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Be it enacted by the Senate and House of Representatives in General
Court assembled, and by the authority of the
same, as follows:
AN ACT LIMITING LIABILITY RESULTING FROM THE USE OF AUTOMATIC EXTERNAL
DEFIBRILLATION.
Chapter 112 of the General Laws is hereby amended by inserting after section 12V the following section:-
Section 12V>. (a) As used in this section, the following words, shall,
unless the context requires otherwise, have the following
meanings:-
"AED", a semi-automatic or automatic external defibrillator.
"AED agency", a person that (i) possesses an AED that is maintained
and tested in accordance with its manufacturer's
guidelines, (ii) permits an AED provider to use an AED in its possession,
(iii) requires that each AED provider, in each instance
of responding to a request for emergency care or treatment, contacts
the police or emergency medical services in the city or
town in which they are located and provides a report to its AED medical
director, (iv) prior to implementation of its public
access defibrillation program, notifies the local police and the emergency
medical services provider of the number, type and
location of the AED in its possession, and (v) contracts with an AED
medical director, who shall be responsible for ensuring
that the AED agency complies with AED maintenance, AED provider training
and notice requirements.
"AED medical director", a physician practicing in or adjacent to the
regional emergency medical service region of the city or
town in which the AED agency with which he contracts is located, who
(i) is an emergency physician or cardiologist or a
physician having specialized training and knowledge concerning public
access defibrillation, (ii) is knowledgeable about
emergency medical services protocols established pursuant to chapter
111C, (iii) is familiar with cardiopulmonary resuscitation
and AED action sequences, (iv) coordinates the activities of the AED
agency with which he contracts and its AED providers,
with the protocols described and the action sequences described in
this section, and (v) evaluates the activities of the AED
agency with which he contracts.
"AED provider", a person (i) who has successfully completed a course
in cardiopulmonary resuscitation and in the use of an
AED that meets or exceeds the standards established by the American
Heart Association or the American National Red Cross
and (ii) whose evidence of successful course completion has not expired.
"Public access defibrillation program", a program sponsored by an AED
agency, using AED providers and an AED medical
director, which makes automatic external defibrillation and AED providers
available to the public.
(b) Any AED provider who in good faith renders emergency cardiopulmonary
resuscitation or automatic external defibrillation,
in accordance with his training through a public access defibrillation
program, to any person who apparently requires
cardiopulmonary resuscitation or defibrillation, shall not be liable
for acts or omissions, other than gross negligence or willful or
wanton misconduct, resulting from the rendering of emergency cardiopulmonary
resuscitation or defibrillation.
(c) An AED medical director and an AED agency who in good faith participates
in a public access defibrillator program shall
not be liable for acts or omissions, other than gross negligence or
willful or wanton misconduct, resulting from such
participation.
Approved November 24, 1999.