Connecticut 2019 Regular Session

Connecticut Senate Bill SB00795 Compare Versions

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Version 2 (New)

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4		-	Senate Bill No. 795
	7	+	General Assembly Raised Bill No. 795
	8	+	January Session, 2019
	9	+	LCO No. 3350
5	10
6		-	Public Act No. 19-113
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	12	+	Referred to Committee on PUBLIC HEALTH
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	14	+
	15	+	Introduced by:
	16	+	(PH)
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9	20		AN ACT CONCERNING THE U SE OF AUTOMATIC EXTE RNAL
10	21		DEFIBRILLATORS.
11	22		Be it enacted by the Senate and House of Representatives in General
12	23		Assembly convened:
13	24
14		-	Section 1. Subsection (a) of section 52-557b of the general statutes is
15		-	repealed and the following is substituted in lieu thereof (Effective
16		-	October 1, 2019):
17		-	(a) (1) A person licensed to practice medicine and surgery under the
18		-	provisions of chapter 370 or dentistry under the provisions of section
19		-	20-106 or members of the same professions licensed to practice in any
20		-	other state of the United States, a person licensed as a registered nurse
21		-	under section 20-93 or 20-94 or certified as a licensed practical nurse
22		-	under section 20-96 or 20-97, a medical technician or any person
23		-	operating a cardiopulmonary resuscitator or a person trained in
24		-	cardiopulmonary resuscitation in accordance with the guidelines set
25		-	forth by the American Red Cross or American Heart Association, or a
26		-	person operating an automatic external defibrillator, who, voluntarily
27		-	and gratuitously and other than in the ordinary course of such person's
28		-	employment or practice, renders emergency medical or professional
29		-	assistance to a person in need thereof, shall not be liable to such person
30		-	assisted for civil damages for any personal injuries which result from
31		-	acts or omissions by such person in rendering the emergency care, Senate Bill No. 795
	25	+	Section 1. Subsection (a) of section 52-557b of the general statutes is 1
	26	+	repealed and the following is substituted in lieu thereof (Effective 2
	27	+	October 1, 2019): 3
	28	+	(a) (1) A person licensed to practice medicine and surgery under the 4
	29	+	provisions of chapter 370 or dentistry under the provisions of section 5
	30	+	20-106 or members of the same professions licensed to practice in any 6
	31	+	other state of the United States, a person licensed as a registered nurse 7
	32	+	under section 20-93 or 20-94 or certified as a licensed practical nurse 8
	33	+	under section 20-96 or 20-97, a medical technician or any person 9
	34	+	operating a cardiopulmonary resuscitator or a person trained in 10
	35	+	cardiopulmonary resuscitation in accordance with the guidelines set 11
	36	+	forth by the American Red Cross or American Heart Association, or a 12
	37	+	person operating an automatic external defibrillator, who, voluntarily 13
	38	+	and gratuitously and other than in the ordinary course of such person's 14
	39	+	employment or practice, renders emergency medical or professional 15
	40	+	assistance to a person in need thereof, shall not be liable to such person 16 Raised Bill No. 795
32	41
33		-	Public Act No. 19-113 2 of 3
34	42
35		-	which may constitute ordinary negligence. A person or entity that
36		-	provides or maintains an automatic external defibrillator shall not be
37		-	liable for the acts or omissions of the person or entity in providing or
38		-	maintaining the automatic external defibrillator, which may constitute
39		-	ordinary negligence. The immunity provided in this subsection does
40		-	not apply to acts or omissions constituting gross, wilful or wanton
41		-	negligence. With respect to the use of an automatic external
42		-	defibrillator, the immunity provided in this subsection shall only apply
43		-	to acts or omissions involving the use of an automatic external
44		-	defibrillator in the rendering of emergency care. Nothing in this
45		-	subsection shall be construed to exempt paid or volunteer firefighters,
46		-	police officers or emergency medical services personnel from
47		-	completing training in cardiopulmonary resuscitation or in the use of
48		-	an automatic external defibrillator in accordance with the guidelines
49		-	set forth by the American Red Cross or American Heart Association.
50		-	For the purposes of this subsection, "automatic external defibrillator"
51		-	means a device that: [(1)] (A) Is used to administer an electric shock
