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H.B. 50
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EXPANSION OF GOOD SAMARITAN ACT
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1999 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Richard M. Siddoway
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AN ACT RELATING TO HEALTH; EXTENDING IMMUNITY TO A TRAINED PERSON
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WHO USES A FULLY S [
AUTOMATIC
]
AUTOMATED
s EXTERNAL DEFIBRILLATOR IN AN
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EMERGENCY
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SITUATION S
; AND PROVIDING A COORDINATING CLAUSE
s .
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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S
26-8-7.5, as enacted by Chapter 90, Laws of Utah 1998
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26-8-11, as last amended by Chapter 320, Laws of Utah 1990
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26-8-7.5 is amended to read:
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26-8-7.5. Fully automated external defibrillator.
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(1) "Basic emergency care training for cardiac arrest" means a course that:
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(a) includes instruction on cardiopulmonary resuscitation and the operation and use of a fully
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[automatic] AUTOMATED external defibrillator; and
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(b) is conducted in accordance with guidelines of the American Heart Association by a person
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qualified by training or experience.
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(2) Notwithstanding Section 26-8-7, a person who has received basic emergency care training
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for cardiac arrest may provide cardiopulmonary resuscitation and use a fully [automatic]
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AUTOMATED external defibrillator without a license, certificate, designation, or permit issued under
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this chapter or Title 58, Occupations and Professions.
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Section S [
1
]
2
s .
Section
26-8-11
is amended to read:
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26-8-11. Persons and activities exempt from civil liability.
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(1) A licensed physician or licensed registered nurse who, S
GRATUITOUSLY AND
s in good
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faith, gives oral or
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written instructions to certified basic or advanced life support personnel to provide emergency care
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authorized by this chapter is not liable for any civil damages as a result of issuing the instructions,
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unless the instructions given were the result of gross negligence or willful misconduct.
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(2) A basic or advanced life support person during training or after certification, a licensed
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physician, or a registered nurse who, S
GRATUITOUSLY AND
s in good faith, provides emergency
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medical instructions or
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renders emergency medical care authorized by this chapter is not liable for any civil damages as
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a result of any act or omission in providing the emergency medical instructions or medical care,
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unless the act or omission is the result of gross negligence or willful misconduct.
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(3) A certified basic or advanced life support person is not subject to civil liability for
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failure to obtain consent in rendering emergency medical care authorized by this chapter to any
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individual who is unable to give his consent, regardless of the individual's age, where there is no
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other person present legally authorized to consent to emergency treatment, provided that such
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personnel act in good faith.
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(4) A principal, agent, contractor, employee, or representative of an agency, organization,
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institution, corporation, or entity of state or local government that sponsors, authorizes, supports,
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finances, or supervises any functions of an emergency medical services person certified and
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authorized pursuant to this chapter, including an advanced life support person, is not liable for any
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civil damages for any act or omission in connection with such sponsorship, authorization, support,
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finance, or supervision of such emergency medical services person where the act or omission
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occurs in connection with that person's training or occurs outside a hospital where the life of a
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patient is in immediate danger, unless the act or omission is inconsistent with the training of the
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emergency medical services personnel, and unless the act or omission is the result of gross
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negligence or willful misconduct.
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(5) A physician who S
GRATUITOUSLY AND
s in good faith arranges for, requests,
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recommends, or initiates the
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transfer of a patient from a hospital to a critical medical care facility in another hospital is not
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liable for any civil damages as a result of such transfer where:
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(a) sound medical judgment indicates that the patient's medical condition is beyond the
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care capability of the transferring hospital or the medical community in which that hospital is
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located; and
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(b) the physician has secured an agreement from the transferee facility to accept and render
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necessary treatment to the patient.
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(6) A person who is a registered member of the National Ski Patrol System (NSPS) or a
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member of a ski patrol who has completed a course in winter emergency care offered by the NSPS
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combined with CPR for medical technicians offered by the American Red Cross or American
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Heart Association, or an equivalent course of instruction, and who in good faith renders emergency
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medical care is not liable for civil damages as a result of any act or omission in rendering the
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emergency care, unless the act or omission is the result of gross negligence or willful misconduct.
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(7) A person who is permitted to use a fully S [
automatic
]
AUTOMATED
s external
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defibrillator because of
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Section
26-8-7.5
is not liable for civil damages as a result of any act or omission related to the use
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of the defibrillator in providing emergency medical care S
GRATUITOUSLY AND IN GOOD FAITH
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to a person who reasonably appears to be
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in cardiac arrest, unless the act or omission is the result of gross negligence or wilful misconduct.
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Section 3. Coordination clause.
IF THIS BILL AND S.B. 54, EMERGENCY MEDICAL SERVICES SYSTEMS ACT, BOTH PASS, IT IS THE INTENT OF THE LEGISLATURE THAT THE AMENDMENTS TO SECTION 26-8-11 IN THIS BILL
BE INCORPORATED INTO SECTION 26-8a-601 IN S.B. 54.
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Legislative Review Note
as of 1-8-99 9:23 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.