Synopsis: Automatic external defibrillators. Allows certain persons
who provides emergency medical services to use an automated external
defibrillator without requiring a certificate. Removes: (1) the use of an
automatic or semiautomatic defibrillator from the definition of basic
life support; and (2) the requirement that a person or entity that
acquires a defibrillator ensure that the users have completed certain
courses and have enlisted a physician for medical direction.
Effective: July 1, 2006.
January 5, 2006, read first time and referred to Committee on Public Health.
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
through an auto-injector.
supervision of a licensed physician; or
emergency care at the scene of the emergency or accident is immune
from civil liability for any personal injury that results from:
(SENATE SPONSORS _ BECKER, BREAUX, DILLON)
January 10, 2006, reported _ Do Pass.
January 17, 2006, read second time, ordered engrossed.
January 18, 2006, engrossed.
January 19, 2006, read third time, passed. Yeas 96, nays 0.
January 26, 2006, read first time and referred to Committee on Health and Provider
Services.
February 16, 2006, reported favorably _ Do Pass.
February 20, 2006, read second time, amended, ordered engrossed.
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 2005 Regular Session of the General Assembly.
(1) Assessment of emergency patients.
(2) Administration of oxygen.
(3) Use of mechanical breathing devices.
(4) Application of anti-shock trousers.
(5) Performance of cardiopulmonary resuscitation.
(6) Application of dressings and bandage materials.
(7) Application of splinting and immobilization devices.
(8) Use of lifting and moving devices to ensure safe transport.
(9) Use of an automatic or a semiautomatic defibrillator if the
defibrillator is used in accordance with training procedures
established by the Indiana emergency medical services
commission.
(10) (9) Administration by an emergency medical technician or
emergency medical technician-basic advanced of epinephrine
(11) (10) For an emergency medical technician-basic advanced,
the following:
(A) Electrocardiogram interpretation.
(B) Manual external defibrillation.
(C) Intravenous fluid therapy.
(12) (11) Other procedures authorized by the Indiana emergency
medical services commission, including procedures contained in
the revised national emergency medical technician basic training
curriculum guide.
(b) Except as provided by:
(1) subsection (a)(10) (a)(9) and the training and certification
standards established under IC 16-31-2-9(4); IC 16-31-2-9(3);
(2) subsection (a)(11)(C); (a)(10)(C); and
(3) the training standards established under IC 16-31-2-9(5);
IC 16-31-2-9(4);
the term does not include invasive medical care techniques or advanced
life support.
(1) Standards for persons who provide emergency medical
services and who are not licensed or regulated under IC 16-31-3.
(2) Training and certification standards for the use of automatic
and semiautomatic defibrillators by first responders.
(3) (2) Training standards for the administration of antidotes,
vaccines, and antibiotics to prepare for or respond to a terrorist or
military attack.
(4) (3) Training and certification standards for the administration
of epinephrine through an auto-injector by:
(A) an emergency medical technician; or
(B) an emergency medical technician-basic advanced.
(5) (4) Training standards to permit the use of antidote kits
containing atropine and pralidoxime chloride for the treatment of
exposure to nerve agents by an emergency medical
technician-basic advanced, an emergency medical technician, or
a first responder.
(1) a licensed physician;
(2) a registered nurse or an individual acting under the
(3) a person providing health care in a hospital or an ambulatory
outpatient surgical center licensed under IC 16-21;
may not furnish, operate, conduct, maintain, advertise, or otherwise be
engaged in providing emergency medical services, except for the use
of an automated external defibrillator, as a part of the regular course
of doing business, either paid or voluntary, unless that person holds a
valid certificate issued by the commission.
(b) A:
(1) licensed physician;
(2) registered nurse or an individual acting under the supervision
of a licensed physician; or
(3) person providing health care in a hospital or an ambulatory
outpatient surgical center licensed under IC 16-21;
who operates a business
(A) of transporting emergency patients by ambulance or
(B) using a nontransporting emergency medical services
vehicle
must hold a valid certificate issued by the commission under this
article.
do the following:
(1) Ensure that expected 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. The user of a defibrillator
shall possess demonstrated proficiency in defibrillation and
cardiopulmonary resuscitation.
(2) ensure that the defibrillator is maintained and tested according
to the manufacturer's operational guidelines.
(3) Enlist medical direction by a licensed physician in the use of
the defibrillator and cardiopulmonary resuscitation.
(b) Except as provided in subsection (c), a person who comes upon
the scene of an emergency or accident or is summoned to the scene of
an emergency or accident and, in good faith, gratuitously renders
(1) any act or omission by the person in rendering the emergency
care; or
(2) any act or failure to act to provide or arrange for further
medical treatment or care for the injured person;
except for acts or omissions amounting to gross negligence or willful
or wanton misconduct.
(c) This subsection applies to a person to whom IC 16-31-6.5
applies. A person who gratuitously renders emergency care involving
the use of an automatic external defibrillator is immune from liability
for any act or omission not amounting to gross negligence or willful or
wanton misconduct if the person fulfills the requirements set forth in
IC 16-31-6.5.
(d) This subsection applies to an individual, business, or
organization to which IC 16-31-6.5 applies. An individual, business, or
organization that allows a person who is an expected user to use an
automatic external defibrillator of the individual, business, or
organization to in good faith gratuitously render emergency care is
immune from civil liability for any damages resulting from an act or
omission not amounting to gross negligence or willful or wanton
misconduct by the user or for acquiring or providing the automatic
external defibrillator to the user for the purpose of rendering the
emergency care if the individual, business, or organization and the user
fulfill the requirements set forth in IC 16-31-6.5.
(e) The A licensed physician who gives medical direction in the use
of a defibrillator under IC 16-31-6.5-4 or a national or state approved
defibrillator instructor of a person who gratuitously renders emergency
care involving the use of an automatic external defibrillator is immune
from civil liability for any act or omission of the licensed physician or
instructor if
(1) the act or omission of the licensed physician or instructor:
(A) (1) involves the training for or use of an automatic external
defibrillator; and
(B) (2) does not amount to gross negligence or willful or wanton
misconduct. and
(2) the licensed physician or instructor fulfills the requirements of
IC 16-31-6.5.