may be attached to every vehicle owned or operated by a certified ambulance service or advanced life support first response

service.

9. The department shall provide the state council with such assistance as the council may request in order to carry out its responsibilities asset forth in subdivision two-a of section three thousand two of this

article.

10. The commissioner is hereby authorized and empowered to extend the certification for emergency medical technicians or advanced emergency medical technicians who have been federally ordered to active military duty, other than for training, related to the Persian Gulf crisis and whose certification will expire during their military duty. The extended certification shall be for the period of military duty and for six months after they have been released from active military duty.

11. The commissioner, with the advice and consent of the state council, shall promulgate rules and regulations necessary to ensure compliance with the provisions of subdivision two of section sixty-seven

hundred thirteen of the education law.

S 3012. Enforcement. 1. Any ambulance service or advanced life support first response service certificate issued pursuant to section three thousand five of this article may be revoked, suspended, limited or

annulled by the department upon proof that the operator or certificate holder or one or more enrolled members or one or more persons in his employ:

(a) has been guilty of misrepresentation in obtaining the certificate or in the operation of the ambulance service or advanced life support first response service; or

(b) has not been competent in the operation of the service or has shown inability to provide adequate ambulance services or advanced life support first response service; or

(c) has failed to pay the biennial certification fee as required except in the case of any voluntary ambulance service or voluntary advanced life support first response service; or

has failed to file any report required by the provisions of this article or the rules and regulations promulgated thereunder; or
has violated or aided and abetted in the violation of any provision of this article, the rules and regulations promulgated or continued thereunder, or the state sanitary code; or
(f) had discontinued operations for a period in excess of one month; or

(g) a voluntary ambulance service or voluntary advanced life support first response service has failed to meet the minimum staffing standard and has not been issued an exemption, except that such certificate shall

not be suspended or revoked unless the commissioner finds that an adequate alternative service exists. The commissioner shall consider the recommendation of the regional emergency medical services council in making a finding; or

(h) an ambulance service operating for profit has failed to meet the minimum staffing standard; or

(i) has been convicted of a crime or pleaded nolo contendere to a felony charge involving murder, manslaughter, assault, sexual abuse, theft, robbery, fraud, embezzlement, drug abuse, or sale of drugs,

unless the commissioner finds that such conviction does not demonstrate a present risk or danger to patients or the public; or

(j) is or was subject to a state or federal administrative order relating to fraud or embezzlement, unless the commissioner finds that such order does not demonstrate a present risk or danger to patients or

the public.

2. Proceedings under this section may be initiated by any person, corporation, association, or public officer, or by the department by the filing of written charges with the department. Whenever the department seeks revocation or suspension of a certificate of an ambulance service or an advanced life support first response service, a copy of the charges shall be referred to the appropriate regional council for review and recommendation to the department prior to a hearing. Such recommendation shall include a determination as to whether the public need would be served by a revocation, suspension, annulment or limitation. If there is no appropriate regional council established, the state council shall make such determination and present to the department its recommendations.

3. No certificate shall be revoked, suspended, limited or annulled without a hearing. However, a certificate may be temporarily suspended without a hearing and without the approval of the appropriate regional council or state council for a period not in excess of thirty days upon notice to the certificate holder following a finding by the department that the public health, safety or welfare is in imminent danger.

4. The commissioner shall fix a time and place for the hearing. A copy of the charges and the recommendations of the appropriate regional council or state council together with the notice of the time and place of the hearing, shall be mailed to the certificate holder by registered or certified mail, at the address specified on the certificate, at least fifteen days before the date fixed for the hearing. The appropriate regional council may be a party to such hearing. The certificate holder may file with the department, not less than five days prior to the hearing, a written answer to the charges.

S 3013. Immunity from liability. 1. Notwithstanding any inconsistent provision of any general, special or local law, a voluntary ambulance service or voluntary advanced life support first response service

described in section three thousand one of this article and any member thereof who is a certified first responder, an emergency medical technician, an advanced emergency medical technician or a person acting under the direction of an emergency medical technician or advanced emergency medical technician and who voluntarily and without the expectation of monetary compensation renders medical assistance in an emergency to a person who is unconscious, ill or injured shall not be

liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such

medical assistance in an emergency unless it is established that such injuries were or such death was caused by gross negligence on the part of such certified first responder, emergency medical technician or advanced emergency medical technician or person acting under the direction of an emergency medical technician or advanced emergency medical technician.

2. Nothing in this section shall be deemed to relieve any such voluntary ambulance service or voluntary advanced life support first response service from liability for damages or injuries or death caused by an act or omission on the part of any person other than a certified first responder, an emergency medical technician, advanced emergency medical technician or person acting under the direction of an emergency medical technician or advanced emergency medical technician acting in behalf of the voluntary ambulance service or voluntary advanced life support first response service.

3. Nothing in this section shall be deemed to relieve or alter the liability of any such voluntary ambulance service or members for damages or injuries or death arising out of the operation of motor vehicles.

4. A certified first responder, emergency medical technician or advanced emergency medical technician, whether or not he or she is acting on behalf of an ambulance service or advanced life support first response service, who voluntarily and without the expectation of monetary compensation renders medical assistance in an emergency to a person who is unconscious, ill or injured shall not be liable for damages alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such medical assistance in an emergency unless it is established that such injuries were or such death was

caused by gross negligence on the part of such certified first responder, emergency medical technician or advanced emergency medical technician.