52		-	through the chest wall to the heart; [(2)] (B) contains internal decision-
53		-	making electronics, microcomputers or special software that allows it
54		-	to interpret physiologic signals, make medical diagnosis and, if
55		-	necessary, apply therapy; [(3)] (C) guides the user through the process
56		-	of using the device by audible or visual prompts; and [(4)] (D) does not
57		-	require the user to employ any discretion or judgment in its use.
58		-	(2) Notwithstanding the provisions of subdivision (1) of this
59		-	subsection, a person licensed to practice medicine and surgery under
60		-	the provisions of chapter 370 or dentistry under the provisions of
61		-	section 20-106 or members of the same professions licensed to practice
62		-	in any other state of the United States, or a person licensed as a
63		-	registered nurse under section 20-93 or 20-94 or certified as a licensed
64		-	practical nurse under section 20-96 or 20-97, who operates an
65		-	automatic external defibrillator to render emergency medical or
66		-	professional assistance to a person in need thereof shall not be liable to Senate Bill No. 795
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68		-	Public Act No. 19-113 3 of 3
	47	+	assisted for civil damages for any personal injuries which result from 17
	48	+	acts or omissions by such person in rendering the emergency care, 18
	49	+	which may constitute ordinary negligence. A person or entity that 19
	50	+	provides or maintains an automatic external defibrillator shall not be 20
	51	+	liable for the acts or omissions of the person or entity in providing or 21
	52	+	maintaining the automatic external defibrillator, which may constitute 22
	53	+	ordinary negligence. The immunity provided in this subsection does 23
	54	+	not apply to acts or omissions constituting gross, wilful or wanton 24
	55	+	negligence. With respect to the use of an automatic external 25
	56	+	defibrillator, the immunity provided in this subsection shall only apply 26
	57	+	to acts or omissions involving the use of an automatic external 27
	58	+	defibrillator in the rendering of emergency care. Nothing in this 28
	59	+	subsection shall be construed to exempt paid or volunteer firefighters, 29
	60	+	police officers or emergency medical services personnel from 30
	61	+	completing training in cardiopulmonary resuscitation or in the use of 31
	62	+	an automatic external defibrillator in accordance with the guidelines 32
	63	+	set forth by the American Red Cross or American Heart Association. 33
	64	+	For the purposes of this subsection, "automatic external defibrillator" 34
	65	+	means a device that: [(1)] (A) Is used to administer an electric shock 35
	66	+	through the chest wall to the heart; [(2)] (B) contains internal decision-36
	67	+	making electronics, microcomputers or special software that allows it 37
	68	+	to interpret physiologic signals, make medical diagnosis and, if 38
	69	+	necessary, apply therapy; [(3)] (C) guides the user through the process 39
	70	+	of using the device by audible or visual prompts; and [(4)] (D) does not 40
	71	+	require the user to employ any discretion or judgment in its use. 41
	72	+	(2) Notwithstanding the provisions of subdivision (1) of this 42
	73	+	subsection, a person licensed to practice medicine and surgery under 43
	74	+	the provisions of chapter 370 or dentistry under the provisions of 44
	75	+	section 20-106 or members of the same professions licensed to practice 45
	76	+	in any other state of the United States, or a person licensed as a 46
	77	+	registered nurse under section 20-93 or 20-94 or certified as a licensed 47
	78	+	practical nurse under section 20-96 or 20-97, who operates an 48
	79	+	automatic external defibrillator to render emergency medical or 49
	80	+	professional assistance to a person in need thereof shall not be liable to 50 Raised Bill No. 795
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70		-	such person assisted for civil damages for any personal injuries which
71		-	result from the malfunctioning of the automatic external defibrillator,
72		-	which malfunctioning was not a result of such health care provider's
73		-	negligence.
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	87	+	such person assisted for civil damages for any personal injuries which 51
	88	+	result from the malfunctioning of the automatic external defibrillator, 52
	89	+	which malfunctioning may constitute ordinary negligence. 53
	90	+	This act shall take effect as follows and shall amend the following
	91	+	sections:
	92	+
	93	+	Section 1 October 1, 2019 52-557b(a)
	94	+
	95	+	PH Joint Favorable
	96	+	JUD Joint Favorable
74	97