Bill Text: FL S1082 | 2011 | Regular Session | Introduced
Bill Title: Medical Devices
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1082 Detail]
Download: Florida-2011-S1082-Introduced.html
Florida Senate - 2011 SB 1082
By Senator Altman
24-00643-11 20111082__
1 A bill to be entitled
2 An act relating to medical devices; amending s.
3 401.2915, F.S.; requiring certain entities to notify
4 local emergency services medical directors of the
5 locations of automated external defibrillators;
6 requiring local emergency medical services medical
7 directors to maintain registries of certain automated
8 external defibrillator locations; amending s.
9 768.1326, F.S.; directing the State Surgeon General,
10 with the assistance of the Department of Management
11 Services, to adopt rules to establish guidelines for
12 the appropriate placement and deployment of automated
13 external defibrillators in places of public assembly;
14 providing a definition; providing exceptions;
15 clarifying the scope of the requirements of the act;
16 amending s. 1006.165, F.S.; requiring the placement of
17 an automated external defibrillator in each public
18 school in this state; requiring training of certain
19 persons; requiring registration of such devices with
20 local emergency medical services medical directors;
21 providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 401.2915, Florida Statutes, is amended
26 to read:
27 401.2915 Automated external defibrillators.—It is the
28 intent of the Legislature that an automated external
29 defibrillator may be used by a any person for the purpose of
30 saving the life of another person in cardiac arrest. In order to
31 achieve that goal, the Legislature intends to encourage training
32 in lifesaving first aid and set standards for and encourage the
33 use of automated external defibrillators.
34 (1) As used in this section, the term:
35 (a) “Automated external defibrillator” means a device as
36 defined in s. 768.1325(2)(b).
37 (b) “Defibrillation” means the administration of a
38 controlled electrical charge to the heart to restore a viable
39 cardiac rhythm.
40 (2) In order to promote public health and safety:
41 (a) All persons who use an automated external defibrillator
42 are encouraged to obtain appropriate training, to include
43 completion of a course in cardiopulmonary resuscitation or
44 successful completion of a basic first aid course that includes
45 cardiopulmonary resuscitation training, and demonstrated
46 proficiency in the use of an automated external 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 external
67 defibrillator inoperative, except during such time as the
68 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.