5. Notwithstanding any inconsistent provision of any general, special or local law, any physician who voluntarily and without the expectation of monetary compensation provides indirect medical control, as defined in paragraph (b) of subdivision fifteen of section three thousand one of this article, to a voluntary ambulance service or voluntary advanced life support first response service described in section three thousand one of this article shall not be liable for damages for injuries or death alleged to have been sustained by any person as a result of such medical direction unless it is established that such injuries or death were caused by gross negligence on the part of such physician.

Sec. 3014. Construction. Notwithstanding any inconsistent provision of any general, special or local law, the provisions of this article shall be deemed to apply to the city of New York.

Sec. 3015. Separability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence,

paragraph, section or part of this article directly involved in the controversy in which the judgment shall have been rendered.

Sec. 3016. Continuance of rules and regulations. All rules and regulations heretofore adopted by the commissioner pertaining to all ambulance services shall continue in full force and effect as rules and regulations until duly modified or superseded by rules and regulations hereafter adopted and enacted by the state council pursuant to section three thousand two of this article.

* S 3017. Emergency medical service, Suffolk county. 1. No ambulance service or advanced life support first response service shall respond to any call or request for emergency medical services within a town,

village or fire district in Suffolk county that currently provides ambulance service or advanced life support services first response service, if the municipality has designated one or more ambulance services or

advanced life support first response services to respond to such calls unless:

(a) the service is so designated;

(b) the response is in accordance with a mutual aid plan approved by the appropriate regional emergency medical service council;

(c) the response is to a verbal mutual aid request from a designated service;

(d) the service was specifically requested to respond by the patient or someone acting on behalf of that patient; or

(e) the response site is a hospital licensed under article twenty-eight of this chapter for a transfer to another such facility.

2. Every ambulance service or advanced life support first response service shall disclose as part of any solicitation or advertisement in Suffolk county that there is a fee for services rendered, if in fact

there is a fee charged for the performance of such service.

3. Every ambulance service or advanced life support first response service that operates in Suffolk county and has vehicles which travel through communities with designated ambulance service or advanced life support first response service shall require its drivers and emergency medical technicians:

(a) to immediately notify a central alarm or other publicly operated dispatch entity, or a person designated under section two hundred nine-b of the general municipal law to receive calls for emergency services for

the purpose of dispatching emergency medical services whenever an emergency is found in a public place;

(b) to evaluate the need to transport any patient found in extremis to a hospital; and

(c) to comply with appropriate instructions from the dispatch entity. The dispatch entity, when appropriate, may instruct the service to transport any patient to an appropriate hospital.

* NB Repealed 01/01/01

Sec. 3030. Advanced life support services. Advanced life support services provided by an advanced emergency medical technician, shall be (1) provided under the direction of qualified medical and health personnel utilizing patient information and data transmitted by voice or telemetry, (2)

limited to the category or categories in which the advanced emergency medical technician is certified pursuant to this article, and (3) recorded for each patient, on an individual treatment-management record.

Sec. 3031. Advanced life support system. Advanced life support system must (1) be under the overall supervision and direction of a qualified physician with respect to the advanced life support services provided, (2) be staffed by qualified medical and health personnel, (3) utilize advanced emergency medical technicians whose certification is appropriate to the advanced life support services provided, (4) utilize advanced support mobile units appropriate to the advanced life support

services provided, (5) maintain a treatment-management record for each patient receiving advanced life support services, and (6) be integrated with a hospital emergency, intensive care, coronary

care or other appropriate service.

S 3032. Rules and regulations. The state council, with the approval of the commissioner, shall promulgate rules and regulations to effectuate the purposes of sections three thousand thirty and three thousand

Thirty-one of this article.

New York Good Samaritan Act

NYS Public Health Law, Article 30 – Emergency Medical Services ;3000-a.

Emergency medical treatment.

1. Except as provided in subdivision six of section six thousand six hundred eleven, subdivision two of section six thousand five hundred twenty-seven, subdivision one of section six thousand nine hundred nine and sections six thousand five hundred forty-seven and six thousand seven hundred thirty-seven of the education law, any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency outside a hospital, doctor’s office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person. Nothing in this section shall be deemed or construed to relieve a licensed physician, dentist, nurse, physical therapist or registered physician’s assistant from liability for damages for injuries or death caused by an act or omission on the part of such person while rendering professional services in the normal and ordinary course of his or her practice.

2. A person who, or entity, partnership, corporation, firm or society that, purchases or makes available resuscitation equipment that facilitates first aid, as required by law or local law, shall not be liable for damages arising either from the use of that equipment by a person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or medical emergency,or from the use of defectively manufactured equipment; provided that this subdivision shall not limit the person’s or entity’s, partnership’s, corporation’s, firm’s or society’s liability for his, her or its own negligence, gross negligence or intentional misconduct.

3013.

Immunity from liability.

1. Notwithstanding any inconsistent provision of any general, special or local law, a voluntary ambulance service or voluntary advanced life support first response service described in section three thousand one of this article and any member thereof who is a certified first responder, an emergency medical technician, an advanced emergency medical technician or a person acting under the direction of an emergency medical technician or advanced emergency medical technician and who voluntarily and without the expectation of monetary compensation renders medical assistance in an emergency to a person who is unconscious, ill or injured shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such medical assistance in an emergency unless it is established that such injuries were or such death was caused by gross negligence on the part of such certified first responder, emergency medical technician or advanced emergency medical technician or person acting under the direction of an emergency medical technician or advanced emergency medical technician.

