HLS 10RS-758 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 67
BY REPRESENTATIVE LOPINTO
LIABILITY/CIVIL: Limits civil liability for persons using automated external defibrillators
AN ACT1
To amend and reenact R.S. 40:1236.14 and to enact R.S. 9:2793(C), relative to limitations2
of liability; to provide a limitation of liability for the use of automated external3
defibrillators at the scene of an emergency; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:2793(C) is hereby enacted to read as follows: 6
§2793. Gratuitous service at scene of emergency; limitation on liability 7
* * *8
C. For purposes of this Section, rendering emergency care, first aid, or9
rescue shall include the use of an automated external defibrillator as defined by R.S.10
40:1236.12.11
Section 2. R.S. 40:1236.14 is hereby amended and reenacted to read as follows: 12
§1236.14. Limitation of liability13
In addition to the civil immunity provided to persons rendering emergency14
assistance as provided by law, including R.S. 9:2793, R.S. 37:1731, 1732, and 1735,15
and R.S. 40:1231.2, any prescribing advanced practice registered nurse or physician16
who authorizes the purchase of the AED, any physician or advanced practice17
registered nurse involved in the possessor's program, any individual or entity which18
provides training in cardiopulmonary resuscitation and in the use of an AED, any19
purchaser of an AED, any person or entity who owns or who is responsible for the20
site or the private security patrol vehicle where an AED is located, and any expected21
user regularly on the premises or in the vehicle shall not be liable for any civil22 HLS 10RS-758 ENGROSSED
HB NO. 67
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
damages arising from any act or omission of acts related to the operation of or failure1
to operate an AED that do not amount to willful or wanton misconduct or gross2
negligence.3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lopinto HB No. 67
Abstract: Limits the civil liability of a person using an automated external defibrillator at
the scene of an emergency.
Present law provides that no person who in good faith gratuitously renders emergency care,
first aid, or rescue at the scene of an emergency, or moves a person receiving such care, first
aid, or rescue to a hospital or other place of medical care shall be liable for any civil
damages as a result of any act or omission in rendering the care or services or as a result of
any act or failure to act to provide or arrange for further medical treatment or care for the
person involved in the emergency.
Present law provides that the limitation of liability shall not be considered gratuitous and
shall not apply when rendered incidental to a business relationship, such as that of
employer-employee, existing between the person rendering such care or service or
transportation and the person receiving the same.
Present law does not provide an exemption from liability to those individuals who
intentionally or by grossly negligent acts or omissions cause damages to another individual.
Present law provides that the immunity granted by present law shall be personal to the
individual rendering such care or service or furnishing such transportation and shall not inure
to the benefit of any employer or other person legally responsible for the acts or omissions
of such individual, nor shall it inure to the benefit of any insurer.
Proposed law provides that, for purposes of the limitation of liability, rendering emergency
care, first aid, or rescue shall include the use of an automated external defibrillator as defined
by R.S. 40:1236.12.
Present law defines "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 U.S. 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 whether defibrillation should be performed; (3) upon determining
that defibrillation should be performed, automatically charges and requests delivery of an
electrical impulse to an individual's heart; and (4) is capable of delivering the electrical
impulse to an individual's heart.
Present law provides a limitation of liability for certain persons involved with an automated
external defibrillator program, including any person responsible for the site.
Proposed law retains present law and specifies that an owner of the site is included in the
limitation of liability,
(Amends R.S. 40:1236.14; Adds R.S. 9:2793(C))