SB399: SB399 "Mason Sells AED Coordination Act"; enact

26 SB 399/AP 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 Co de of Georgia Annotated,1 relating to personnel of emergency medical services, so as to p rovide for notification to2 public safety answering points about the location of automated external defibrillators; to3 provide for training; to amend Chapter 8 of Title 35 of the Off icial Code of Georgia4 Annotated, relating to employment and training of peace officer s, so as to provide for5 training of communications officers to facilitate the use of automated external defibrillators;6 to provide for definitions; to provide for related matters; to provide for a short title; to repeal7 conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 This Act shall be known and may be cited as the ''Mason Sells AED Coordination Act.''11 SECTION 2.12 Article 3 of Chapter 11 of Title 31 of the Official Code of Geo rgia Annotated, relating to13 personnel of emergency medical services, is amended by revising Code Section 31-11-53.1,14 S. B. 399 - 1 - 26 SB 399/AP relating to automated external defibrillator program, establishment, regulations, and liability,15 as follows:16 "31-11-53.1.17 (a) As used in this Code section, the term:18 (1) 'Agency' means every state department, agency, division, board, bureau, commission,19 or entity, including without limitation the Board of Regents of the University System of20 Georgia.21 (1)(2) 'Automated external defibrillator' means a defibrillator which:22 (A) Is capable of cardiac rhythm analysis;23 (B) Will charge and be capable of being activated to deliver a countershock after24 electrically detecting the presence of certain cardiac dysrhythmias; and25 (C) Is capable of continuous recording of the cardiac dysrhythmia at the scene with a26 mechanism for transfer and storage or for printing for review subsequent to use.27 (2)(3) 'Defibrillation' means to terminate ventricular fibrillation.28 (3)(4) 'First responder' means any person or agency who provides on-site care until the29 arrival of a duly licensed ambulance service. This shall inclu de, but not be limited to,30 persons who routinely respond to calls for assistance through a n affiliation with law31 enforcement agencies, fire suppression agencies, rescue agencies, and others.32 (5) 'Person' means any firm, partnership, association, corporation, or other private entity,33 including without limitation any private postsecondary school, college, or university in34 this state.35 (6) 'Public safety answering point' shall have the same meanin g as provided in Code36 Section 46-5-122.37 (b) It is the intent of the General Assembly that an automated external defibrillator may38 be used by any person for the purpose of saving the life of another person in cardiac arrest.39 In order to ensure public health and safety:40 S. B. 399 - 2 - 26 SB 399/AP (1) It is recommended that all persons who have access to or use an automated external41 defibrillator obtain appropriate training as set forth in the r ules and regulations of the42 Department of Public Health from the American Red Cross, the American Heart43 Association, or other nationally recognized training. It is further recommended that such44 training include at a minimum the successful completion of:45 (A) A nationally recognized health care provider/professional rescuer level46 cardiopulmonary resuscitation course; and47 (B) A department established or approved nationally recognized course which includes48 demonstrated proficiency in the use of an automated external defibrillator;49 (2) All persons and agencies possessing and maintaining an aut omated external50 defibrillator shall notify the appropriate emergency medical services system public safety51 answering point of the existence and location of the automated external defibrillator prior52 to said defibrillator being placed in use. The department is a uthorized to promulgate53 rules and regulations to implement this provision; and54 (3) All persons who use an automated external defibrillator shall activate the emergency55 medical services system as soon as reasonably possible by calli ng 9-1-1 or the56 appropriate emergency telephone number upon use of the automate d external57 defibrillator; and58 (4) Within a reasonable period of time, all persons who use an automated external59 defibrillator shall make available a printed or electronically stored report to the licensed60 emergency medical services provider which transports the patient.61 (c) With the exception of communications officers under Code Section 35-8-23, who shall62 complete training as set forth in such Code section, All all persons who provide instruction63 to others in the use of the automated external defibrillator sh all have completed an a64 nationally recognized instructor course established or approved by the department.65 (d) The department shall establish an automated external defibrillator