House Bill 749

(As Passed the House)

AN ACT TO AMEND SECTION 41-60-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON WHO OWNS OR LEASES AN AUTOMATED EXTERNAL DEFIBRILLATOR (AED) THAT IS FOR USE OUTSIDE OF A HEALTH CARE FACILITY MUST HAVE A MISSISSIPPI LICENSED PHYSICIAN REVIEW AND APPROVE THE CLINICAL PROTOCOL FOR THE USE OF THE AED, REVIEW AND ADVISE REGARDING THE TRAINING AND SKILL MAINTENANCE OF THE INTENDED USERS OF THE AED AND ASSURE PROPER REVIEW OF ALL SITUATIONS WHEN THE AED IS USED TO RENDER EMERGENCY CARE; TO PROVIDE IMMUNITY FROM CIVIL LIABILITY FOR THE GOOD FAITH USE OF AN AED TO PROVIDE EMERGENCY CARE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-60-33, Mississippi Code of 1972, is amended as follows:

41-60-33. (1) Any person may use an automated external defibrillator for the purpose of saving the life of another person in sudden cardiac death, subject to the following requirements:

(a) Any person who owns or leases an AED that is for use outside of a health care facility must have a Mississippi licensed physician review and approve the clinical protocol for the use of the AED, review and advise regarding the training and skill maintenance of the intended users of the AED and assure proper review of all situations when the AED is used to render emergency care;

(b) The person using the AED must have received appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED by the American Heart Association, American Red Cross, National Safety Council or other nationally recognized course in CPR and AED use;

(c) The AED must be maintained and tested according to the manufacturer's operational guidelines, and must not operate in a manual mode except when access control devices are in place or when appropriately licensed individuals such as registered nurses, physicians or emergency medical technician-paramedics utilize the AED; and

(d) Any person who renders emergency care or treatment on a person in sudden cardiac death by using an AED must activate the EMS system as soon as possible, and report any clinical use of the AED to the licensed physician.

(2) Any person who has had appropriate training, including a course in CPR, has demonstrated a proficiency in the use of an AED, and who gratuitously and in good faith renders emergency care when medically appropriate by use of or provision of an AED, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of that care or treatment, where the person acts as an ordinarily reasonable, prudent person, or with regard to a health care professional, including the licensed physician who reviews and approves the clinical protocol, as a reasonably prudent and careful health care provider would have acted, under the same or similar circumstances.

SECTION 2. This act shall take effect and be in force from and after July 1, 2003.