Substitute Senate Bill No. 318
          Substitute Senate Bill No. 318

               PUBLIC ACT NO. 98-62


AN  ACT  CONCERNING  GOOD  SAMARITAN  IMMUNITY FOR
AUTOMATIC EXTERNAL DEFIBRILLATOR USE BY  A  PERSON
WITH PROPER TRAINING.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. Subsection  (a)  of section 52-557b
of  the  general  statutes  is  repealed  and  the
following is substituted in lieu thereof:
    (a) A person licensed to practice medicine and
surgery under the  provisions  of  chapter  370 or
dentistry under the  provisions  of section 20-106
or members of  the  same  professions  licensed to
practice in any  other state of the United States,
a person licensed  as  a  registered  nurse  under
section 20-93 or  20-94 or certified as a licensed
practical nurse under  section  20-96 or 20-97, AS
AMENDED,  a  medical   technician  or  any  person
operating  a  cardiopulmonary  resuscitator  or  a
person trained in cardiopulmonary resuscitation OR
IN THE USE  OF AN AUTOMATIC EXTERNAL DEFIBRILLATOR
in accordance with  the standards set forth by the
American Red Cross  or American Heart Association,
who, voluntarily and  gratuitously  and other than
in  the  ordinary  course  of  his  employment  or
practice,    renders    emergency    medical    or
professional  assistance  to   a  person  in  need
thereof,  shall  not  be  liable  to  such  person
assisted  for  civil   damages  for  any  personal
injuries which result  from  acts  or omissions by
such person in rendering the emergency care, which
may constitute ordinary  negligence.  The immunity
provided in this subsection does not apply to acts
or omissions constituting  gross, wilful or wanton
negligence. FOR THE  PURPOSES  OF THIS SUBSECTION,
"AUTOMATIC EXTERNAL DEFIBRILLATOR"  MEANS A DEVICE
THAT: (1) IS  USED TO ADMINISTER AN ELECTRIC SHOCK
THROUGH THE CHEST  WALL TO THE HEART; (2) CONTAINS
INTERNAL        DECISION-MAKING       ELECTRONICS,
MICROCOMPUTERS OR SPECIAL  SOFTWARE THAT ALLOWS IT
TO  INTERPRET PHYSIOLOGIC  SIGNALS,  MAKE  MEDICAL
DIAGNOSIS AND, IF  NECESSARY,  APPLY  THERAPY; (3)
GUIDES THE USER  THROUGH  THE PROCESS OF USING THE
DEVICE BY AUDIBLE  OR VISUAL PROMPTS; AND (4) DOES
NOT REQUIRE THE  USER  TO EMPLOY ANY DISCRETION OR
JUDGMENT IN ITS USE.
    Sec.  2.  Section   19a-175   of  the  general
statutes, as amended  by  section 15 of public act
97-311,  is  repealed   and   the   following   is
substituted in lieu thereof:
    As used in this chapter:
    (1) "Emergency medical service system" means a
system  which  provides  for  the  arrangement  of
personnel,  facilities  and   equipment   for  the
efficient, effective and  coordinated  delivery of
health care services under emergency conditions;
    (2) "Patient" means  an injured, ill, crippled
or   physically   handicapped   person   requiring
assistance and transportation;
    (3)   "Ambulance"  means   a   motor   vehicle
specifically designed to carry patients;
    (4) "Ambulance service"  means an organization
which transports patients;
    (5) "Emergency medical  technician"  means  an
individual  who  has  successfully  completed  the
training   requirements   established    by    the
Commissioner  of  Public   Health   and  has  been
certified by the Department of Public Health;
    (6) "Ambulance driver"  means  a  person whose
primary function is driving an ambulance;
    (7) "Emergency medical  technician instructor"
means a person  who is certified by the Department
of Public Health  to teach courses, the completion
of  which are  required  in  order  to  become  an
emergency medical technician;
    (8)   "Communications  facility"   means   any
facility housing the  personnel  and equipment for