2. Nothing in this section shall be deemed to relieve any such voluntary ambulance service or voluntary advanced life support first response service from liability for damages or injuries or death caused by an act or omission on the part of any person other than a certified first responder, an emergency medical technician, advanced emergency medical technician or person acting under the direction of an emergency medical technician or advanced emergency medical technician acting in behalf of the voluntary ambulance service or voluntary advanced life support first response service.

3. Nothing in this section shall be deemed to relieve or alter the liability of any such voluntary ambulance service or members for damages or injuries or death arising out of the operation of motor vehicles.

4. A certified first responder, emergency medical technician or advanced emergency medical technician, whether or not he or she is acting on behalf of an ambulance service or advanced life support first response service, who voluntarily and without the expectation of monetary compensation renders medical assistance in an emergency to a person who is unconscious, ill or injured shall not be liable for damages alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such medical assistance in an emergency unless it is established that such injuries were or such death was caused by gross negligence on the part of such certified first responder, emergency medical technician or advanced emergency medical technician.

5. Notwithstanding any inconsistent provision of any general, special or local law, any physician who voluntarily and without the expectation of monetary compensation provides indirect medical control, as defined in paragraph (b) of subdivision fifteen of section three thousand one of this article, to a voluntary ambulance service or voluntary advanced life support first response service described in section three thousand one of this article shall not be liable for damages for injuries or death alleged to have been sustained by any person as a result of such medical direction unless it is established that such injuries or death were caused by gross negligence on the part of such physician.

Ohio AED Law

H.B. 717 5 – Passed 1998

REPRESENTATIVES VESPER-GARDNER-CAREY-HARRIS-PADGETT-COUGHLIN

GARCIA-REID-THOMAS-BENDER-TAYLOR-LOGAN-TAVARES-CATES-FORD-COLONNA-VAN VYVEN-OGG-OLMAN-WESTON-WHALEN-BRADING- WACHTMANN-TERWILLEGER-SCHULER-WILLAMOWSKI-MOTTLEY-CORBIN-BATEMAN-WINKLER-CLANCY-O’BRIEN-METZGER-SCHURING-MOTTL-LAWRENCE-GOODMAN-SALERNO-MEAD-CORE-JOLIVETTE-HAINES-OPFER-MILLER-ROBERTS-VERICH-JONES-HOUSEHOLDER-AMSTUTZ-EVANS-WILSON-KRUPINSKI-WILLIAMS-HEALY-BRITTON-PRENTISS-JOHNSON-MYERS

SENATORS DRAKE-WHITE-HERINGTON-WATTS-SHOEMAKER-OELSLAGER-MUMPER- HOWARD-SCHAFRATH

A B I L L

To enact sections 2305.235 and 3701.85 of the Revised Code to authorize performance of automated external defibrillation and provide civil and criminal immunity and to declare an emergency.

 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2305.235 and 3701.85 of the Revised Code be enacted to read as follows:

Sec. 2305.235. (A) AS USED IN THIS SECTION:

(1) “AUTOMATED EXTERNAL DEFIBRILLATION” MEANS THE PROCESS OF APPLYING A SPECIALIZED DEFIBRILLATOR TO A PERSON IN CARDIAC ARREST, ALLOWING THE DEFIBRILLATOR TO INTERPRET THE CARDIAC RHYTHM, AND, IF APPROPRIATE, DELIVERING AN ELECTRICAL SHOCK TO THE HEART TO ALLOW IT TO RESUME EFFECTIVE ELECTRICAL ACTIVITY.

2) “PHYSICIAN” HAS THE SAME MEANING AS IN SECTION 4765.01 OF THE REVISED CODE.

(B) EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT, NO PHYSICIAN SHALL BE HELD LIABLE IN CIVIL DAMAGES FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY FOR PROVIDING A PRESCRIPTION FOR AN AUTOMATED EXTERNAL DEFIBRILLATOR APPROVED FOR USE AS AMEDICAL DEVICE BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION OR CONSULTING WITH A PERSON REGARDING THE USE AND MAINTENANCE OF A DEFIBRILLATOR.

 

 

(C) EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT, NO PERSON SHALL BE HELD LIABLE IN CIVIL DAMAGES FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY FOR PROVIDING TRAINING IN AUTOMATED EXTERNAL DEFIBRILLATION AND CARDIOPULMONARY RESUSCITATION.

(D) EXCEPT IN THE CASE OF WILLFUL OR WANTON MISCONDUCT OR WHEN THERE IS NO GOOD FAITH ATTEMPT TO ACTIVATE AN EMERGENCY MEDICAL SERVICES SYSTEM IN ACCORDANCE WITH SECTION 3701.85 OF THE REVISED CODE, NO PERSON SHALL BE HELD LIABLE IN CIVIL DAMAGES FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY, OR HELD CRIMINALLY LIABLE, FOR PERFORMING AUTOMATED EXTERNAL DEFIBRILLATION IN GOOD FAITH, REGARDLESS OF WHETHER THE PERSON HAS OBTAINED APPROPRIATE TRAINING ON HOW TO PERFORM AUTOMATED EXTERNAL DEFIBRILLATION OR SUCCESSFULLY COMPLETED A COURSE IN CARDIOPULMONARY RESUSCITATION.

Sec. 3701.85. (A) AS USED IN THIS SECTION

(1) “AUTOMATED EXTERNAL DEFIBRILLATION” HAS THE SAME MEANING AS IN SECTION 2305.235 OF THE REVISED CODE.

