Senate Bill No. 795
Public Act No. 19-113
AN ACT CONCERNING TH E USE OF AUTOMATIC E XTERNAL
DEFIBRILLATORS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 52-557b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(a) (1) A person licensed to practice medicine and surgery under the
provisions of chapter 370 or dentistry under the provisions of section
20-106 or members of the same professions licensed to practice in any
other state of the United States, a person licensed as a registered nurse
under section 20-93 or 20-94 or certified as a licensed practical nurse
under section 20-96 or 20-97, a medical technician or any person
operating a cardiopulmonary resuscitator or a person trained in
cardiopulmonary resuscitation in accordance with the guidelines set
forth by the American Red Cross or American Heart Association, or a
person operating an automatic external defibrillator, who, voluntarily
and gratuitously and other than in the ordinary course of such person's
employment or practice, renders emergency medical or professional
assistance to a person in need thereof, shall not be liable to such person
assisted for civil damages for any personal injuries which result from
acts or omissions by such person in rendering the emergency care, Senate Bill No. 795
Public Act No. 19-113 2 of 3
which may constitute ordinary negligence. A person or entity that
provides or maintains an automatic external defibrillator shall not be
liable for the acts or omissions of the person or entity in providing or
maintaining the automatic external defibrillator, which may constitute
ordinary negligence. The immunity provided in this subsection does
not apply to acts or omissions constituting gross, wilful or wanton
negligence. With respect to the use of an automatic external
defibrillator, the immunity provided in this subsection shall only apply
to acts or omissions involving the use of an automatic external
defibrillator in the rendering of emergency care. Nothing in this
subsection shall be construed to exempt paid or volunteer firefighters,
police officers or emergency medical services personnel from
completing training in cardiopulmonary resuscitation or in the use of
an automatic external defibrillator in accordance with the guidelines
set forth by the American Red Cross or American Heart Association.
For the purposes of this subsection, "automatic external defibrillator"
means a device that: [(1)] (A) Is used to administer an electric shock
through the chest wall to the heart; [(2)] (B) contains internal decision-
making electronics, microcomputers or special software that allows it
to interpret physiologic signals, make medical diagnosis and, if
necessary, apply therapy; [(3)] (C) guides the user through the process
of using the device by audible or visual prompts; and [(4)] (D) does not
require the user to employ any discretion or judgment in its use.
(2) Notwithstanding the provisions of subdivision (1) of this
subsection, a person licensed to practice medicine and surgery under
the provisions of chapter 370 or dentistry under the provisions of
section 20-106 or members of the same professions licensed to practice
in any other state of the United States, or a person licensed as a
registered nurse under section 20-93 or 20-94 or certified as a licensed
practical nurse under section 20-96 or 20-97, who operates an
automatic external defibrillator to render emergency medical or
professional assistance to a person in need thereof shall not be liable to Senate Bill No. 795
Public Act No. 19-113 3 of 3
such person assisted for civil damages for any personal injuries which
result from the malfunctioning of the automatic external defibrillator,
which malfunctioning was not a result of such health care provider's
negligence.