South Carolina General Assembly
113th Session, 1999-2000

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Bill 728


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      728
Ratification Number:              73
Act Number:                       34
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990415
Primary Sponsor:                  Medical Affairs Committee SMA 13
All Sponsors:                     Medical Affairs Committee
Drafted Document Number:          l:\s-res\tlm\020aeda.jjj.doc
Date Bill Passed both Bodies:     19990512
Date of Last Amendment:           19990512
Governor's Action:                S
Date of Governor's Action:        19990601
Subject:                          Automated External Defibrillator Act, 
                                  Acts Cited By Popular Name, Medical


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990618  Act No. A34
------  19990601  Signed by Governor
------  19990526  Ratified R73
Senate  19990512  Concurred in House amendment, 
                  enrolled for ratification
House   19990512  Amended, read third time, 
                  returned to Senate with amendment
House   19990511  Recalled from Legislative Council
House   19990511  Reconsidered vote whereby
                  Bill was given third reading
House   19990505  Debate adjourned until Tuesday, 
                  19990511 on motion to reconsider
                  third reading
House   19990430  Read third time, enrolled for
                  ratification
House   19990429  Read second time, unanimous consent
                  for third reading on the next
                  Legislative day
House   19990427  Recalled from Committee                27 H3M
House   19990422  Introduced, read first time,           27 H3M
                  referred to Committee
Senate  19990421  Read third time, sent to House
Senate  19990420  Read second time, unanimous
                  consent for third reading on 
                  Wednesday, 19990421
Senate  19990415  Introduced, read first time,
                  placed on Calendar without reference


                             Versions of This Bill
Revised on April 15, 1999 - Word format
Revised on April 27, 1999 - Word format
Revised on May 12, 1999 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A34, R73, S728)

AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 76, SO AS TO ENACT THE "SOUTH CAROLINA AUTOMATED EXTERNAL DEFIBRILLATOR ACT" WHICH REQUIRES PERSONS OR ENTITIES THAT ACQUIRE AN AUTOMATED EXTERNAL DEFIBRILLATOR TO COMPLY WITH CERTAIN TRAINING, TESTING, AND USE PROCEDURES AND TO PROVIDE IMMUNITY FROM CIVIL LIABILITY WHEN IN COMPLIANCE.

Whereas, the General Assembly of the State of South Carolina finds that each year more than two hundred fifty thousand Americans die from out-of-hospital sudden cardiac arrest. More than ninety-five percent of these deaths occur, in many cases, because lifesaving defibrillators arrive on the scene too late, if at all; and

Whereas, the American Heart Association estimates that more than twenty thousand deaths could be prevented each year if defibrillators were more widely available to designated responders; and

Whereas, communities in South Carolina, as well as around the country, have invested in 911 emergency response systems, personnel providing emergency services, and ambulance vehicles. However, many of the communities do not have enough defibrillators to meet the needs of their communities. Accordingly, the General Assembly encourages greater acquisition, deployment, and use of automated external defibrillators in communities across the State. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

Automated External Defibrillators; definitions; training and use procedures; immunity

SECTION 1. The 1976 Code is amended by adding:

"CHAPTER 76

Automated External Defibrillators

Section 44-76-10. This act may be cited as the 'South Carolina Automated External Defibrillator Act'.

Section 44-76-20. For purposes of this chapter:

(1) 'Automated external defibrillator' or 'AED' means an automated external defibrillator which is a medical device heart monitor and defibrillator that:

(a) has received approval of its pre-market notification filed pursuant to the United States Code, Title 21, Section 360(k), from the United States Food and Drug Administration;

(b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and

(c) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.

(2) 'Health care professional' means a licensed physician, surgeon, physician's assistant, nurse practitioner, or nurse.

(3) 'Designated AED user' means a person identified by the person or entity acquiring an AED who has received training in the use of an AED pursuant to this chapter.

Section 44-76-30. (A) A person or entity that acquires an AED shall:

(1) require its designated AED users to have current training in CPR and AED use by the American Heart Association, American Red Cross, or National Safety Council;

(2) maintain and test the AED according to the manufacturer's operational guidelines and keep written records of maintenance and testing;

(3) employ or obtain a health care professional to serve as its AED liaison;

(4) have in place an AED program approved by its AED liaison which includes CPR and AED training, AED protocol or guidelines, AED deployment strategies, and an AED equipment maintenance plan;

(5) include in its AED protocol or guidelines that a person who renders emergency care or treatment to a person in cardiac arrest caused by ventricular fibrillation/tachycardia by using an AED must activate the emergency medical services system or 911 as soon as possible;

(6) report any clinical use of the AED to the AED liaison.

Section 44-76-40. (1) Any person or entity acting in good faith and gratuitously shall be immune from civil liability for the application of an AED unless the person was grossly negligent in the application.

(2) Any designated AED users meeting the requirements of Section 44-76-30(1) and acting according to the required training shall be immune from civil liability for the application of an AED unless the application was grossly negligent.

(3) A person or entity acquiring an AED and meeting the requirements of Section 44-76-30 or an AED liaison meeting the requirements of Section 44-76-30 shall be immune from civil liability for the application of an AED by any person or entity described in items (1) or (2) of this section.

(4) A prescribing physician shall be immune from civil liability for authorizing the purchase of an AED, unless the authorization was grossly negligent.

Section 44-76-50. The provisions of this chapter do not apply to emergency medical services, a physician's office, or a health care facility as defined in Section 44-7-130(10)."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 26th day of May, 1999.

Approved the 1st day of June, 1999.

__________


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