NOTE: There are more recent revisions of this legislation.
Read Latest Draft
Bill Title: To make clear that any person may perform automated external defibrillation, to extend qualified immunity from civil liability to premises owners and other persons involved with automated external defibrillator placement and use, to allow proceedings for a mentally ill person subject to court order to be in a probate court in any county, rather than in the county where the mentally ill person subject to court order resides, and to modify the form of the affidavit used to initiate proceedings for court-ordered treatment of a mentally ill person.
Spectrum: Moderate Partisan Bill (Republican 55-18)
Status: (Passed) 2014-12-19 - Governor' Action
[HB247 Detail]Download: Ohio-2013-HB247-Comm_Sub.html
As Re-referred to Senate Civil Justice Committee
| 130th General Assembly | | Regular Session | | 2013-2014 |
| |
Cosponsors:
Representatives Huffman, Butler, Sears, Becker, Lynch, Antonio, Barnes, Bishoff, Brown, Carney, Schuring, Adams, R., Amstutz, Anielski, Beck, Blair, Boose, Buchy, Burkley, Celebrezze, DeVitis, Dovilla, Duffey, Green, Grossman, Hackett, Hagan, C., Hall, Hayes, Heard, Hill, Hottinger, Johnson, Landis, Maag, Mallory, McClain, Milkovich, O'Brien, Roegner, Rogers, Ruhl, Slaby, Smith, Sprague, Stinziano, Winburn Speaker Batchelder
Senators Brown, Tavares
A BILL
| To amend sections 2305.235 and 3701.85 of the Revised | 1 |
|
Code to make clear that any person may perform | 2 |
|
automated external defibrillation and to extend | 3 |
|
qualified immunity from civil liability to | 4 |
|
premises owners and other persons involved with | 5 |
|
automated external defibrillator placement and | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 2305.235 and 3701.85 of the Revised | 8 |
|
Code be amended to read as follows: | 9 |
| Sec. 2305.235. (A) As used in this section: | 10 |
| (1) "Automated external defibrillation" means the process of | 11 |
|
applying a specialized defibrillator to a person in cardiac | 12 |
|
arrest, allowing the defibrillator to interpret the cardiac | 13 |
|
rhythm, and, if appropriate, delivering an electrical shock to the | 14 |
|
heart to allow it to resume effective electrical activity. | 15 |
| (2) "Physician" has the same meaning as in section 4765.01 of | 16 |
|
the Revised Code. | 17 |
| (B) Except in the case of willful or wanton misconduct, no | 18 |
|
physician shall be held liable in civil damages for injury, death, | 19 |
|
or loss to person or property for providing a prescription for an | 20 |
|
automated external defibrillator approved for use as a medical | 21 |
|
device by the United States food and drug administration or | 22 |
|
consulting with a person regarding the use and maintenance of a | 23 |
|
defibrillator. | 24 |
| (C) Except in the case of willful or wanton misconduct, no | 25 |
|
person shall be held liable in civil damages for injury, death, or | 26 |
loss to person or property for providingdoing any of the | 27 |
|
following: | 28 |
| (1) Providing training in automated external defibrillation | 29 |
|
and cardiopulmonary resuscitation; | 30 |
| (2) Authorizing, directing, or supervising the installation | 31 |
|
or placement of an automated external defibrillator; | 32 |
| (3) Designing, managing, or operating a cardiopulmonary | 33 |
|
resuscitation or automated external defibrillation program; | 34 |
| (4) Acquiring an automated external defibrillator; | 35 |
| (5) Owning, managing, or having responsibility for a premises | 36 |
|
or location where an automated external defibrillator has been | 37 |
|
placed, as long as reasonable efforts are undertaken to maintain | 38 |
|
the automated external defibrillator in accordance with the | 39 |
|
manufacturer's specifications. | 40 |
| (D) Except in the case of willful or wanton misconduct or | 41 |
|
when there is no good faith attempt to activate an emergency | 42 |
|
medical services system in accordance with section 3701.85 of the | 43 |
|
Revised Code, no person shall be held liable in civil damages for | 44 |
|
injury, death, or loss to person or property, or held criminally | 45 |
|
liable, for performing automated external defibrillation in good | 46 |
|
faith, regardless of whether the person has obtained appropriate | 47 |
|
training on how to perform automated external defibrillation or | 48 |
|
successfully completed a course in cardiopulmonary resuscitation. | 49 |
| Sec. 3701.85. (A) As used in this section: | 50 |
| (1) "Automated external defibrillation" has the same meaning | 51 |
|
as in section 2305.235 of the Revised Code. | 52 |
| (2) "Emergency medical services organization" has the same | 53 |
|
meaning as in section 4765.01 of the Revised Code. | 54 |
(3) "Emergency medical service provider" means a person who | 55 |
is an "emergency medical technician-basic," "emergency medical | 56 |
technician-intermediate," "emergency medical | 57 |
technician-paramedic," or "first responder" as defined in section | 58 |
4765.01 of the Revised Code. | 59 |
(4) "Physician" has the same meaning as in section 4765.01 of | 60 |
the Revised Code. | 61 |
(5) "Registered nurse" and "licensed practical nurse" have | 62 |
the same meanings as in section 4723.01 of the Revised Code. | 63 |
| (B) A person who possesses an automated external | 64 |
defibrillator shall do allboth of the following: | 65 |
(1) RequireEncourage expected users to complete successfully | 66 |
|
a course in automated external defibrillation and cardiopulmonary | 67 |
resuscitation that is offered or approved by the American heart | 68 |
association or anothera nationally recognized organization and | 69 |
|
includes instruction on psychomotor skills and national | 70 |
|
evidence-based emergency cardiovascular guidelines that are | 71 |
|
current; | 72 |
| (2) Maintain and test the defibrillator according to the | 73 |
manufacturer's guidelines; | 74 |
(3) Consult with a physician regarding compliance with the | 75 |
requirements of divisions (B)(1) and (2) of this section. | 76 |
(C) AIt is recommended, but not required, that a person who | 77 |
possesses an automated external defibrillator may notify an | 78 |
|
emergency medical services organization of the location of the | 79 |
|
defibrillator. | 80 |
(D) AAny person who has obtained appropriate training on how | 81 |
to perform automated external defibrillation and has successfully | 82 |
completed a course in cardiopulmonary resuscitation may perform | 83 |
automated external defibrillation, regardless of whether the | 84 |
person is a physician, registered nurse, licensed practical nurse, | 85 |
or emergency medical service provider. WhenTraining in automated | 86 |
|
external defibrillation and cardiopulmonary resuscitation is | 87 |
|
recommended but not required. | 88 |
A person who performs automated external defibrillation is | 89 |
not performed as part of an emergency medical services system or | 90 |
at a hospital as defined in section 3727.01 of the Revised Code, | 91 |
| shall make a good faith effort to activate or have another person | 92 |
activate an emergency medical services system shall be activated | 93 |
|
as soon as possible unless the person is performing automated | 94 |
|
external defibrillation as part of an emergency medical services | 95 |
|
system or at a hospital as defined in section 3727.01 of the | 96 |
|
Revised Code. | 97 |
| Section 2. That existing sections 2305.235 and 3701.85 of the | 98 |
|
Revised Code are hereby repealed. | 99 |