(2) “EMERGENCY MEDICAL SERVICES ORGANIZATION” HAS THE SAME MEANING AS IN SECTION 4765.01 OF THE REVISED CODE

“EMERGENCY MEDICAL SERVICE PROVIDER” MEANS A PERSON WHO IS AN “EMERGENCY MEDICAL TECHNICIAN-BASIC,” “EMERGENCY MEDICAL TECHNICIAN-INTERMEDIATE,” “EMERGENCY MEDICAL TECHNICIAN-PARAMEDIC,” OR “FIRST RESPONDER” AS DEFINED IN SECTION 4765.01 OF THE REVISED CODE

“PHYSICIAN” HAS THE SAME MEANING AS IN SECTION 4765.01 89 OF THE REVISED CODE
(5) “REGISTERED NURSE” AND “LICENSED PRACTICAL NURSE” HAVE THE SAME MEANINGS AS IN SECTION 4723.02 OF THE REVISED CODE.

(B) A PERSON WHO POSSESSES AN AUTOMATED EXTERNAL DEFIBRILLATOR SHALL DO ALL OF THE FOLLOWING

(1) REQUIRE EXPECTED USERS TO COMPLETE SUCCESSFULLY A COURSE IN AUTOMATED EXTERNAL DEFIBRILLATION AND CPR THAT IS OFFERED OR APPROVED BY THE AMERICAN HEART ASSOCIATION OR ANOTHER NATIONALLY RECOGNIZED ORGANIZATION;

(2) MAINTAIN AND TEST THE DEFIBRILLATOR ACCORDING TO MANUFACTURER’S GUIDELINES;

CONSULT WITH A PHYSICIAN REGARDING COMPLIANCE WITH THE REQUIREMENTS OF DIVISIONS (B)(1) AND (2) OF THIS SECTION.
(C) A PERSON WHO POSSESSES AN AUTOMATED EXTERNAL DEFIBRILLATOR MAY NOTIFY AN EMERGENCY MEDICAL SERVICES ORGANIZATION OF THE LOCATION OF THE DEFIBRILLATOR.

(D) A PERSON WHO HAS OBTAINED APPROPRIATE TRAINING ON HOW TO PERFORM AUTOMATED EXTERNAL DEFIBRILLATION AND HAS SUCCESSFULLY COMPLETED A COURSE IN CARDIOPULMONARY RESUSCITATION MAY PERFORM AUTOMATED EXTERNAL DEFIBRILLATION, REGARDLESS OF WHETHER THE PERSON IS A PHYSICIAN, REGISTERED NURSE, LICENSED PRACTICALNURSE, OR EMERGENCY MEDICAL SERVICE PROVIDER. WHEN AUTOMATED EXTERNAL DEFIBRILLATION IS NOT PERFORMED AS PART OF AN EMERGENCY MEDICAL SERVICES SYSTEM OR AT A HOSPITAL AS DEFINED IN SECTION 3727.01 OF THE REVISED CODE, AN EMERGENCY MEDICAL SERVICES SYSTEM

 

 

SHALL BE ACTIVATED AS SOON AS POSSIBLE.

Section 2. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that more widespread use of automated external defibrillators will increase the chances of surviving sudden cardiac arrest.

Therefore, this act shall go into immediate effect. 132

 

 

 

 

Ohio Good Samaritan Law

§ 2305.23 Liability for emergency care.

No person shall be liable in civil damages for administering emergency care or treatment at the scene of an emergency outside of a hospital, doctor’s office, or other place having proper medical equipment, for acts performed at the scene of such emergency, unless such acts constitute willful or wanton misconduct.

Nothing in this section applies to the administering of such care or treatment where the same is rendered for remuneration, or with the expectation of remuneration, from the recipient of such care or treatment or someone on his behalf. The administering of such care or treatment by one as a part of his duties as a paid member of any organization of law enforcement officers or fire fighters does not cause such to be a rendering for remuneration or expectation of remuneration.

 

(HISTORY: 130 v 648 (Eff 9-16-63); 137 v S 209. Eff 8-18-77.)

 

 

§ 4765.49 Civil immunity of emergency medical personnel and agencies.

 

(A) A first responder, emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the individual’s administration of emergency medical services, unless the services are administered in a manner that constitutes willful or wanton misconduct. A physician or registered nurse designated by a physician, who is advising or assisting in the emergency medical services by means of any communication device or telemetering system, is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the individual’s advisory communication or assistance, unless the advisory communication or assistance is provided in a manner that constitutes willful or wanton misconduct. Medical directors and members of cooperating physician advisory boards of emergency medical service organizations are not liable in damages in a civil action for injury, death, or loss to person or property resulting from their acts or omissions in the performance of their duties, unless the act or omission constitutes willful or wanton misconduct.

(B) A political subdivision, joint ambulance district, joint emergency medical services district, or other public agency, and any officer or employee of a public agency or of a private organization operating under contract or in joint agreement with one or more political subdivisions, that provides emergency medical services, or that enters into a joint agreement or a contract with the state, any political subdivision, joint ambulance district, or joint emergency medical services district for the provision of emergency medical services, is not liable in damages in a civil action for injury, death, or loss to person or property arising out of any actions taken by a first responder, EMT-basic, EMT-I, or paramedic working under the officer’s or employee’s jurisdiction, or for injury, death, or loss to person or property arising out of any actions of licensed medical personnel advising or assisting the first responder, EMT-basic, EMT-I, or paramedic, unless the services are provided in a manner that constitutes willful or wanton misconduct.

