Bill Text: NJ A4434 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides immunity from civil liability to certain individuals who acquire or use an automated external defibrillator.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-05 - Introduced, Referred to Assembly Health and Senior Services Committee [A4434 Detail]
Download: New_Jersey-2010-A4434-Introduced.html
Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
Assemblyman JASON O'DONNELL
District 31 (Hudson)
SYNOPSIS
Provides immunity from civil liability to certain individuals who acquire or use an automated external defibrillator.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the acquisition and use of automated external defibrillators, and amending P.L.1999, c.34, P.L.2005, c.346, and P.L.2004, c.93.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1999, c.34 (C.2A:62A-23) is amended to read as follows:
1. The Legislature finds that [more]:
a. More than 350,000 Americans die annually from out-of-hospital sudden cardiac arrest. Many die needlessly because life saving defibrillators are not immediately available. The American Heart Association estimates that almost 100,000 deaths could be prevented each year if defibrillators were more widely available [to designated responders.
Many communities in this State have invested in 911 emergency telephone equipment, ambulances and the training of emergency personnel. Not all emergency personnel, however, have been trained in or have immediate access to defibrillators.];
b. Due to technological advances, automated external defibrillators may be used by lay persons without any training to provide defibrillation within the first minutes of cardiac arrest to victims, thereby increasing the victims' chances of survival; and
c. It is the intent of the Legislature to encourage greater acquisition, deployment, and use of automated external defibrillators [by trained personnel] throughout this State by expanding immunity from civil liability of persons who acquire automated external defibrillators and by granting immunity from civil liability to lay persons who use them in good faith in emergency situations.
(cf: P.L.1999, c.34, s.1)
2. Section 3 of P.L.1999, c.34 (C.2A:62A-25) is amended to read as follows:
3. A person or entity that acquires an automated external defibrillator shall:
a. Ensure that any person, who is anticipated by the person or entity that acquires the defibrillator to be in a position to render emergency care or treatment by the use of a defibrillator in the performance of that person's duties of employment or volunteer service, shall, prior to using that defibrillator, [has] have successfully completed and [holds] hold a current certification from the American Red Cross, American Heart Association, or other training program recognized by the Department of Health and Senior Services in cardio-pulmonary resuscitation and use of a defibrillator; however, a person or entity that acquires a defibrillator shall not be liable for any act or omission of any lay person who uses the defibrillator in the rendering of emergency care;
b. Ensure that the defibrillator is maintained and tested according to the manufacturer's operational guidelines;
c. Notify the appropriate first aid, ambulance [or], rescue squad, or other appropriate emergency medical services provider that the person or entity has acquired the defibrillator, the type acquired, and its location; and
d. Prior to purchasing the automated external defibrillator, provide the prescribing licensed physician with documentation that the person or entity purchasing the defibrillator has a protocol in place to comply with the requirements of subsections a., b., and c. of this section.
(cf: P.L.1999, c.34, s.3)
3. Section 4 of P.L.1999, c.34 (C.2A:62A-26) is amended to read as follows:
4. a. [A person shall not use a defibrillator unless he has successfully completed and holds a current certification from the American Red Cross, American Heart Association or other training program recognized by the Department of Health and Senior Services in cardio-pulmonary resuscitation and use of a defibrillator; provided however, this section shall not be applicable to a person who is licensed as a paramedic, emergency medical technician-D, or a first responder-D by the Department of Health and Senior Services.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
b. Any person who uses a defibrillator shall request emergency medical assistance from the appropriate first aid, ambulance, or rescue squad as soon as practicable; however, a lay person who, in good faith, fails to request emergency medical assistance pursuant to this subsection shall be immune from civil liability for any personal injury that results from that failure.
(cf: P.L.1999, c.34, s.4)
4. Section 5 of P.L.1999, c.34 (C.2A:62A-27) is amended to read as follows:
5. a. (1) Any person or entity who, in good faith, acquires or provides a defibrillator, renders emergency care or treatment by the use of a defibrillator [or], assists in or supervises [such] the emergency care or treatment by the use of a defibrillator, or attempts to use a defibrillator for the purpose of rendering emergency care or treatment, and[,] who has complied with the requirements of this act, shall be immune from civil liability for any personal injury as a result of [such] that care or treatment, or as a result of any acts or omissions by the person or entity in providing, rendering, assisting in, or supervising the emergency care or treatment.
(2) A person or entity providing or maintaining an automatic external defibrillator shall not be liable for any act or omission involving the use of a defibrillator in the rendering of emergency care by a lay person.
b. The immunity provided in subsection a. of this section shall include the prescribing licensed physician and the person or entity who provided [the] training in cardio-pulmonary resuscitation and use of the defibrillator.
c. This subsection shall not immunize a person for any act of gross negligence or willful or wanton misconduct. It shall not be considered gross negligence or willful or wanton misconduct to fail to use a defibrillator in the absence of an otherwise preexisting duty to do so.
