Bill Text: FL S2556 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Medical Devices [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Messages, companion bill(s) passed, see HB 5311 (Ch. 2010-161) [S2556 Detail]

Download: Florida-2010-S2556-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 2556 
 
By the Committee on Health Regulation; and Senator Altman 
588-04761-10                                          20102556c1 
1                        A bill to be entitled 
2         An act relating to automated external defibrillators; 
3         amending s. 401.2915, F.S.; requiring certain entities 
4         to notify local emergency services medical directors 
5         of the 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         providing for construction; providing an effective 
16         date. 
17 
18  Be It Enacted by the Legislature of the State of Florida: 
19 
20         Section 1. Section 401.2915, Florida Statutes, is amended 
21  to read: 
22         401.2915 Automated external defibrillators.—It is the 
23  intent of the Legislature that an automated external 
24  defibrillator may be used by any person for the purpose of 
25  saving the life of another person in cardiac arrest. In order to 
26  achieve that goal, the Legislature intends to encourage training 
27  in lifesaving first aid and set standards for and encourage the 
28  use of automated external defibrillators. 
29         (1) As used in this section, the term: 
30         (a) “Automated external defibrillator” means a device as 
31  defined in s. 768.1325(2)(b). 
32         (b) “Defibrillation” means the administration of a 
33  controlled electrical charge to the heart to restore a viable 
34  cardiac rhythm. 
35         (2) In order to promote public health and safety: 
36         (a) All persons who use an automated external defibrillator 
37  are encouraged to obtain appropriate training, to include 
38  completion of a course in cardiopulmonary resuscitation or 
39  successful completion of a basic first aid course that includes 
40  cardiopulmonary resuscitation training, and demonstrated 
41  proficiency in the use of an automated external defibrillator. 
42         (b) Any person or entity in possession of an automated 
43  external defibrillator is encouraged to notify the local 
44  emergency medical services medical director of the location of 
45  the automated external defibrillator. The owner, operator, or 
46  administrator responsible for a place of public assembly, as 
47  defined in s. 768.1326, shall notify the local emergency medical 
48  services medical director of the location of the automated 
49  external defibrillator. The state agency responsible for a 
50  building or portion of a building owned or leased by the state 
51  shall notify the local emergency medical services medical 
52  director of the location of the automated external 
53  defibrillator. The local emergency medical services medical 
54  director shall maintain a registry of these automated external 
55  defibrillator locations. 
56         (c) Any person who uses an automated external defibrillator 
57  shall activate the emergency medical services system as soon as 
58  possible upon use of the automated external defibrillator. 
59         (3) Any person who intentionally or willfully: 
60         (a) Tampers with or otherwise renders an automated external 
61  defibrillator inoperative, except during such time as the 
62  automated external defibrillator is being serviced, tested, 
63  repaired, recharged, or inspected or except pursuant to court 
64  order; or 
65         (b) Obliterates the serial number on an automated external 
66  defibrillator for purposes of falsifying service records, 
67 
68  commits a misdemeanor of the first degree, punishable as 
69  provided in s. 775.082 or s. 775.083. Paragraph (a) does not 
70  apply to the owner of the automated external defibrillator or 
71  the owner’s authorized representative or agent. 
72         (4) Each local and state law enforcement vehicle may carry 
73  an automated external defibrillator. 
74         Section 2. Section 768.1326, Florida Statutes, is amended 
75  to read: 
76         768.1326 Placement of automated external defibrillators in 
77  state buildings and places of public assembly; rulemaking 
78  authority.— 
79         (1) No later than January 1, 2003, The State Surgeon 
80  General shall adopt rules to establish guidelines on the 
81  appropriate placement of automated external defibrillator 
82  devices in buildings or portions of buildings owned or leased by 
83  the state and in places of public assembly, and shall establish, 
84  by rule, recommendations on procedures for the deployment of 
85  automated external defibrillator devices in such buildings and 
86  places of public assembly in accordance with the guidelines. The 
87  Secretary of Management Services shall assist the State Surgeon 
88  General in the development of the guidelines. The guidelines for 
89  the placement of the automated external defibrillators shall 
90  take into account the typical number of employees and visitors 
91  in the building or place of public assembly buildings, the 
92  extent of the need for security measures regarding the building 
93  or place of public assembly buildings, special circumstances in 
94  the building or a portion of the building buildings or portions 
95  of buildings such as high electrical voltages or extreme heat or 
96  cold, and such other factors as the State Surgeon General and 
97  Secretary of Management Services determine to be appropriate. 
98  For purposes of this section, the term “place of public 
99  assembly” means a location with a seating capacity of at least 
100  1,000 people and includes, but is not limited to, any stadium, 
101  ballpark, gymnasium, field house, arena, civic center, or 
102  similar facility used for the conduct of sporting events and any 
103  concert hall, recital hall, theater, indoor or outdoor 
104  amphitheatre, or other auditorium used for the presentation of 
105  musical performances or concerts. The term does not include any 
106  church, synagogue, or other not-for-profit religious 
107  organization or any public association or public library. The 
108  State Surgeon General’s recommendations for deployment of 
109  automated external defibrillators in buildings or portions of 
110  buildings owned or leased by the state or in places of public 
111  assembly shall include: 
112         (a)(1) A reference list of appropriate training courses in 
113  the use of such devices, including the role of cardiopulmonary 
114  resuscitation; 
115         (b)(2) The extent to which such devices may be used by 
116  laypersons; 
117         (c)(3) Manufacturer recommended maintenance and testing of 
118  the devices; and 
119         (d)(4) Coordination with local emergency medical services 
120  systems regarding registration of automated external 
121  defibrillators and documentation of the incidents of use of the 
122  devices. 
123 
124  In formulating these guidelines and recommendations, the State 
125  Surgeon General may consult with all appropriate public and 
126  private entities, including national and local public health 
127  organizations that seek to improve the survival rates of 
128  individuals who experience cardiac arrest. 
129         (2) This section may not be construed to: 
130         (a) Prohibit a county or municipal government from 
131  enacting, implementing, and enforcing any local ordinance that 
132  expands the requirements of this section for the placement of 
133  automated external defibrillators in a place of pubic assembly; 
134  or 
135         (b) Mandate the placement of any automated external 
136  defibrillator in any place of public assembly. 
137         Section 3. This act shall take effect July 1, 2010.