H. B. 4127
(By Mr. Speaker, Mr. Kiss, and Delegates Varner,
Stemple, Pethtel, Campbell, Kominar and Leach)
[Introduced January 26, 2004; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-4D-5, relating to
permitting paid and volunteer fire departments to place
automated external defibrillators on fire trucks and other
fire apparatus and providing that in emergency situations,
trained firefighters may use an automated external
defibrillator when no licensed emergency personnel are
present.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §16-4D-5, to read as
follows:
ARTICLE 4D. AUTOMATED EXTERNAL DEFIBRILLATORS.
§16-4D-5. Placement of automated external defibrillators on fire
department apparatuses; training and liability exemption for use by trained firefighters.
A volunteer or paid fire department meeting the provisions of
section three of this article may place an automated external
defibrillator on fire apparatuses for use by firefighters who meet
the basic training requirements of subsection (2), section three of
this article. A member of a paid or volunteer fire department in
compliance with section three of this article may use an automated
external defibrillator attached to a fire apparatus in an emergency:
Provided, That the firefighter meets the basic training requirements
for the use of an automated external defibrillator as set out in
subsection (2), section three of this article and there are no
licensed emergency medical personnel available. A member of a
volunteer or paid fire department which meets the requirements of
section three of this article, when using an automated external
defibrillator attached to a fire apparatus during an emergency
pursuant to the provisions of this section is not considered to be
acting in the ordinary course of his or her employment or profession
if no licensed emergency personnel who are trained in the use of an
automated external defibrillator are available.
Nothing in this section requires a volunteer fire department
to be registered as an emergency medical service agency under the
provisions of article four-c of this chapter.
NOTE: The purpose of this bill is to permit paid and volunteer
fire departments to place automated external defibrillators
automated external defibrillators on fire trucks and other fire
apparatus and to provide that in emergency situations, trained
firefighters may use an automated external defibrillator when no
licensed emergency personnel are present.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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