(C) A student who is enrolled in an emergency medical services training program accredited under section 4765.17 of the Revised Code or an emergency medical services continuing education program approved under that section is not liable in damages in a civil action for injury, death, or loss to person or property resulting from either of the following:

(1) The student’s administration of emergency medical services or patient care or treatment, if the services, care, or treatment is administered while the student is under the direct supervision and in the immediate presence of an EMT-basic, EMT-I, paramedic, registered nurse, or physician and while the student is receiving clinical training that is required by the program, unless the services, care, or treatment is provided in a manner that constitutes willful or wanton misconduct;

(2) The student’s training as an ambulance driver, unless the driving is done in a manner that constitutes willful or wanton misconduct.

(D) An EMT-basic, EMT-I, paramedic, or other operator, who holds a valid commercial driver’s license issued pursuant to Chapter 4506. of the Revised Code or driver’s license issued pursuant to Chapter 4507. of the Revised Code and who is employed by an emergency medical service organization that is not owned or operated by a political subdivision as defined in section 2744.01 of the Revised Code, is not liable in damages in a civil action for injury, death, or loss to person or property that is caused by the operation of an ambulance by the EMT-basic, EMT-I, paramedic, or other operator while responding to or completing a call for emergency medical services, unless the operation constitutes willful or wanton misconduct or does not comply with the precautions of section 4511.03 of the Revised Code. An emergency medical service organization is not liable in damages in a civil action for any injury, death, or loss to person or property that is caused by the operation of an ambulance by its employee or agent, if this division grants the employee or agent immunity from civil liability for the injury, death, or loss.

(E) An employee or agent of an emergency medical service organization who receives requests for emergency medical services that are directed to the organization, dispatches first responders, EMTs-basic, EMTs-I, or paramedics in response to such requests, communicates such requests to those employees or agents of the organization who are authorized to dispatch first responders, EMTs-basic, EMTs-I, or paramedics, or performs any combination of these functions for the organization, is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the individual’s acts or omissions in the performance of those duties for the organization, unless an act or omission constitutes willful or wanton misconduct.

(F) A person who is performing the functions of a first responder, EMT-basic, EMT-I, or paramedic under the authority of the laws of a state that borders this state and who provides emergency medical services to or transportation of a patient in this state is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the person’s administration of emergency medical services, unless the services are administered in a manner that constitutes willful or wanton misconduct. A physician or registered nurse designated by a physician, who is licensed to practice in the adjoining state and who is advising or assisting in the emergency medical services by means of any communication device or telemetering system is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the person’s advisory communication or assistance, unless the advisory communication or assistance is provided in a manner that constitutes willful or wanton misconduct.

(G) A person certified under section 4765.23 of the Revised Code to teach in an emergency medical services training program or emergency medical services continuing education program is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the person’s acts or omissions in the performance of the person’s duties, unless an act or omission constitutes willful or wanton misconduct.

(H) In the accreditation of emergency medical services training programs or approval of emergency medical services continuing education programs, the state board of emergency medical services and any person or entity authorized by the board to evaluate applications for accreditation or approval are not liable in damages in a civil action for injury, death, or loss to person or property resulting from their acts or omissions in the performance of their duties, unless an act or omission constitutes willful or wanton misconduct.

(I) A person authorized by an emergency medical service organization to review the performance of first responders, EMTs-basic, EMTs-I, and paramedics or to administer quality assurance programs is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the person’s acts or omissions in the performance of the person’s duties, unless an act or omission constitutes willful or wanton misconduct.

(HISTORY: RC § 4731.90, 136 v H 832 (Eff 8-31-76); 137 v S 347 (Eff 7-13-78); 137 v H 1092 (Eff 7-21-78); 138 v H 1 (Eff 5-16-79); 138 v H 201 (Eff 2-28-80); 140 v H 446 (Eff 6-20-84); 141 v H 176 (Eff 11-20-85); RC § 3303.21, 141 v H 222 (Eff 5-15-86); 141 v H 428 (Eff 12-23-86); 143 v H 381 (Eff 7-1-89); RC § 4765.49, 144 v S 98 (Eff 11-12-92); 145 v H 384 (Eff 11-11-94); 146 v S 150 (Eff 11-24-95); 146 v H 405. Eff 10-1-96.)

Tennessee AED Law

Senate Bill 1158 – Passed 1999

Amendment No. 1 to SB1158

Ford J

SENATE GENERAL WELFARE COMMITTEE AMENDMENT NO. 1

_______________________________________

Signature of Sponsor

AMEND Senate Bill No. 1158* House Bill No. 1218

Signature of Sponsor

by deleting all sections of the bill following the enacting clause and by substituting in lieu

thereof the following:

SECTION 1. Tennessee Code Annotated, Section 63-6-218(b)(1), is amended by

deleting the word “automatic” and by substituting instead the word “automated”.

SECTION 2. Tennessee Code Annotated, Section 63-6-218(b)(2), is amended by

inserting the language “,including use of an automated external defibrillator,” between the

language “emergency care” and the language “to persons attending”.