handling the emergency  communications  needs of a
particular geographic area;
    (9) "Life saving  equipment"  means  equipment
used  by  emergency   medical  personnel  for  the
stabilization and treatment of patients;
    (10) "Emergency medical  service organization"
means any organization  whether public, private or
voluntary which offers transportation or treatment
services to patients under emergency conditions;
    (11)  "Invalid coach"  means  a  vehicle  used
exclusively    for    the     transportation    of
nonambulatory patients, who  are  not  confined to
stretchers, to or  from  either a medical facility
or the patient's  home  in nonemergency situations
or utilized in  emergency  situations  as a backup
vehicle  when  insufficient   emergency   vehicles
exist;
    (12) "Rescue service"  means any organization,
whether profit or nonprofit, whose primary purpose
is to search  for  persons who have become lost or
to render emergency  service to persons who are in
dangerous or perilous circumstances;
    (13) "Provider" means  any person, corporation
or  organization,  whether  profit  or  nonprofit,
whose primary purpose  is  to deliver medical care
or services, including  such  related medical care
services as ambulance transportation;
    (14) "Commissioner" means  the Commissioner of
Public  Health  acting   through   the  Office  of
Emergency Medical Services;
    (15)  "Paramedic"  means   a  person  licensed
pursuant to section  11  of  [this act] PUBLIC ACT
97-311;
    (16) "Commercial ambulance  service"  means an
ambulance  service which  primarily  operates  for
profit;
    (17)  "Licensed  ambulance  service"  means  a
commercial ambulance service  issued  a license by
the Office of  Emergency  Medical  Services or any
volunteer or municipal  ambulance service issued a
license  by  the   Office   of  Emergency  Medical
Services prior to July 1, 1981;
    (18) "Certified ambulance  services"  means  a
municipal or volunteer  ambulance service issued a
certificate by the  Office  of  Emergency  Medical
Services; [and]
    (19)    "Management    service"    means    an
organization  which  provides   emergency  medical
technicians or paramedics  to any entity including
an  ambulance  service  but  does  not  include  a
commercial ambulance service  or  a  volunteer  or
municipal ambulance service; and
    (20) "AUTOMATIC EXTERNAL  DEFIBRILLATOR" MEANS
A  DEVICE THAT:  (A)  IS  USED  TO  ADMINISTER  AN
ELECTRIC  SHOCK THROUGH  THE  CHEST  WALL  TO  THE
HEART;  (B)  CONTAINS   INTERNAL   DECISION-MAKING
ELECTRONICS,  MICROCOMPUTERS OR  SPECIAL  SOFTWARE
THAT ALLOWS IT  TO  INTERPRET PHYSIOLOGIC SIGNALS,
MAKE MEDICAL DIAGNOSIS  AND,  IF  NECESSARY, APPLY
THERAPY; (C) GUIDES  THE  USER THROUGH THE PROCESS
OF USING THE  DEVICE BY AUDIBLE OR VISUAL PROMPTS;
AND (D) DOES  NOT  REQUIRE  THE USER TO EMPLOY ANY
DISCRETION OR JUDGMENT IN ITS USE.
    Sec. 3. (NEW)  (a) Any person in possession of
an automatic external  defibrillator shall provide
notice of the  location  of  such defibrillator to
the Office of Emergency Medical Services.
    (b) The Office  of  Emergency Medical Services
shall establish a  registry  of automatic external
defibrillators located within  the state and shall
establish a procedure  facilitating the use of the
enhanced  9-1-1 service,  as  defined  in  section
28-25 of the general statutes, for the location of
such defibrillator nearest to the caller.
    (c)  The Commissioner  of  Public  Health  may
adopt   regulations   in   accordance   with   the
provisions of chapter  54  of the general statutes
to  implement  the   purposes   of   the  registry
established by this section.

Approved May 19, 1998