H. B. 4486
(By Delegates Brown, Hatfield, Staggers and Long)
[Introduced February 11, 2008; referred to the
Committee on Health and Human Resources then the
A BILL to amend and reenact §16-4D-2, §16-4D-3 and §16-4D-4 of the
Code of West Virginia, 1931, as amended, all relating to
adding definitions for anticipated and unanticipated users of
external defibrillators and limiting liability toward
unanticipated users who render aid.
Be it enacted by the Legislature of West Virginia:
That §16-4D-2, §16-4D-3 and §16-4D-4 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
ARTICLE 4D. AUTOMATED EXTERNAL DEFIBRILLATORS.
(a) "Anticipated operator", means a person or persons likely
to be called upon to utilize an automated external defibrillator
which was placed through an early defibrillation program.
"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.
"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.
"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
"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.
"Medical director" means a duly licensed physician who
serves as the designated medical coordinator for an entity's early
(g) "Unanticipated operator", means any person rendering
emergency medical care involving the use of an AED.
§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
preplanned EMS system coordination, designation of a medical
director, maintenance of AED equipment and reports of AED
(2) Require the anticipated
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 be 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
(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 anticipated
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
(3) The person is an unanticipated operator who gratuitously
and in good faith rendered emergency medical care.
NOTE: The purpose of this bill is to add definitions for
anticipated and unanticipated users of external defibrillators and
limiting liability toward unanticipated users who render aid.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would