Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
Chapter 112 of the General Laws is hereby amended by inserting after
section 12V the following
section:-
Section 12V>. (a) As used in this section, the following words, shall,
unless the
context requires otherwise,
have the following meanings:-
"AED", a semi-automatic or automatic external defibrillator.
"AED agency", a person that (i) possesses an AED that is maintained and
tested in accordance with its manufacturer's guidelines, (ii) permits an AED
provider to use an AED in its possession, (iii) requires that each AED
provider, in each instance of responding to a request for emergency care or
treatment, contacts the police or emergency medical services in the city or
town in which they are located and provides a report to its AED medical
director, (iv) prior to implementation of its public access defibrillation
program, notifies the local police and the emergency medical services provider
of the number, type and location of the AED in its possession, and
(v) contracts with an AED medical director, who shall be responsible for
ensuring that the AED agency complies with AED maintenance, AED provider
training and notice requirements.
"AED medical director", a physician practicing in or adjacent to the regional
emergency medical service region of the city or town in which the AED agency
with which he contracts is located, who (i) is an emergency physician or
cardiologist or a physician having specialized training and knowledge
concerning public access defibrillation, (ii) is knowledgeable about emergency
medical services protocols established pursuant to chapter 111C, (iii) is
familiar
with cardiopulmonary resuscitation and AED action sequences, (iv) coordinates
the activities of the AED agency with which he contracts and its AED providers,
with the protocols described and the action sequences described in this
section,
and (v) evaluates the activities of the AED agency with which he contracts.
"AED provider", a person (i) who has successfully completed a course in
cardiopulmonary resuscitation and in the use of an AED that meets or exceeds
the standards established by the American Heart Association or the American
National Red Cross and (ii) whose evidence of successful course completion has
not expired.
"Public access defibrillation program", a program sponsored by an AED agency,
using AED providers and an AED medical director, which makes automatic external
defibrillation and AED providers available to the public.
(b) Any AED provider who in good faith renders emergency cardiopulmonary
resuscitation or automatic external defibrillation, in accordance with his
training through a public access defibrillation program, to any person who
apparently requires cardiopulmonary resuscitation or defibrillation, shall not
be liable for acts or omissions, other than gross negligence or willful or
wanton misconduct, resulting from the rendering of emergency cardiopulmonary
resuscitation or defibrillation.
(c) An AED medical director and an AED agency who in good faith participates
in a public access defibrillator program shall not be liable for acts or
omissions, other than gross negligence or willful or wanton misconduct,
resulting from such participation.
Approved November 24, 1999.