Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-2261, Arizona Revised
Statutes, is amended to read:
START_STATUTE36-2261. Definitions
In this article, unless the context otherwise requires:
1. "Automated external defibrillator"
means a medical device heart monitor and defibrillator that:
(a) Is approved for premarket modification by the United States food and drug administration pursuant to 21 United States Code section 360(k).
(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, if defibrillation
should be performed.
(c) Automatically charges and delivers an electrical
impulse to a person's heart when it determines that defibrillation should be
performed.
2. "Defibrillation" means the
administration of a controlled electrical charge to the heart to restore a
viable cardiac rhythm.
3. "Physician" means a physician who is
licensed pursuant to title 32, chapter 13 or 17, and who provides medical
oversight services pursuant to section 36‑2262.
4. "Trained
user" means a person who is the expected user of an automated external
defibrillator and who has completed training in its use.
5. "Training"
means a state approved course in cardiopulmonary resuscitation and the use of
an automated external defibrillator for the lay rescuer and first responder,
including the course adopted by the American heart association and in effect as
of December 31, 1998. END_STATUTE
Sec. 2. Section 36-2262, Arizona Revised
Statutes, is amended to read:
START_STATUTE36-2262. Automated external defibrillators;
use; requirements
A. Except
as provided in section 36‑2264, a person or entity that acquires an
automated external defibrillator shall:
1. Enter into an agreement with a physician who
shall oversee all the aspects of public access to
defibrillation, including training,
emergency medical services coordination, protocol approval, standing orders,
communications, protocols and automated external defibrillator deployment
strategies.
2. Limit the
use of an automated external defibrillator to trained responders.
3. 2. Require
each trained responder user who uses an automated
external defibrillator on a person in cardiac arrest to:
(a) call
telephone number 911 as soon as possible.
(b) 3. Submit
a written report to the physician,
bureau of emergency medical services
and trauma systems in the department of health services within
five working days after its use.
4. Ensure that the automated external
defibrillator is maintained in good working order and tested according to the
manufacturer's guidelines.
B. The physician shall:
1. Establish quality assurance guidelines that
include a review of each use of the automated external defibrillator to
evaluate performance.
2. Be
proficient in emergency medical services protocols, cardiopulmonary
resuscitation and the use of automated external defibrillators.
3. Ensure that
each trained responder receives training in cardiopulmonary resuscitation and
in the use of an automated external defibrillator by completing the heart saver
automated external defibrillator course for the lay rescuer and first
responder, in effect as of December 31, 1998, adopted by the American heart
association or an equivalent course that meets the same objectives.
4. Ensure that
the automated external defibrillator is maintained in good working order and
tested according to the manufacturer's guidelines.
C. For the
purposes of this section, "trained responder" means a person who
meets the requirements of subsection B, paragraph 3 of this section.
END_STATUTE
Sec. 3. Section 36-2263, Arizona Revised
Statutes, is amended to read:
START_STATUTE36-2263. Civil liability; limited immunity;
good Samaritan
A. The following persons and entities are not
subject to civil liability for any personal injury that results from any act or
omission that does not amount to willful
wilful misconduct or
gross negligence:
1. A physician who provides supervisory services pursuant to and in compliance with
section 36‑2262, subsection B oversight.
2. A person or entity that provides training in
cardiopulmonary resuscitation and use of an automated external defibrillator.
3. A person or entity that acquires an automated
external defibrillator pursuant to this article if the person or entity complies with the requirements of
section 36-2262, subsection A.
4. The owner of the property or facility where the
automated external defibrillator is located.
5. A trained
responder as defined in section 36‑2262, subsection C.
6. 5. A
person or entity that provides the automated external defibrillator pursuant to
this article.
7. 6. A
nonprofit entity that, in the placement of an automated external defibrillator
pursuant to this article, acts as an intermediary between the provider of an
automated external defibrillator and the person or entity that acquired the
automated external defibrillator or the owner of the property or facility where
the automated external defibrillator is located.
8. 7. A
good Samaritan. For the purposes of this paragraph, "good Samaritan"
means a person who uses an automated external defibrillator to render emergency
care or assistance in good faith and without compensation at the scene of any
accident, fire or other life-threatening emergency.
B. The exception from
civil liability provided in subsection A of
this section does not affect a manufacturer's product liability
regarding the design, manufacturing or instructions for use and maintenance of
an automated external defibrillator. END_STATUTE
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