SECTION 3. In order for entity to use or allow the use of an automated external

defibrillator, the entity shall:

(1) establish a program for the use of an AED that includes a written plan that complies

with subsections 2 through 6 and rules adopted by the department of Health. The plan must

specify:

(a) where the AED will be placed

(b) the individuals who are authorized to operate the AED

(c) how the AED will be coordinated with an emergency medical service

providing services in the area where the AED is located;

(d) the maintenance and testing that will be performed on the AED;

(e) records that will be kept by the program

(f) reports that will be made of AED use;

(g) other matters as specified by the department

(h) a plan of action for proper usage of the AED

(2) adhere to the written plan required by subsection (1);

(3) ensure that before using the AED, expected users receive appropriate training

approved by the department in cardiopulmonary resuscitation and the proper use of an AED;

(4) maintain, test, and operate the AED according to the manufacturer’s guidelines and

maintain written records of all maintenance and testing performed on the AED;

(5) each time an AED is used for an individual in cardiac arrest, require that an

emergency medical service is summoned to provide assistance as soon as possible and that

the AED use is reported to the supervising physician or the person designated by the physician

and to the department as required by the written plan;

(6) before allowed any use of an AED, provide to the emergency communications

district or the primary provider of emergency medical services where the defibrillator is located:

(a) a copy of the plan prepared pursuant to this section; and

(b) written notice, in a format prescribed by department rules, stating:

(i) that an AED program is established by the entity

(ii) where the AED is located; and

(iii) how the use of the AED is to be coordinated with the local emergency

medical service system.

SECTION 4. (1) The department of Health shall adopt rules specifying the following:

(a) the contents of the written notice required by Section 3

(b) reporting requirements for each use of an AED;

(c) the contents of a plan prepared in accordance with Section 3 and

requirements applicable to the subject matter of the plan;

(d) training requirements in cardiopulmonary resuscitation and AED use that are

consistent with the scientific guidelines of the American Heart Association for any

individual authorized by an AED program plan to use an AED;

(e) requirements for medical supervision of an AED program;

(f) performance requirements for an AED in order for the AED to be used in an

AED program; and

(g) a list of the AED training programs approved by the department.

SECTION 5. The entity responsible for the AED program shall not be liable for any civil

liability for any personal injury that results from an act or omission that does not amount to willful

or wanton misconduct or gross negligence if the applicable provisions and program established

under Section 3 and the rules adopted by the department pursuant to Section 4 have been met

by the entity and have been followed by the individuals using the AED.

SECTION 6. An individual providing training to others in an approved program on the

use of an AED shall be held harmless by the employer of the trainer for damages caused by

training that was negligent.

SECTION 7. For purposes of this act expected AED users shall complete training and

demonstrate competence in CPR and the use of an AED through a course of instruction

approved by the Tennessee Emergency Medical Services Board.

SECTION 8. For purposes of this act “automated external defibrillator” means a medical

device heart monitor and defibrillator that:

(1) has received approval of its premarket notification, filed pursuant to United

States Code title 21, section 360(k), from the United States Food and Drug

Administration;

(2) 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

(3) upon determining that defibrillation should be performed, automatically

charges and requests delivery of an electrical impulse to an individual’s heart.

SECTION 9. The provisions of this act shall only apply to situations involving

emergency use of an AED and in no case shall it apply where there is a duty to provide care.

Nor shall it apply where a doctor has prescribed use of an AED for a patient’s use in the

patient’s private home.

SECTION 10. This act shall take effect upon becoming a law, the public welfare

requiring it.

Tennessee Good Samaritan Act

63-6-218.

“Good Samaritan Law.”

(a) This section shall be known and cited as the “Good Samaritan Law.”
(b) Any person, including those licensed to practice medicine and surgery and including any person licensed or certified to render service ancillary thereto, or any member of a volunteer first aid, rescue or emergency squad which provides emergency public first aid and rescue services, who in good faith:
(1) Renders emergency care at the scene of an accident, medical emergency and/or disaster, while en route from such scene to a medical facility and while assisting medical personnel at the receiving medical facility, to the victim or victims thereof without making any direct charge therefor; or
(2) Participates or assists in rendering emergency care to persons attending or participating in performances, exhibitions, banquets, sporting events, religious or other gatherings open to the general public, with or without an admission charge, whether or not such emergency care is made available as a service, planned in advance by the promoter of the event and/or any other person or association, shall not be liable to such victims or persons receiving emergency care for any civil damages as a result of any act or omission by such person in rendering the emergency care, or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, except such damages as may result from the gross negligence of the person rendering such emergency care.
(c) A receiving medical facility shall not be liable for any civil damages as a result of any act or omission on the part of any member of a volunteer first aid, rescue or emergency squad, which provides emergency public first aid and rescue services, while such person is assisting medical personnel at the receiving medical facility.
(d) If:
(1) A volunteer fire squad is organized by a private company for the protection of the plant and grounds of such company;
(2) Such squad is willing to respond and does respond to calls to provide fire protection for residents living within a six (6) mile radius of the county surrounding such plant; and
(3) The plant is located in a county which does not otherwise provide fire protection to such residents; then the members of such volunteer fire squad, while providing fire protection within such area outside the plant, shall be liable to suit under the provisions of the Governmental Tort Liability Act, compiled in title 29, chapter 20, part 2.

