Bill Text: FL H0373 | 2011 | Regular Session | Introduced

---

Bill Title: Automated External Defibrillators

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0373 Detail]

Download: Florida-2011-H0373-Introduced.html

---

HB 373

1	A bill to be entitled
2	An act relating to automated external defibrillators;
3	amending s. 401.2915, F.S.; requiring certain entities to
4	notify local emergency services medical directors of the
5	locations of automated external defibrillators; requiring
6	local emergency medical services medical directors to
7	maintain registries of certain automated external
8	defibrillator locations; amending s. 768.1326, F.S.;
9	directing the State Surgeon General, with the assistance
10	of the Department of Management Services, to adopt rules
11	to establish guidelines for the appropriate placement and
12	deployment of automated external defibrillators in places
13	of public assembly; providing a definition; providing
14	exceptions; clarifying the scope of the requirements of
15	the act; amending s. 1006.165, F.S.; requiring the
16	placement of an automated external defibrillator in each
17	public school in this state; requiring training of certain
18	persons; requiring registration of such devices with local
19	emergency medical services medical directors; providing an
20	effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Section 401.2915, Florida Statutes, is amended
25	to read:
26	401.2915  Automated external defibrillators.-It is the
27	intent of the Legislature that an automated external
28	defibrillator may be used by a any person for the purpose of
29	saving the life of another person in cardiac arrest. In order to
30	achieve that goal, the Legislature intends to encourage training
31	in lifesaving first aid and set standards for and encourage the
32	use of automated external defibrillators.
33	(1)  As used in this section, the term:
34	(a)  "Automated external defibrillator" means a device as
35	defined in s. 768.1325(2)(b).
36	(b)  "Defibrillation" means the administration of a
37	controlled electrical charge to the heart to restore a viable
38	cardiac rhythm.
39	(2)  In order to promote public health and safety:
40	(a)  All persons who use an automated external
41	defibrillator are encouraged to obtain appropriate training, to
42	include completion of a course in cardiopulmonary resuscitation
43	or successful completion of a basic first aid course that
44	includes cardiopulmonary resuscitation training, and
45	demonstrated proficiency in the use of an automated external
46	defibrillator.
47	(b)  A Any person or entity in possession of an automated
48	external defibrillator is encouraged to notify the local
49	emergency medical services medical director of the location of
50	the automated external defibrillator. The owner, operator, or
51	administrator responsible for a place of public assembly, as
52	defined in s. 768.1326, shall notify the local emergency medical
53	services medical director of the location of the automated
54	external defibrillator. The state agency responsible for a
55	building or portion of a building owned or leased by the state
56	shall notify the local emergency medical services medical
57	director of the location of the automated external
58	defibrillator. The local emergency medical services medical
59	director shall maintain a registry of these automated external
60	defibrillator locations.
61	(c)  A Any person who uses an automated external
62	defibrillator shall activate the emergency medical services
63	system as soon as possible upon use of the automated external
64	defibrillator.
65	(3)  A Any person who intentionally or willfully:
66	(a)  Tampers with or otherwise renders an automated
67	external defibrillator inoperative, except during such time as
68	the automated external defibrillator is being serviced, tested,
69	repaired, recharged, or inspected or except pursuant to court
70	order; or
71	(b)  Obliterates the serial number on an automated external
72	defibrillator for purposes of falsifying service records,
73
74	commits a misdemeanor of the first degree, punishable as
75	provided in s. 775.082 or s. 775.083. Paragraph (a) does not
76	apply to the owner of the automated external defibrillator or
77	the owner's authorized representative or agent.
78	(4)  Each local and state law enforcement vehicle may carry
79	an automated external defibrillator.
80	Section 2.  Section 768.1326, Florida Statutes, is amended
81	to read:
82	768.1326  Placement of automated external defibrillators in
83	state buildings and places of public assembly; rulemaking
84	authority.-
85	(1)  No later than January 1, 2003, The State Surgeon
86	General shall adopt rules to establish guidelines on the
87	appropriate placement of automated external defibrillator
88	devices in buildings or portions of buildings owned or leased by
89	the state and places of public assembly, and shall establish, by
90	rule, recommendations on procedures for the deployment of
91	automated external defibrillator devices in such buildings and
92	places of public assembly in accordance with the guidelines. The
93	Secretary of Management Services shall assist the State Surgeon
94	General in the development of the guidelines. The guidelines for
95	the placement of the automated external defibrillators shall
96	take into account the typical number of employees and visitors
97	in the building or place of public assembly buildings, the
98	extent of the need for security measures regarding the building
99	or place of public assembly buildings, special circumstances in
100	the building or a portion of the building buildings or portions
101	of buildings such as high electrical voltages or extreme heat or
102	cold, and such other factors as the State Surgeon General and
103	Secretary of Management Services determine to be appropriate. As
104	used in this section, the term "place of public assembly" means
105	an educational facility used as an emergency shelter or a
106	location that has a seating capacity of at least 1,000 people
107	and includes, but is not limited to, any stadium, ballpark,
108	gymnasium, field house, arena, civic center, or similar facility
109	used for the conduct of sporting events and any concert hall,
110	recital hall, theater, indoor or outdoor amphitheatre, or other
111	auditorium used for the presentation of musical performances or
112	concerts. The term does not include any church, synagogue, or
113	other not-for-profit religious organization or any public
114	association or public library. The State Surgeon General's
115	recommendations for deployment of automated external
116	defibrillators in buildings or portions of buildings owned or
117	leased by the state or in places of public assembly shall
118	include:
119	(a)(1)  A reference list of appropriate training courses in
120	the use of such devices, including the role of cardiopulmonary
121	resuscitation;
122	(b)(2)  The extent to which such devices may be used by
123	laypersons;
124	(c)(3)  Manufacturer recommended maintenance and testing of
125	the devices; and
126	(d)(4)  Coordination with local emergency medical services
127	systems regarding registration of automated external
128	defibrillators and documentation of the incidents of use of the
129	devices.
130
131	In formulating these guidelines and recommendations, the State
132	Surgeon General may consult with all appropriate public and
133	private entities, including national and local public health
134	organizations that seek to improve the survival rates of
135	individuals who experience cardiac arrest.
136	(2)  This section does not:
137	(a)  Prohibit a county or municipal government from
138	enacting, implementing, and enforcing any local ordinance that
139	expands the requirements of this section for the placement of
140	automated external defibrillators in a place of public assembly;
141	(b)  Mandate the placement of any automated external
142	defibrillator in any place of public assembly; or
143	(c)  Authorize the adoption of rules, guidelines, or
144	recommendations that would establish any legal standard of care
145	in civil actions.
146	Section 3.  Section 1006.165, Florida Statutes, is amended
147	to read:
148	1006.165  Automated external defibrillator; user training.-
149	(1)  Each public school in this state that is a member of
150	the Florida High School Athletic Association must have an
151	operational automated external defibrillator on the school
152	grounds. Public and private partnerships are encouraged to cover
153	the cost associated with the purchase and placement of the
154	defibrillator and training in the use of the defibrillator.
155	(2)  Each school must ensure that all employees or
156	volunteers who are reasonably expected to use the device obtain
157	appropriate training, including completion of a course in
158	cardiopulmonary resuscitation or a basic first aid course that
159	includes cardiopulmonary resuscitation training, and
160	demonstrated proficiency in the use of an automated external
161	defibrillator.
162	(3)  The location of each automated external defibrillator
163	must be registered with a local emergency medical services
164	medical director.
165	(4)  The use of automated external defibrillators by
166	employees and volunteers is covered under ss. 768.13 and
167	768.1325.
168	Section 4.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.