January 11, 2006





HOUSE BILL No. 1106

_____


DIGEST OF HB 1106 (Updated January 10, 2006 11:50 am - DI 77)



Citations Affected: IC 16-31; IC 34-30.

Synopsis: Automatic external defibrillators. Removes the requirements 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.





Crouch




    January 5, 2006, read first time and referred to Committee on Public Health.
    January 10, 2006, reported _ Do Pass.






January 11, 2006

Second Regular Session 114th General Assembly (2006)


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.
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HOUSE BILL No. 1106



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-31-6.5-4; (06)HB1106.1.1. -->     SECTION 1. IC 16-31-6.5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. A person or entity acquiring a defibrillator shall 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.
SOURCE: IC 34-30-12-1; (06)HB1106.1.2. -->     SECTION 2. IC 34-30-12-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) This section does not apply to services rendered by a health care provider (as defined in

IC 34-18-2-14 or IC 27-12-2-14 before its repeal) to a patient in a health care facility (as defined in IC 27-8-10-1).
    (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 emergency care at the scene of the emergency or accident is immune from civil liability for any personal injury that results from:
        (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.