MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Public Health and Welfare; Appropriations

By: Representative Davis

House Bill 595

AN ACT TO ESTABLISH AN AUTOMATIC EXTERNAL DEFIBRILLATOR (AED) ASSISTANCE PROGRAM TO BE ADMINISTERED BY THE STATE DEPARTMENT OF HEALTH FOR THE PURPOSE OF ASSISTING COUNTIES AND MUNICIPALITIES IN PURCHASING AEDS FOR USE BY LOCAL LAW ENFORCEMENT OFFICERS, FIRE FIGHTERS AND EMERGENCY MEDICAL SERVICES PERSONS AND IN TRAINING THOSE PERSONS TO USE AEDS; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE DESIGNATED AS THE "AUTOMATIC EXTERNAL DEFIBRILLATOR ASSISTANCE FUND"; TO PROVIDE THAT THE STATE FISCAL OFFICER SHALL TRANSFER THE SUM OF $1.1 MILLION FROM THE STATE GENERAL FUND TO THE SPECIAL FUND IN TWO EQUAL PAYMENTS, WITH THE FIRST PAYMENT ON JULY 1, 1998, AND THE SECOND PAYMENT ON JANUARY 1, 1999; TO PROVIDE THAT, IN ORDER TO BE ELIGIBLE TO RECEIVE MONIES FROM THE SPECIAL FUND, A COUNTY OR MUNICIPALITY MUST PROVIDE LOCAL MATCHING FUNDS IN AN AMOUNT DETERMINED BY THE POPULATION OF THE COUNTY OR MUNICIPALITY; TO PROVIDE THAT MONIES RECEIVED FROM THE SPECIAL FUND BY A COUNTY OR MUNICIPALITY AND THE REQUIRED LOCAL MATCHING FUNDS SHALL BE EXPENDED ONLY FOR PURCHASING AUTOMATIC EXTERNAL DEFIBRILLATORS FOR USE BY LOCAL LAW ENFORCEMENT OFFICERS, FIRE FIGHTERS AND EMERGENCY MEDICAL SERVICES PERSONS AND FOR TRAINING THOSE PERSONS TO USE AEDS; TO SPECIFICALLY AUTHORIZE ANY LOCAL LAW ENFORCEMENT OFFICER, FIRE FIGHTER OR EMERGENCY MEDICAL SERVICES PERSON TO USE AN AED FOR THE PURPOSE OF SAVING THE LIFE OF ANOTHER PERSON IN CARDIAC ARREST; TO PROVIDE THAT BEFORE ANY SUCH PERSON MAY USE AN AED, THE PERSON MUST OBTAIN APPROPRIATE TRAINING AS SPECIFIED BY THE STATE DEPARTMENT OF HEALTH, AND OBTAIN CERTIFICATION FROM THE DEPARTMENT AS HAVING RECEIVED THE TRAINING AND HAVING A DEMONSTRATED PROFICIENCY IN THE USE OF AN AED; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) There is established an automatic external defibrillator (AED) assistance program to be administered by the State Department of Health for the purpose of assisting counties and municipalities in purchasing AEDs for use by county sheriffs, deputy sheriffs, municipal police officers, other county and municipal law enforcement officers, fire fighters and emergency medical services (EMS) persons who are employed by the counties and municipalities, and in training those persons to use AEDs.

(2) There is created in the State Treasury a special fund to be designated as the "Automatic External Defibrillator Assistance Fund." The State Fiscal Officer shall transfer the sum of One Million One Hundred Thousand Dollars ($1,100,000.00) from the State General Fund to this special fund. The transfer shall be made in two (2) equal payments, with the first payment to be made on July 1, 1998, and the second payment to be made on January 1, 1999. Such monies as are deposited into the fund under the provisions of this section may be expended by the department upon appropriation by the Legislature, and upon requisition therefor by the Executive Director of the State Department of Health, in accordance with the provisions of this section. Five Hundred Fifty Thousand Dollars ($550,000.00) shall be available for expenditure after July 1, 1998, and Five Hundred Fifty Thousand Dollars ($550,000.00) shall be available for expenditure after January 1, 1999. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.

(3) (a) A county or municipality described in paragraph (b)(i) or (c)(i) of this subsection that meets the requirements of this section may receive monies from the fund in a total amount not to exceed Five Thousand Dollars ($5,000.00). A county or municipality described in paragraph (b)(ii) or (c)(ii) of this subsection that meets the requirements of this section may receive monies from the fund in a total amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00).

(b) To be eligible to receive monies from the fund, a county must provide local matching funds as follows:

(i) If the population of the county in the areas outside of the incorporated municipalities in the county is five thousand (5,000) or more, according to the most recent federal decennial census, the amount of the local matching funds shall be equal to the amount received from the fund.

(ii) If the population of the county in the areas outside of the incorporated municipalities in the county is under five thousand (5,000), according to the most recent federal decennial census, the amount of the local matching funds shall be equal to one-third (1/3) of the amount received from the fund.

(iii) The local matching funds may be paid from any funds available to the county.

(c) To be eligible to receive monies from the fund, a municipality must provide local matching funds as follows:

(i) If the population of the municipality is five thousand (5,000) or more, according to the most recent federal decennial census, the amount of the local matching funds shall be equal to the amount received from the fund.

(ii) If the population of the municipality is under five thousand (5,000), according to the most recent federal decennial census, the amount of the local matching funds shall be equal to one-third (1/3) of the amount received from the fund. (iii) The local matching funds may be paid by any funds available to the municipality.

(d) The board of supervisors of a county or the governing authorities of a municipality, as the case may be, shall submit their request for monies from the fund to the State Department of Health. The department shall review each request, and if the requirements of this section have been met, the department shall distribute the monies to the county or municipality.

(e) Monies received from the fund by a county or municipality and the required local matching funds shall be expended only for purchasing AEDs for use by the persons described in subsection (1) of this section and for training those persons to use AEDs.

(4) The State Department of Health shall:

(a) Maintain an accurate record of all monies distributed to counties and municipalities from the fund, those records to be kept separate from other records of the department; (b) Notify counties and municipalities of the AED assistance program and the requirements for them to become eligible to receive monies from the fund;

(c) Adopt and promulgate such rules and regulations as may be necessary and desirable to implement this section; and

(d) File with the Legislature on or before January 5, 1999, and on or before July 1, 1999, a report detailing how the monies in the fund were distributed during the preceding portion of the fiscal year and how the monies were spent by each county and municipality that received monies from the fund.

SECTION 2. Any county sheriff, deputy sheriff, municipal police officer, other county or municipal law enforcement officer, fire fighter or emergency medical services (EMS) person who is employed by a county or municipality may use an automatic external defibrillator (AED) for the purpose of saving the life of another person in cardiac arrest. However, before any such person may use an AED, the person must obtain appropriate training as specified by the State Department of Health, and obtain certification from the department as having received the training and having a demonstrated proficiency in the use of an AED. The training shall include, at a minimum, completion of a course in cardiopulmonary resuscitation (CPR) or successful completion of a basic first aid course that includes CPR training, and a course in the use of an AED.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.