ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2269
(By Delegates Staton, Facemyer and Martin)
[Passed March 11, 1999; in effect ninety days from passage.]
AN ACT to amend chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article four-d, relating
to automated external defibrillators; setting forth
legislative purposes and findings; defining terms;
establishing certain criteria for entities providing an
early defibrillation program, including training for
designated operators within a defibrillation program;
involving a physician medical director in the medical
protocols of a defibrillation program; notifying emergency
medical services system when an entity establishes an early
defibrillation program; activating the emergency medical services system when an automated external defibrillator is
used by an operator; authorizing the development of
guidelines for coordination of early defibrillator programs
by the office of emergency medical services; and providing
limitation of liability for compliance with the statutory
provisions except in instances of gross misconduct.
Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article four-d, to read
as follows:
ARTICLE 4D. AUTOMATED EXTERNAL DEFIBRILLATORS.
§16-4D-1. Purpose and findings.
(a) The West Virginia Legislature hereby finds and declares
that each year more than two hundred fifty thousand Americans die
from out-of-hospital incidents of sudden cardiac arrest. More
than ninety-five percent of these incidents result in death and,
in many cases, death occurs because properly trained persons with
life- saving automated external defibrillators arrive at the
scene too late.
(b) The American Heart Association estimates that more than twenty thousand deaths could be prevented each year if early
defibrillation were more widely available.
(c) Many communities around the country have invested in 911
emergency notification systems and emergency medical services,
including well-trained emergency personnel and ambulance
vehicles. However, in many communities, there are not enough
strategically placed automated external defibrillators and
persons trained to properly operate them.
(d) It is, therefore, the intent of this Legislature to
improve access to early defibrillation by encouraging the
establishment of automated external defibrillator programs in
careful coordination with the emergency medical services system.
§16-4D-2. Definitions.
(a) "Automated external defibrillator", hereinafter referred
to as AED, means a medical device heart monitor and defibrillator
that: (1) Has undergone the premarket approval process pursuant
to the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 360, as
amended; (2) is capable of recognizing the presence or absence of
ventricular fibrillation; (3) is capable of determining, without
intervention by the operator, whether defibrillation should be performed; and (4) upon determining that defibrillation should be
performed, automatically charges and requests delivery of an
electrical impulse to an individual's heart.
(b) "Early defibrillation program" means a coordinated
program that meets the requirements of section three of this
article and one that provides early public access to
defibrillation for individuals experiencing sudden cardiac arrest
through the use of an automated external defibrillator.
(c) "Emergency medical services (EMS)" means all services
established by the Emergency Medical Services Act of 1973 in
article four-c of this chapter including, but not limited to, the
emergency medical services plan of the department of health and
human resources providing a response to the medical needs of an
individual to prevent the loss of life or aggravation of illness
or injury.
(d) "Entity" means a public or private group, organization,
business, association or agency that meets the requirements of
section three of this article. "Entity" does not include
emergency medical services operational programs or licensed
commercial ambulance services.
(e) "Medical director" means a duly licensed physician who
serves as the designated medical coordinator for an entity's
early defibrillation program.
§16-4D-3. Early defibrillation programs.
(a) An entity providing an early defibrillation program
shall:
(1) Register the program with the office of emergency
medical services, pursuant to article four-c of this chapter,
identifying the placement of AEDs, training of AED operators,
preplanned EMS system coordination, designation of a medical
director, maintenance of AED equipment and reports of AED
utilization;
(2) Require the operator of an AED to receive appropriate
training in cardiopulmonary resuscitation, referred to as "CPR",
in the operation of an AED and in the determination of advance
directives from the American Heart Association, American Red
Cross, any other nationally recognized course in CPR and AED, or
an AED and CPR training program approved by the office of
emergency medical services;
(3) Maintain and test the AED in accordance with the manufacturer's guidelines, and keep written records of this
maintenance and testing;
(4) Designate a medical director for the coordination of the
program, which shall include, but not limited to, training,
coordinating with EMS, creating AED deployment strategies and
reviewing each operation of an AED;
(5) Notify the local EMS system and public safety answering
point or other appropriate emergency dispatch center of the
existence of an entity's early defibrillation program, the
location of the program and the program's plan for coordination
with the EMS system;
(6) Provide that an operator of an AED who renders emergency
care or treatment on a person experiencing cardiac arrest shall
activate the EMS system as soon as possible and shall report the
use of an AED to the program medical director; and
(7) Comply with the guidelines of the West Virginia office
of emergency medical services regarding data collection and
reporting.
§16-4D-4. Limitation on liability.
A person is not liable for civil damages as a result of any act or omission in rendering emergency medical care or treatment
involving the use of an AED if the care or treatment does not
amount to gross negligence and the following conditions are met:
(1) The person, entity, certified trainer or medical
director of the early defibrillation program is in compliance
with the provisions of section three of this article; and
(2) The person is an operator of an AED who gratuitously and
in good faith rendered emergency medical care, pursuant to the
requirements of section three of this article, other than in the
ordinary course of the person's employment or profession.