Senate Bill 2460

AN ACT TO AMEND SECTIONS 41-60-31 THROUGH 41-60-35, AND TO CODIFY SECTION 41-60-37, MISSISSIPPI CODE OF 1972, TO DEFINE WHO CAN AUTHORIZE USE OF AUTOMATED EXTERNAL DEFIBRILLATORS (AED), TO PROVIDE FOR NOTIFICATION OF ACQUISITION AND USE OF AEDS, TO REQUIRE AED RESPONSE PLAN FOR NON-HEALTH CARE FACILITIES OR ENTITIES THAT USE AEDS, AND TO PROVIDE LIMITED 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 41-60-31, Mississippi Code of 1972, is amended as follows:

41-60-31. As used in Sections 41-60-31 through 41-60-35 and Section 73-25-37:

(a) "AED" means an automated external defibrillator, which is a device, heart monitor and defibrillator that:

(i) Has received approval of its premarket notification filed under 21 USCS, Section 360(k) from the United States Food and Drug Administration;

(ii) Is capable of recognizing the presence or absence of ventricular fibrillation, which is an abnormal heart rhythm that causes the ventricles of the heart to quiver and renders the heart unable to pump blood, or rapid ventricular tachycardia, which is a rapid heartbeat in the ventricles and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and

(iii) Upon determining that defibrillation should be performed, automatically charges and advises the operator to deliver hands-free external electrical shock to patients or automatically delivers hands-free external electrical shock to patients to terminate ventricular fibrillation or ventricular tachycardia when the heart rate exceeds a preset value.

(b) "Emergency medical services (EMS) notification" means activation of the 911 emergency response system or the equivalent.

(c) "Authorizing health care professional" means a Mississippi licensed physician, licensed physician assistant, advanced practice registered nurse, or other licensed health care professional, who is legally authorized to prescribe use of AEDs.

SECTION 2. Section 41-60-33, Mississippi Code of 1972, is amended as follows:

41-60-33. 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) AEDs are classified as medical devices by the U.S. Food and Drug Administration and therefore a health care professional who is legally authorized, must prescribe the acquisition of AEDs and be involved in the possessor's programto ensure compliance with requirements for initial and ongoing training, emergency medical services (EMS) notification and maintenance;

(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 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; * * *

(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 * * *;

(e) After each clinical use of the AED, the user or owners/managers of the facility where the AED was used must report the event to the authorizing health care professional and the local licensed emergency medical service provider. They must also comply with reporting and transferring of data from the AED if requested by the local licensed emergency medical service provider and/or the hospital that receives the patient on which the AED was applied;

(f) The AED must be maintained and tested according to the manufacturer's operational guidelines;

(g) Any AED placed for use in Mississippi must be registered with the Mississippi Department of Health, Office of Emergency Planning and Response (OEPR), within thirty (30) days of receipt. The OEPR is authorized to promulgate rules and regulations for the placement and registry of AEDs in the State of Mississippi, and to require that copies of the registration be posted at the facility or entity owning or having access to the operation of the AED. The OEPR will, in turn, notify the local licensed EMS provider(s) of all AEDs registered in their area of jurisdiction; and

(h) Any business, facility or entity, other than a health care facility or individual home, that acquires AEDs must develop a written AED response plan. The AED plan shall include:

(i) Who manages the AED program;

(ii) Medical supervision from appropriate licensed health care professionals in the oversight of training of the AED;

(iii) Standing orders stating when the AED should be used, when it should not be used, and training required to use it;

(iv) How internal responders and the community's EMS team will be notified;

(v) Types and locations of AEDs and other equipment (such as gloves, facemasks for CPR, etc.);

(vi) AED training and refresher training policy including CPR;

(vii) A process and schedule for checking and maintaining equipment;

(viii) A process to periodically review and update the policy and procedures;

(ix) Any record that must be kept each time an AED is applied;

(x) How to handle data recorded by the AED during use and transferring that data promptly to the responding local licensed EMS provider and/or hospital receiving a patient on which the AED was applied;

(xi) Coordination with local licensed EMS providers regarding the placement and incidents of use of the devices;

(xii) Program quality assurance. This shall include compliance with quality assurance policies and procedures imposed by the local licensed EMS provider and/or its medical director only if they expressly indicate they wish to be involved in the quality control program.

SECTION 3. Section 41-60-35, Mississippi Code of 1972, is amended as follows:

41-60-35. An individual may use an AED if all of the requirements of Section 41-60-33 are met. However, nothing in Sections 41-60-31 through 41-60-35 and Section 73-25-37 shall limit the right of an individual to practice a health occupation that the individual is otherwise authorized to practice under the laws of Mississippi.

SECTION 4. Section 41-60-37, Mississippi Code of 1972, is codified as follows:

Any person who in good faith, with or without compensation, who has had appropriate training, including a course in CPR, has demonstrated a proficiency in the use of an AED, renders emergency care when medically appropriate by use of or provision of an AED, without the objection of the ill or injured victim(s) thereof, in accordance with the provisions of Sections 41-60-31 et seq., shall be immune from civil liability for any personal injury as a result of that 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, or with regard to a health care professional, including the licensed physician who reviews and approves the clinical usage, as a reasonably prudent and careful health care provider would have acted, under the same or similar circumstances and the person's actions or failure to act does not amount to willful or wanton misconduct or gross negligence. In addition any authorized health care professional who prescribes an AED for public or private use, any person who provided training in CPR and in the use of an AED, any purchaser or lessee of an AED, any person responsible for the site where the AED is located and any expected user regularly on the premises shall not be liable for any civil damages as a result of any act or omission of acts related to the operation of an AED that do not amount to willful or wanton misconduct or gross negligence.

SECTION 5. This act shall take effect and be in force from and after July 1, 2004.