State of South Dakota
|
EIGHTIETH SESSION LEGISLATIVE ASSEMBLY, 2005 |
841L0771 |
HOUSE BILL
NO.
1245
|
Introduced by:
Representative Rave and Senator Dempster
|
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:
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:
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
(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.
Section 3. That § 20-9-4.8 be amended to read as follows:
20-9-4.8. The immunity from civil liability under
Section 4. That § 20-9-4.5 be repealed.
Section 5. That § 20-9-4.6 be repealed.
Section 6. That § 20-9-4.7 be repealed.