(cf: P.L.1999, c.34, s.5)
5. Section 2 of P.L.2005, c.346 (C.2A:62A-31) is amended to read as follows:
2. No later than one year after the effective date of this act:
a. The owner or operator of a health club registered with the Director of the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to P.L.1987, c.238 (C.56:8-39 et seq.) shall:
(1) acquire at least one automated external defibrillator as defined in section 2 of P.L.1999, c.34 (C.2A:62A-24), and store it in an accessible location within the health club that is known and available to the employees of the health club for the purposes of this act; and
(2) ensure that the automated external defibrillator is tested and maintained, and provide notification to the appropriate first aid, ambulance [or], rescue squad, or other appropriate emergency medical services provider regarding the defibrillator, the type acquired, and its location, pursuant to section 3 of P.L.1999, c.34 (C.2A:62A-25); and
b. The owner or operator of a health club that is subject to the provisions of subsection a. of this section shall:
(1) arrange and pay for training in cardio-pulmonary resuscitation and the use of an automated external defibrillator for the employees of that health club in accordance with the provisions of [section 3 of P.L.1999, c.34 (C.2A:62A-25)] paragraph (2) of this subsection;
(2) ensure that the health club has at least one employee on site during its normal business hours who [is trained in cardio-pulmonary resuscitation and the use of an automated external defibrillator in accordance with the provisions of section 3 of P.L.1999, c.34 (C.2A:62A-25)] holds current certification from the American Red Cross, American Heart Association, or other training program recognized by the Department of Health and Senior Services in cardio-pulmonary resuscitation and use of a defibrillator; and
(3) ensure that [the employees of that health club comply with the provisions of section 4 of P.L.1999, c.34 (C.2A:62A-26) concerning the use of the automated external defibrillator] an employee who uses a defibrillator requests emergency medical assistance from the appropriate first aid, ambulance, or rescue squad as soon as practicable.
(cf: P.L. 2005, c.346, s.2)
6. Section 1 of P.L.2004, c.93 (C.26:2H-12.26) is amended to read as follows:
1. A nursing home that is licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall, no later than one year after the effective date of P.L.2004, c.93 (C.26:2H-12.26), and an assisted living facility that is licensed pursuant to P.L.1971, c.136 shall, no later than one year after the effective date of P.L.2009, c.46:
a. acquire at least one defibrillator as defined in section 2 of P.L.1999, c.34 (C.2A:62A-24), which shall be maintained in a central location within the nursing home or assisted living facility that shall be made known and available to the employees of the nursing home or assisted living facility for the purposes of this act;
b. ensure that the defibrillator is tested and maintained, and provide notification to the appropriate first aid, ambulance [or], rescue squad, or other appropriate emergency medical services provider regarding the defibrillator, the type acquired, and its location, pursuant to section 3 of P.L.1999, c.34 (C.2A:62A-25);
c. arrange and pay for training in cardio-pulmonary resuscitation and the use of a defibrillator for employees of the nursing home or assisted living facility [in accordance with the provisions of section 3 of P.L.1999, c.34 (C.2A:62A-25)] to ensure that the employees hold current certification from the American Red Cross, American Heart Association, or other training program recognized by the Department of Health and Senior Services in cardio-pulmonary resuscitation and use of a defibrillator; and
d. ensure that [the employees of the nursing home or assisted living facility comply with the provisions of section 4 of P.L.1999, c.34 (C.2A:62A-26) concerning the use of the defibrillator] an employee who uses a defibrillator requests emergency medical assistance from the appropriate first aid, ambulance, or rescue squad as soon as practicable.
(cf: P.L.2009, c.46, s.1)
7. This act shall take effect immediately.
STATEMENT
This bill broadens certain immunity provisions with regard to the acquisition and use of an automated external defibrillator (AED), which can save the lives of cardiac arrest victims when administered within the first few minutes after cardiac arrest.
In the past, individuals required training to operate an AED, but newer AEDs prompt users through the defibrillation process. Although it would be ideal to have fully-trained individuals who know all aspects of the chain of survival required to save cardiac arrest victims, and are immediately available to administer cardio-pulmonary resuscitation (CPR) and use an AED, such trained persons are not always available. Lay persons can improve the survival rates of cardiac arrest victims through the use of AEDs. This bill amends current law in order to encourage the acquisition of AEDs in public venues and to encourage lay persons to use AEDs.
The bill amends the legislative findings in section 1 of P.L.1999, c.34 (C.2A:62A-23) to note the recent development of AED technology and provide the rationale for expanding immunity from civil liability regarding AEDs.
The bill eliminates statutory language that prohibits persons from using an AED unless they hold a current certification in CPR and the use of an AED. The bill also amends the current requirement that the person or entity acquiring an AED ensure that any person who will use the AED hold a certification, so that the person or entity instead will be required to ensure that anyone anticipated to be in a position to render emergency care or treatment using an AED hold a certification. The bill adds language that expressly provides immunity from civil liability to the person or entity acquiring an AED for the acts or omissions of a lay person involving the use of the AED.
In addition, the bill provides immunity from civil liability to any lay person who uses an AED and fails, in good faith, to request emergency medical assistance as soon as practicable.
Finally, the bill makes technical amendments to section 2 of P.L.2005, c.346 (C.2A:62A-31) and section 1 of P.L.2004, c.93 (C.26:2H-12.26) in order to retain current requirements regarding AEDs that apply to health clubs, nursing homes, and assisted living facilities. These facilities must maintain a working AED on site, and their employees are required to hold certification in CPR and the use of an AED, and request emergency medical assistance when rescuing a victim in cardiac arrest.
