SB 399: "Mason Sells AED Coordination Act"; enact

Senate Bill 399

By: Senators Harbin of the 16th, Albers of the 56th, Hatchett of the 50th, Burns of the 23rd, Anavitarte of the 31st and others

AS PASSED

A BILL TO BE ENTITLED

AN ACT

To amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to personnel of emergency medical services, so as to provide for notification to public safety answering points about the location of automated external defibrillators; to provide for training; to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to provide for training of communications officers to facilitate the use of automated external defibrillators; to provide for definitions; to provide for related matters; to provide for a short title; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the ''Mason Sells AED Coordination Act.''

SECTION 2.

Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to personnel of emergency medical services, is amended by revising Code Section 31-11-53.1, relating to automated external defibrillator program, establishment, regulations, and liability, as follows:

"31-11-53.1.

(a) As used in this Code section, the term:

(1) 'Agency' means every state department, agency, division, board, bureau, commission, or entity, including without limitation the Board of Regents of the University System of Georgia.

(1)(2) 'Automated external defibrillator' means a defibrillator which:

(A) Is capable of cardiac rhythm analysis;

(B) Will charge and be capable of being activated to deliver a countershock after electrically detecting the presence of certain cardiac dysrhythmias; and

(C) Is capable of continuous recording of the cardiac dysrhythmia at the scene with a mechanism for transfer and storage or for printing for review subsequent to use. (2)(3) 'Defibrillation' means to terminate ventricular fibrillation. (3)(4) 'First responder' means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to calls for assistance through an affiliation with law enforcement agencies, fire suppression agencies, rescue agencies, and others.

(5) 'Person' means any firm, partnership, association, corporation, or other private entity, including without limitation any private postsecondary school, college, or university in this state.

(6) 'Public safety answering point' shall have the same meaning as provided in Code Section 46-5-122.

(b) It is the intent of the General Assembly that an automated external defibrillator may be used by any person for the purpose of saving the life of another person in cardiac arrest. In order to ensure public health and safety:

(1) It is recommended that all persons who have access to or use an automated external defibrillator obtain appropriate training as set forth in the rules and regulations of the Department of Public Health from the American Red Cross, the American Heart Association, or other nationally recognized training. It is further recommended that such training include at a minimum the successful completion of:

(A) A nationally recognized health care provider/professional rescuer level cardiopulmonary resuscitation course; and

(B) A department established or approved nationally recognized course which includes demonstrated proficiency in the use of an automated external defibrillator;

(2) All persons and agencies possessing and maintaining an automated external defibrillator shall notify the appropriate emergency medical services system public safety answering point of the existence and location of the automated external defibrillator prior to said defibrillator being placed in use. The department is authorized to promulgate rules and regulations to implement this provision; and

(3) All persons who use an automated external defibrillator shall activate the emergency medical services system as soon as reasonably possible by calling 9-1-1 or the appropriate emergency telephone number upon use of the automated external defibrillator; and

(4) Within a reasonable period of time, all persons who use an automated external defibrillator shall make available a printed or electronically stored report to the licensed emergency medical services provider which transports the patient.

(c) With the exception of communications officers under Code Section 35-8-23, who shall complete training as set forth in such Code section, All all persons who provide instruction to others in the use of the automated external defibrillator shall have completed an a nationally recognized instructor course established or approved by the department.

(d) The department shall establish an automated external defibrillator program for use by emergency medical technicians. Such program shall be subject to the direct supervision of a medical adviser approved under Code Section 31-11-50. No emergency medical technician shall be authorized to use an automated external defibrillator to defibrillate a person unless that defibrillator is a properly maintained automated external defibrillator and that emergency medical technician:

(1) Submits to and has approved by the department an application for such use, and in considering that application the department may obtain and use the recommendation of the local coordinating entity for the health district in which the applicant will use such defibrillator;

(2) Successfully completes an automated external defibrillator training program established or approved by the department;

(3) Is subject to protocols requiring that both the emergency physician who receives a patient defibrillated by that emergency medical technician and the medical adviser for the defibrillator program review the department required prehospital care report and any other documentation of the defibrillation of any person by that emergency medical technician and send a written report of such review to the district EMS medical director of the health district in which the defibrillation occurred; and

(4) Obtains a passing score on an annual automated external defibrillator proficiency exam given in connection with that program.

(e) It shall not be necessary for a licensed emergency medical service, licensed neonatal transport service, or other services licensed by the department which provide care administered by cardiac technicians or paramedics to obtain department approval for the use of an automated external defibrillator on licensed vehicles.

(f) Any emergency medical technician who violates the provisions of this Code section shall be subject to having revoked by the department that person's authority to use an automated external defibrillator. Such a violation shall also be grounds for any entity which issues a license or certificate authorizing such emergency medical technician to perform emergency medical services to take disciplinary action against such person, including but not limited to suspension or revocation of that license or certificate. Such a violation shall also be grounds for the employer of such emergency medical technician to impose any sanction available thereto, including but not limited to dismissal. (g)(d) Any first responder who gratuitously and in good faith renders emergency care or treatment by the 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 or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts without gross negligence or intent to harm or as an ordinary reasonably prudent person would have acted under the same or similar circumstances, even if such individual does so without benefit of the appropriate training. This provision includes paid persons who extend care or treatment without expectation of remuneration from the patient or victim for receiving the defibrillation care or treatment."

SECTION 3.

Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended in Code Section 35-8-23, relating to basic training course for communications officers, certification requirements, duties of council, and rules and regulations, by adding a new subsection to read as follows: "(g) On and after January 1, 2028, all communications officers shall be required to successfully complete training in the delivery of high-quality telephone cardiopulmonary resuscitation (T-CPR) and instructions to facilitate the use of automated external defibrillators in addition to the basic training otherwise required by this Code section, and on or after that date no person shall be certified by the council under this Code section unless such person has satisfactorily completed such training; provided, however, that the requirements of this subsection shall be satisfied by any communications officer who is certified in emergency medical dispatch, as such term is defined in Code Section 38-3-181. Such training shall follow the most current evidence based nationally recognized guidelines for high-quality telephone cardiopulmonary resuscitation which incorporate recognition protocols for out-of-hospital cardiac arrest, compression-only cardiopulmonary resuscitation, and continuing education."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.