program for use by66 emergency medical technicians. Such program shall be subject to the direct supervision67 S. B. 399 - 3 - 26 SB 399/AP of a medical adviser approved under Code Section 31-11-50. No emergency medical68 technician shall be authorized to use an automated external def ibrillator to defibrillate a69 person unless that defibrillator is a properly maintained automated external defibrillator and70 that emergency medical technician:71 (1) Submits to and has approved by the department an application for such use, and in72 considering that application the department may obtain and use the recommendation of73 the local coordinating entity for the health district in which the applicant will use such74 defibrillator;75 (2) Successfully completes an automated external defibrillator training program76 established or approved by the department;77 (3) Is subject to protocols requiring that both the emergency physician who receives a78 patient defibrillated by that emergency medical technician and the medical adviser for the79 defibrillator program review the department required prehospita l care report and any80 other documentation of the defibrillation of any person by that emergency medical81 technician and send a written report of such review to the district EMS medical director82 of the health district in which the defibrillation occurred; and83 (4) Obtains a passing score on an annual automated external de fibrillator proficiency84 exam given in connection with that program.85 (e) It shall not be necessary for a licensed emergency medical service, licensed neonatal86 transport service, or other services licensed by the department which provide care87 administered by cardiac technicians or paramedics to obtain department approval for the88 use of an automated external defibrillator on licensed vehicles.89 (f) Any emergency medical technician who violates the provisio ns of this Code section90 shall be subject to having revoked by the department that perso n's authority to use an91 automated external defibrillator. Such a violation shall also be grounds for any entity92 which issues a license or certificate authorizing such emergenc y medical technician to93 perform emergency medical services to take disciplinary action against such person,94 S. B. 399 - 4 - 26 SB 399/AP including but not limited to suspension or revocation of that license or certificate. Such a95 violation shall also be grounds for the employer of such emergency medical technician to96 impose any sanction available thereto, including but not limited to dismissal.97 (g)(d) Any first responder who gratuitously and in good faith renders emergency care or98 treatment by the use of or provision of an automated external d efibrillator, without99 objection of the injured victim or victims thereof, shall not b e held liable for any civil100 damages as a result of such care or treatment or as a result of any act or failure to act in101 providing or arranging further medical treatment where the pers on acts without gross102 negligence or intent to harm or as an ordinary reasonably prudent person would have acted103 under the same or similar circumstances, even if such individual does so without benefit104 of the appropriate training. This provision includes paid pers ons who extend care or105 treatment without expectation of remuneration from the patient or victim for receiving the106 defibrillation care or treatment."107 SECTION 3.108 Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and109 training of peace officers, is amended in Code Section 35-8-23, relating to basic training110 course for communications officers, certification requirements, duties of council, and rules111 and regulations, by adding a new subsection to read as follows:112 "(g) On and after January 1, 2028, all communications officers shall be required to113 successfully complete training in the delivery of high-quality telephone cardiopulmonary114 resuscitation (T-CPR) and instructions to facilitate the use of automated external115 defibrillators in addition to the basic training otherwise required by this Code section, and116 on or after that date no person shall be certified by the counc il under this Code section117 unless such person has satisfactorily completed such training; provided, however, that the118 requirements of this subsection shall be satisfied by any commu nications officer who is119 certified in emergency medical dispatch, as such term is defined in Code Section 38-3-181.120 S. B. 399 - 5 - 26 SB 399/AP Such training shall follow the most current evidence based nationally recognized guidelines121 for high-quality telephone cardiopulmonary resuscitation which incorporate recognition122 protocols for out-of-hospital cardiac arrest, compression-only cardiopulmonary123 resuscitation, and continuing education."124 SECTION 4.125 All laws and parts of laws in conflict with this Act are repealed.126 S. B. 399 - 6 -