[Acts 1963, ch. 46, §§ 1, 2; 1976, ch. 551, § 1; T.C.A., § 63-622; Acts 1985, ch. 338, §§ 1-4; 1994, ch. 556, § 1.]

lease-vs-buy-web-design1

Should we lease or buy?
This is very different decision from group to group. If you have a strong coordinator who enjoys the project, has good attention to detail, and long term cost is a consideration, you might consider purchasing. Absent that, you might be better off with a lease. Sometimes an AED program is set up by an enthusiastic individual at a company. When that employee leaves the company or changes jobs, the AED program does not get reassigned and goes dormant. If the AED is needed, it could be without charged batteries, with expired electrodes, and in the hands of an untrained user. That is the type of scenario that nobody wants.

buy

Buying AED’s
If you have a diligent program coordinator who can write policy, manage the program, keep up on training, and effectively oversee the program, owning the AED might be a good choice. The upside to owning your AED is that the long term cost after several years tends to be lower. The down side of purchasing an AED means you own it and any liabilities that go along with it. You would for example be responsible for:
1. FDA upkeep of the unit whenever recalls occur or software patches are required
2. Maintaining the device and replacing batteries, electrodes, etc.
3. Shopping for and arranging training and insuring the appropriateness of that training
4. Periodically inspecting the device
5. Higher up front cost that might be a capital expenditure in your organization
6. Somewhat less predictable costs that occur when training is required, when consumable supplies expire, etc.

lease

Leasing AED’s
Leasing is ideal for the company that wants an AED program without a lot of coordination hassles. In a lease arrangement, a total solution is provided that lets the customer have one source for training, support, and maintenance without worrying about missing a critical software update or the unit being discontinued or the manufacturer going out of business. Leasing an AED with program management allows you to reduce your responsibility and liability while ensuring your facility is prepared for an emergency. We provide the following services with our leases to reduce your liability and ensure your facility maintains regulatory compliance:

1. Recall protection and upgrades - when a device requires new firmware or gets recalled or phased off the market, we will update or replace the unit at no additional cost
2. All consumables that expire without use are included in the cost of device. There are no unexpec ted costs for replacing batteries or electrodes.
3. Training can be included in your lease. Typically a CPR/AED/First Aid course for up to 10 participants every year is bundled into the typical lease agreement.
4. Devices get inspected every six months by a technician
5. Medical Direction by a Emergency Management boarded physician is included in your lease. If the d evice gets used, our physician reads the ECG and provides consultation.
6. No up-front cost! The lease starts with your regular monthly payment. Commitments are typically 2 years, and buy-out options are available for those wishing to purchase the devices after that time.

Defibrillators-AEDs-AEDs-HeartSine-Samaritan-PAD-AED

Heartsine Samaritan PAD.
The Heartsine Samaritan PAD AED is a lightweight AED device that makes automated defibrillation easy and inexpensive. It's two pound round profile and two button operation make life-saving electrical therapy easy for anyone. Heartsine Samaritan PAD Some features of the Heartsine Samaritan PAD:

1. SCOPE biphasic waveform
2. Graphical Interface
3. Integrated 4-year battery/electrode cartridge (Heartsine exclusive feature)
4. Convenient maintenance - only 1 expiration date to track
5. Inexpensive to purchase and maintain

This unit is ideal for Public Access Defibrillation (PAD) programs where the goal is to attend to victims of sudden cardiac arrest. It represents an ideal and cost-effective product for home AED programs, public programs such as mall or church venues, and corporate CPR/AED projects.
Buy List Price: $1595.00 or Lease for less than $85.00

AED_plus_pic

ZOLL AED Plus
The ZOLL AED Plus is a full rescue AED with prompts for both CPR and AED use. The unit is designed as a device to provide assistance with all phases of a resuscitation - from assessment, to CPR, to defibrillation. ZOLL AED Plus Some features of the ZOLL AED Plus:

1. Rectilinear biphasic waveform
2. One-Piece AED electrodes (ZOLL exclusive feature)
3. Prompts through unconscious patient assessment (ZOLL exclusive feature)
4. Detects slow chest compressions via a sensor on the patient's chest and provides a metronome to accelerate compressions (ZOLL exclusive feature)
5. Detects too little depth on a chest compression and providers a verbal prompt to increase depth ("PUSH HARDER") (ZOLL exclusive feature)
6. Four year electrode shelf-life
7. Uses consumer Lithium123A batteries (ZOLL exclusive feature)
8. Intelligent Pediatric Capability (ZOLL exclusive feature)

This unit is ideal for minimally trained rescuers to use in an organized response in a corporate or industrial environment.
ZOLL AED Pricing:
Buy Price: $1699.00 or Lease for as low as $80.00

Workplace AED 1

Defibrillators-AEDs-AEDs-HeartSine-Samaritan-PAD-AED

Workplace AED Program 1.
This is a basic AED program for public access defibrillation. This program focuses on resuscitation of a patient who collapses in sudden cardiac arrest and includes:
1 Samaritan PAD Automated External Defibrillator w/ carrying case
2 Electrodes / Batteries Pack
1 Accessory Kit
1 Wall Cabinet
1 AED Wall Cabinet w/ Alarm

Services Included:
AED Prescription
One Adult/Child CPR/AED class for up to 10 participants

Buy Pricing:$1595

Lease Option Available (Less than $70/month in most markets)


Click to request a Quote

Request A Quote Today!

