Second Regular Session 110th General Assembly (1998)


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SENATE ENROLLED ACT No. 171



    AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 16-31-6.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 6.5. Automatic External Defibrillators
     Sec. 1. This chapter applies only to persons who are subject to the standards established by the commission under IC 16-31-2-9.
    Sec. 2. This chapter does not apply to the following:
        (1) A licensed physician.
        (2) A hospital or an ambulatory outpatient surgical center.
        (3) A person providing health care in a hospital or an ambulatory outpatient surgical center licensed under IC 16-21.
        (4) A person or entity certified under IC 16-31-3.

    Sec. 3. As used in this chapter, "defibrillator" means an automatic external defibrillator.
    Sec. 4. A person or entity acquiring a defibrillator shall do the following:
        (1) Ensure that expected defibrillator users successfully complete an American Heart Association automated external

defibrillator course or the equivalent and an American Heart Association cardiopulmonary resuscitation course or the equivalent, taught by a national or state approved instructor. The user of a defibrillator shall possess demonstrated proficiency in defibrillation and cardiopulmonary resuscitation.
        (2) Ensure that the defibrillator is maintained and tested according to the manufacturer's operational guidelines.
        (3) Enlist medical direction by a licensed physician in the use of the defibrillator and cardiopulmonary resuscitation.
    Sec. 5. A person or entity in possession of a defibrillator shall notify the:
        (1) ambulance service provider that serves the area where the person or entity is located; or
        (2) emergency medical services commission;
of the acquisition and location of the defibrillator.
    Sec. 6. A person who uses a defibrillator is required to contact:
        (1) the ambulance service provider; or
        (2) a fire department that provides ambulance service;
for the area as soon as practicable following the use of the defibrillator.

    SECTION 2. IC 34-4-12-1.5 , AS AMENDED BY P.L.219-1996, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.5. (a) As used in this section, "gratuitously renders emergency care" means the giving of emergency care, including the use of an automatic external defibrillator, that was volunteered without legal obligation on the part of the person rendering the emergency care and for which the person rendering the emergency care does not expect remuneration. Emergency care may not be considered to be gratuitously rendered emergency care solely because of the failure to send a bill for the emergency care.
    (b) This section does not apply to services rendered by a health care provider (as defined in IC 27-12-2-14 ) to a patient in a health care facility (as defined in IC 27-8-10-1 ).
    (c) Except as provided in subsection (d), a person who comes upon the scene of an emergency or accident or is summoned to the scene of an emergency or accident and, in good faith, gratuitously renders emergency care at the scene of the emergency or accident is immune from civil liability for any personal injury that results from:
        (1) any act or omission by the person in rendering the emergency care; or as a result of
        (2) any act or failure to act to provide or arrange for further

medical treatment or care for the injured person;
except for acts or omissions amounting to gross negligence or willful or wanton misconduct.
    (d) This subsection applies to a person to whom IC 16-31-6.5 applies. A person who gratuitously renders emergency care involving the use of an automatic external defibrillator is immune from liability for any act or omission not amounting to gross negligence or willful or wanton misconduct if the person fulfills the requirements set forth in IC 16-31-6.5.
     (e) This subsection applies to an individual, business, or organization to which IC 16-31-6.5 applies. An individual, business, or organization that allows a person who is an expected user to use an automatic external defibrillator of the individual, business, or organization to in good faith gratuitously render emergency care is immune from civil liability for any damages resulting from an act or omission not amounting to gross negligence or willful or wanton misconduct by the user or for acquiring or providing the automatic external defibrillator to the user for the purpose of rendering the emergency care if the individual, business, or organization and the user fulfill the requirements set forth in IC 16-31-6.5.
    SECTION 3. An emergency is declared for this act.


SEA 171

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