MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Public Health and Welfare; Judiciary A

By: Representative Barnett (92nd)

AN ACT TO AUTHORIZE ANY PERSON TO USE AN AUTOMATIC EXTERNAL DEFIBRILLATOR FOR THE PURPOSE OF SAVING THE LIFE OF ANOTHER PERSON IN CARDIAC ARREST; TO REQUIRE PERSONS WHO USE AUTOMATIC EXTERNAL DEFIBRILLATORS TO OBTAIN APPROPRIATE TRAINING AND TO ACTIVATE THE EMERGENCY MEDICAL SERVICES SYSTEM UPON USE OF THE DEFIBRILLATOR; TO ENCOURAGE PERSONS WHO POSSESS AN AUTOMATIC EXTERNAL DEFIBRILLATOR TO REGISTER WITH THE LOCAL EMERGENCY MEDICAL SERVICES AUTHORITIES; TO AMEND SECTION 73-25-37, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY TO PERSONS RENDERING EMERGENCY CARE IN GOOD FAITH WITH AN AUTOMATIC EXTERNAL DEFIBRILLATOR; AND FOR RELATED PURPOSES. 

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

SECTION 1. The Legislature finds that:

(a) The number of deaths due to sudden cardiac arrest is too high;

(b) The key to preventing this high number of deaths is to dramatically expand the availability of defibrillation therapy in a timely fashion;

(c) Recent breakthroughs in automatic external defibrillator technology have resulted in the availability of devices that have proven to be exceptionally safe and effective in treating sudden cardiac arrest;

(d) These new devices are virtually maintenance free, safe and easy to use with minimum training, small, lightweight, durable and less expensive; and

(e) The widespread availability of these new devices will make sudden cardiac arrest a truly treatable disease, preventing hundreds of unnecessary deaths.

(2) The Legislature has determined that it is in the public interest to make these devices readily available to the general public, but that the public should be trained to properly use these devices and to activate the emergency medical services system immediately upon using the device.

SECTION 2. Any person may use an automatic external defibrillator for the purpose of saving the life of another person in cardiac arrest. However, in order to ensure public health and safety:

(a) All persons who have access to or use an automatic external defibrillator shall obtain appropriate training, which includes completion of a course in cardiopulmonary resuscitation (CPR) or successful completion of a basic first aid course that includes cardiopulmonary resuscitation training and demonstrated proficiency in the use of an automatic external defibrillator;

(b) Any person or entity in possession of an automatic external defibrillator is encouraged to register with the local emergency medical services authorities the existence and location of the automatic external defibrillator; and

(c) Any person who uses an automatic external defibrillator shall activate the emergency medical services system as soon as possible upon use of the automatic external defibrillator.

SECTION 3. Section 73-25-37, Mississippi Code of 1972, is amended as follows:

73-25-37. (1) No duly licensed, practicing physician, dentist, registered nurse, licensed practical nurse, certified registered emergency medical technician, or any other person who, in good faith and in the exercise of reasonable care, renders emergency care to any injured person at the scene of an emergency, or in transporting the injured person to a point where medical assistance can be reasonably expected, shall be liable for any civil damages to the injured person as a result of any acts committed in good faith and in the exercise of reasonable care or omissions in good faith and in the exercise of reasonable care by such persons in rendering the emergency care to the injured person.

(2) No person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment by the use of or provision of an automatic external defibrillator, without objection of the injured victim or victims thereof, shall be liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.

SECTION 4. This act shall take effect and be in force from and after July 1, 1998.