ASSEMBLY, No. 2321
STATE OF NEW JERSEY
208th LEGISLATURE
INTRODUCED JULY 27, 1998
Sponsored by:
Assemblywoman CHARLOTTE VANDERVALK
District 39 (Bergen)
Assemblyman DAVID C. RUSSO
District 40 (Bergen and Passaic)
Co-Sponsored by:
Assemblymen Felice, Blee, Assemblywoman Crecco, Assemblyman Thompson, Assemblywoman Wright, Assemblymen Conaway, Bateman, Holzapfel, Wolfe, Zecker, Zisa, Augustine, Azzolina, Garrett, Luongo, Merkt and R.Smith
SYNOPSIS
Establishes requirements and immunity from civil liability for certain persons who use defibrillators.
CURRENT VERSION OF TEXT
As introduced.
(Sponsorship Updated As Of: 10/30/1998)
An Act concerning certain emergency medical services and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds that more than 350,000 Americans die annually from out-of-hospital sudden cardiac arrest. Many die needlessly because life saving defibrillators are not immediately available. The American Heart Association estimates that almost 100,000 deaths could be prevented each year if defibrillators were more widely available to designated responders.
Many communities in this State have invested in 911 emergency telephone equipment, ambulances and the training of emergency personnel. Not all emergency personnel, however, have been trained in or have immediate access to defibrillators. It is the intent of the Legislature to encourage greater acquisition, deployment and use of automated external defibrillators by trained personnel throughout this State.
2. As used in this act:
"Automated external defibrillator" or "defibrillator" means a medical device heart monitor and defibrillator that:
a. Has received approval of its pre-market notification filed pursuant to 21 U.S.C. §360 (k) from the United States Food and Drug Administration;
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, whether defibrillation should be performed; and
c. Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.
3. A person or entity that acquires an automated external defibrillator shall:
a. Ensure that any person, prior to using that defibrillator, has successfully completed a nationally recognized training program in cardio-pulmonary resuscitation and use of a defibrillator;
b. Ensure that the defibrillator is maintained and tested according to the manufacturer's operational guidelines;
c. Provide for supervision of persons using the defibrillator by a licensed physician to ensure compliance with the requirements of this section; and
d. Notify the appropriate first aid, ambulance or rescue squad or other appropriate emergency medical services provider that the person or entity has acquired the defibrillator, the type acquired and its location.
4. a. A person shall not use a defibrillator unless he has successfully completed a nationally recognized training program in cardio-pulmonary resuscitation and use of a defibrillator; provided however, this section shall not be applicable to a person who is licensed as a paramedic, emergency medical technician-D, or a first responder-D by the Department of Health.
b. Any person who uses a defibrillator shall request emergency medical assistance from the appropriate first aid, ambulance or rescue squad as soon as practicable.
c. Any person who uses a defibrillator shall report the use of that device to the supervising licensed physician appointed pursuant to subsection c. of section 3 of this act.
5. a. Any person or entity who, in good faith, acquires or provides a defibrillator, renders emergency care or treatment by the use of a defibrillator or supervises such care or treatment and, who has complied with the requirements of this act, shall be immune from civil liability for any personal injury 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.
b. The immunity provided in subsection a. of this section shall include the supervising licensed physician and the person or entity who provided the training in cardio-pulmonary resuscitation and use of the defibrillator.
c. This subsection shall not immunize a person for any act of gross negligence or willful or wanton misconduct.
6. This act shall take effect immediately.
STATEMENT
The purpose of this bill is to encourage greater acquisition, deployment and use of automated external defibrillators by trained personnel throughout this State.
The American Heart Association estimates that almost 100,000 deaths could be prevented annually if defibrillators were more widely available to designated responders. Many communities in this State have invested in 911 emergency telephone equipment, ambulances and the training of emergency personnel. Not all emergency personnel, however, have been trained in or have immediate access to defibrillators.
The bill defines an "automated external defibrillator" as a medical device heart monitor and defibrillator that (1) has received approval of its pre-market notification filed pursuant to 21 U.S.C. §360 (k) from the United States Food and Drug Administration; (2) 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, whether defibrillation should be performed; and (3) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.
The bill requires a person or entity that acquires an automated external defibrillator to (1) ensure that any person, prior to using that defibrillator, has successfully completed a nationally recognized training program in cardio-pulmonary resuscitation and use of a defibrillator; (2) ensure that the defibrillator is maintained and tested according to the manufacturer's operational guidelines; (3) provide for supervision of persons using the defibrillator by a licensed physician to ensure compliance with the requirements of this section; and (4) notify the appropriate first aid, ambulance or rescue squad or other appropriate emergency medical services provider that the person or entity has acquired the defibrillator, the type acquired and its location.
The bill provides that a person shall not use a defibrillator unless he has successfully completed a nationally recognized training program, such as the American Heart Association program, in cardio-pulmonary resuscitation and use of a defibrillator. This requirement is not applicable to a person who is licensed as a paramedic, emergency medical technician-D, or a first responder-D by the Department of Health.
Under the bill's provisions, any person who uses a defibrillator must request emergency medical assistance from the appropriate first aid, ambulance or rescue squad or other appropriate emergency medical services provider as soon as practicable. The person also must report use of the device to the supervising licensed physician
The bill also provides for immunity from civil liability for a person who complies with its provisions. Any person or entity who has complied with the requirements of the bill and who, in good faith, acquires or provides a defibrillator, renders emergency care or treatment by the use of a defibrillator or supervises such emergency care or treatment would be immune from civil liability for any personal injury 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. The immunity includes the supervising licensed physician and the person or entity who provided the training in cardio-pulmonary resuscitation and use of the defibrillator. The bill does not, however, immunize a person for any act of gross negligence or willful or wanton misconduct.