Add Notes

State of South Dakota  
SEVENTY-NINTH SESSION
LEGISLATIVE ASSEMBLY,  2004
 

337J0210  
HOUSE BILL   NO.     1272  

Introduced by:     Representatives Rave, Bartling, Buckingham, Burg, Christensen, Cradduck, Dykstra, Frost, Heineman, Hunhoff, Lintz, McCaulley, Michels, Miles, Murschel, Olson (Mel), Sebert, and Van Etten and Senators Diedrich (Larry), Abdallah, Duniphan, Duxbury, Knudson, and Schoenbeck  



         FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the use of automated external defibrillators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 20-9-4.3 be amended to read as follows:
     20-9-4.3.   Terms used in § §   20-9-4.3 to 20-9-4.8, inclusive, mean:
             (1)    "AED," an automated external defibrillator;
             (2)    "Person," a natural person, organization, corporation, partnership, limited partnership, joint venture, association, or any other legal or commercial entity ;
             (3)    "Physician," a physician licensed pursuant to chapter 36-4 .
     Section  2.  That § 20-9-4.4 be amended to read as follows:
     20-9-4.4.   Any person, who in good faith obtains an AED for use in providing emergency care or treatment or utilizes an AED , is immune from civil liability for any injury as a result of such emergency care or treatment or as a result of an act or failure to act in providing or arranging such medical emergency care or treatment. This immunity applies only if the

following requirements are fulfilled:

             (1)      The person tests and maintains the AED, or arranges to have such testing and maintenance performed on the AED pursuant to the AED manufacturer's specifications;
             (2)      The person involves a physician to authorize in writing AED placement and compliance with the requirements for AED training, notification of placement and use, and maintenance;
             (3)      An emergency medical services system is activated when an AED has been used to render emergency care or treatment; and
             (4)      The person has reported any emergency use of the AED to the physician.
     Section  3.  That § 20-9-4.8 be amended to read as follows:
     20-9-4.8.   The immunity from civil liability under § §   20-9-4.3 to 20-9-4.8, inclusive, §  20-9- 4.4 does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering such emergency care.
     Section  4.  That § 20-9-4.5 be repealed.
     20-9-4.5.   Any physician who provides those services stated in subdivision 20-9-4.4(2) is immune from civil liability for any personal injury that occurs as a result of emergency care or treatment rendered using the AED or as a result of an act or failure to act in providing or arranging such medical treatment.
     Section  5.  That § 20-9-4.6 be repealed.
     20-9-4.6.   Any person who provides AED training is immune from civil liability for any personal injury that occurs as a result of emergency care or treatment rendered using the AED or as a result of an act or failure to act in providing or arranging such medical treatment.
     Section  6.  That § 20-9-4.7 be repealed.
     20-9-4.7.   Any person who acquires an AED shall notify an agent of the emergency communications or vehicle dispatch center of the existence, location, and type of AED.