Workplace AED 2

Defibrillators-AEDs-AEDs-HeartSine-Samaritan-PAD-AED

Workplace AED Program 2
This is a basic AED program for public access defibrillation. It is designed to prepare individuals for responding to emergencies that might include sudden collapse, injuries such as bleeding and broken bones, and medical emergencies such as diabetes and asthma. It differs from AED package 1 that the training component includes first aid. This program includes:
1 Samaritan PAD Automated External Defibrillator w/ carrying case
2 Electrodes / Batteries Pack
1 Accessory Kit
1 Wall Cabinet
1 AED Wall Cabinet with Alarm
1 First Aid Response Kit

Services Included: AED Prescription
One Adult/Child CPR/AED/ First Aid class for up to 10 participants

Buy Pricing:$1795

Lease Option Available (Less than $85/month in most markets)


Click to request a Quote

Request A Quote Today!

Medical Emergency Response Team (MERT) Program 1

Defibrillators-AEDs-AEDs-HeartSine-Samaritan-PAD-AED

Medical Emergency Response Team (MERT) Program 1
This is our most advanced program for Medical Emergency Responders. As the top-shelf program, the focus is placed on all aspects of bystander emergency care, such as cardiac arrest, bleeding and shock, broken bones, medical emergencies such as seizures and diabetic emergencies. This program includes:
1 Samaritan PAD Automated External Defibrillator w/ carrying case
2 Electrodes / Batteries Pack
1 AED Accessory Kit
1 Emergency Response Bag
1 Life Oxygen Softpac System
1 First Aid Response Kit

Services Included:
AED Prescription
One Adult/Child CPR/AED/First Aid class for up to 10 participants

Buy Pricing:$2295

Lease Option Available (Less than $115/month in most markets)


Click to request a Quote

Request A Quote Today!


Short Term Leasing is ideal for: Summer camps, Youth Sports Leagues, Construction Sites, Ski Resorts, Theme Parks, and other seasonal organizations
While AED’s are ever-more available and affordable, some organizations still struggle with cost issues. Most AED’s go unused and the electrodes, batteries, and other consumables end up expiring and needing replacement. For these environments, the cost of an AED is in the up-front expense and the cost of consumables over time rather than cost-per-use.

For many organizations and businesses, particularly seasonal businesses, it makes little sense to own an AED. Imagine a summer camp with a two month season - this organization would end up paying for batteries and electrodes and using the device only two out of 12 months.

More cost-effective options exists - Our Short Term Lease program allows organizations to lease an AED for a season. You receive an up-to-date, recall-free AED with batteries and electrodes guaranteed for the length of that season. Configurations include adult-only or adult/pediatric, and the unit is shipped to the site, and the customer simply ships it back at the end of the season. Cost for most leases under 4 months is around $275 in most markets.

Benefits to Short-Term-Leasing:
No up-front capital costs to buy machines
Lower ongoing cost of ownership
Guaranteed device consumables
Guaranteed recall-free devices
Easy one-call ordering with no maintenance

Cost: For most leases under 4 months cost is around $275 in most markets.

Contact us about short-term AED leasing by using the quote request button below.

Click to request a Quote

Request A Quote Today!

heartsine samaritan pad aed package with adult pad pak electrodes

Workplace AED Program 1 ($69/month in most markets)
This is a basic AED program for public access defibrillation. This program focuses on resuscitation of a patient who collapses in sudden cardiac arrest and includes:
1 Samaritan PAD Automated External Defibrillator w/ carrying case
2 Electrodes / Batteries Pack
1 Accessory Kit
1 Wall Cabinet
1 AED Wall Cabinet w/ Alarm

Services Included:
AED Prescription
One Adult/Child CPR/AED class for up to 10 participants
Replacement of expired electrodes/batteries
AED software upgrades as needed
One training course per year
Inspection of AED unit every 6 months
Physician medical direction
P&P writing and EMS notification where needed

Click to request a Quote

Click edit button to change this text.

heartsine samaritan pad aed package with adult pad pak electrodes

Workplace AED Program 2 ($80/month in most markets)
This is a basic AED program for public access defibrillation. It is designed to prepare individuals for responding to emergencies that might include sudden collapse, injuries such as bleeding and broken bones, and medical emergencies such as diabetes and asthma. It differs from AED package 1 that the training component includes first aid. This program includes:
1 Samaritan PAD Automated External Defibrillator w/ carrying case
2 Electrodes / Batteries Pack
1 Accessory Kit
1 Wall Cabinet
1 AED Wall Cabinet with Alarm
1 First Aid Response Kit

Services Included:
AED Prescription
One Adult/Child CPR/AED/First Aid class for up to 10 participants
Replacement of expired electrodes/batteries
AED software upgrades as needed
One training course per year
Inspection of AED unit every 6 months
Physician medical direction
P&P writing and EMS notification where needed

Click to request a Quote

Click edit button to change this text.

heartsine samaritan pad aed package with adult pad pak electrodes

Medical Emergency Response Team (MERT) Program 1 ($109/month in most markets)
This is our most advanced program for Medical Emergency Responders. As the top-shelf program the focus is placed on all aspects of bystander emergency care, such as cardiac arrest, bleeding and shock, broken bones, medical emergencies such as seizures or diabetic emergencies. This program includes:
1 Samaritan PAD Automated External Defibrillator w/ carrying case
2 Electrodes / Batteries Pack
1 AED Accessory Kit
1 Emergency Response Bag
1 Life Oxygen Softpac System
1 First Aid Response Kit

Services Included:
AED Prescription
One Adult/Child CPR/AED/First Aid class for up to 10 participants
Replacement of expired electrodes/batteries
AED software upgrades as needed
One training course per year
Inspection of AED unit every 6 months
Physician medical direction
P&P writing and EMS notification where needed

Click to request a Quote

Click edit button to change this text.