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THE STATE SENATE 1 Monday, February 23, 2009 2 Senate Bill No. 745 3 As Amended 4 SENATE BILL NO. 745 - By: Jolley of the Senate and Sullivan of the 5 House. 6 [ torts - automated external defibrillator - immunity from 7 liability - effective date ] 8 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 9 SECTION 1. AMENDATORY 76 O.S. 2001, Section 5A, as 10 amended by Section 1, Chapter 127, O.S.L. 2004 (76 O.S. Supp. 2008, 11 Section 5A), is amended to read as follows: 12 Section 5A. A. 1. Any person who is qualified pursuant to 13 this subsection and who, in good faith and without expectation of 14 compensation, renders emergency care or treatment outside of a 15 medical facility by the use of an automated external defibrillator 16 shall be immune from civil liability for personal injury which 17 results from the use of the device, except for acts of gross 18 negligence or willful or wanton misconduct in the use of such 19 device. 20 2. A person is qualified pursuant to this subsection upon 21 successful completion of appropriate training in the use of 22 automated external defibrillators and cardiopulmonary resuscitation. 23 Appropriate training shall consist of a course in the use of 24 SB 745 SB745 SFLR 2 State Senate(Bold face denotes Committee Amendments) automated external defibrillators and cardiopulmonary resuscitation. 1 Such courses shall be approved pursuant to rules promulgated by the 2 State Board of Health and shall be subject to approval or 3 disapproval in the discretion of the Commissioner of Health. These 4 rules may include appropriate periodic retraining at intervals 5 established by the Commissioner by rule.6 3. Course directors and trainers who have completed the 7 training required by the State Department of Health for teaching 8 courses in the use of automated external defibrillators and 9 cardiopulmonary resuscitation shall be immune from civil liability 10 for personal injury which results from the use of the device, except 11 for acts of gross negligence or willful or wanton misconduct in the 12 teaching of such training courses. 13 B. A prescribing physician who, in good faith and without 14 expectation of compensation, writes a prescription for the use of an 15 automated external defibrillator to render emergency care or 16 treatment shall be immune from civil liability for personal injury 17 which results from the use of the device, except for acts of gross 18 negligence or willful or wanton misconduct in the prescribing of the 19 device. 20 C. An entity which or individual who owns, leases, possesses, 21 or otherwise controls an automated external defibrillator shall be 22 immune from civil liability for personal injury which results from 23 SB745 SFLR 3 State Senate(Bold face denotes Committee Amendments) the use of the device, except for acts of gross negligence or 1 willful or wanton misconduct, if the entity:2 1. Requires its own authorized agents who may use the automated 3 external defibrillator to be qualified pursuant to subsection A of 4 this section if not available to the public; or5 2. Maintains and stores its automated external defibrillator 6 with a usage detection device which automatically signals first 7 responders or designated qualified employees of the entity if made 8 available to the public; and9 3. Maintains and tests its automated external defibrillator 10 according to the manufacturer’s instructions. 11 D. An entity which or individual who owns, leases, possesses or 12 otherwise controls an automated external defibrillator shall 13 communicate to the proper first responder the locations and 14 placements of the automated external defibrillator owned, leased, 15 possessed or otherwise controlled by the entity or individual. 16 E. For purposes of this section: 17 1. “Automated external defibrillator” means a medical device 18 consisting of a heart monitor and defibrillator which: 19 a. has received approval of its premarket notification, 20 filed pursuant to 21 U.S.C., Section 360(k), from the 21 United States Food and Drug Administration, 22
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