FIRST REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 819
95TH GENERAL ASSEMBLY
1952L.02C D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 190.092, RSMo, and to enact in lieu thereof one new section relating to public
access to defibrillators.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 190.092, RSMo, is repealed and one new section enacted in lieu
thereof, to be known as section 190.092, to read as follows:
190.092. 1. This section shall be known and may be cited as the "Public Access to
Automated External Defibrillator Act".
2. A person or entity who acquires an automated external defibrillator shall ensure that:
(1) Expected defibrillator users receive training by the American Red Cross or American
Heart Association in cardiopulmonary resuscitation and the use of automated external
defibrillators, or an equivalent nationally recognized course in defibrillator use and
cardiopulmonary resuscitation;
(2) The defibrillator is maintained and tested according to the manufacturer's operational
guidelines;
(3) Any person who renders emergency care or treatment on a person in cardiac arrest
by using an automated external defibrillator activates the emergency medical services system as
soon as possible; and
(4) Any person or entity that owns an automated external defibrillator that is for use
outside of a health care facility shall have a physician review and approve the clinical protocol
for the use of the defibrillator, review and advise regarding the training and skill maintenance
of the intended users of the defibrillator and assure proper review of all situations when the
defibrillator is used to render emergency care.
[2.] 3. Any person or entity who acquires an automated external defibrillator shall notify
the emergency communications district or the ambulance dispatch center of the primary provider
of emergency medical services where the automated external defibrillator is to be located.
[3.] 4. Any person who [has had appropriate training, including a course in
cardiopulmonary resuscitation, has demonstrated a proficiency in the use of an automated
external defibrillator, and who] gratuitously and in good faith renders emergency care [when
medically appropriate] by use of or provision of an automated external defibrillator[, without
objection of the injured victim or victims thereof,] shall not be held liable for any civil damages
as a result of such care or treatment, [where the person acts as an ordinarily reasonable, prudent
person would have acted under the same or similar circumstances] unless the person acts in a
willful and wanton or reckless manner in providing the care, advice, or assistance. The
person or entity who provides appropriate training to the person using an automated external
defibrillator, the person or entity responsible for the site where the automated external
defibrillator is located, the person or entity that owns the automated external defibrillator,
the person or entity that provided clinical protocol for automated external defibrillator
sites or programs, and the licensed physician who reviews and approves the clinical protocol
shall likewise not be held liable for civil damages resulting from the use of an automated external
defibrillator[, provided that all other requirements of this section have been met]. Nothing in this
section shall affect any claims brought pursuant to chapter 537 or 538, RSMo.
[4.] 5. The provisions of this section shall apply in all counties within the state and any
city not within a county.
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