HOUSE BILL NO. 430
AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE USE OF AUTOMATIC EXTERNAL DEFIBRILLATORS UNDER CERTAIN CIRCUMSTANCES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Part II, Title 16 of the Delaware Code by adding thereto a new chapter, designated as Chapter 30, which new chapter shall read as follows:
"CHAPTER 30. AUTOMATIC EXTERNAL DEFIBRILLATORS (AEDS)
§3001. Findings and Purpose.
The General Assembly of the State of Delaware has found that each year more than 350,000 Americans experience out-of-hospital sudden cardiac arrest. More than 95% of them die. In many cases, people die because life saving defibrillators arrive on the scene too late, if at all. It is estimated that more than 100,000 deaths could be prevented each year if defibrillators were more widely available to designated users (responders). Many communities around the country have invested in 911 emergency response systems, emergency personnel, and ambulance vehicles. However, many of these same communities do not have enough defibrillators. It is therefore the intent of this General Assembly to encourage greater acquisition, deployment, and use of automated external defibrillators in communities within the State of Delaware.
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them herein, except where the context clearly indicates a different meaning:
(a) "Automated external defibrillator," (AED) shall mean a medical device which is both a heart monitor and defibrillator that has received approval of its pre-market notification, filed with the Food and Drug Administration pursuant to United States Code, Title 21, section 360(k).
(b) “Records” shall mean the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data and other documentation generated by the State EMS Medical Director.
§3003. Correct use of defibrillator; training in order to ensure public health and safety
(a) Any entity to whom AEDs are distributed shall insure that:
(1) each prospective defibrillator user receives appropriate training by the American Red Cross, the American Heart Association, Delaware State Fire School or by another nationally recognized provider of training for cardio-pulmonary resuscitation and AED use; provided however, that such training shall be approved by the State EMS Medical Director;
(2) the defibrillator is maintained and tested according to the manufacturer's guidelines; and
(3) any person who renders emergency care or treatment on a person in cardiac arrest by using an AED shall notify the appropriate EMS units as soon as possible, and report any clinical use of the AED to the appropriate licensed physician or medical authority.
(b) The State EMS Medical Director shall maintain a file containing the name of each person or entity that acquires an AED with State funding.
§3004. Quality Review Program
All quality management proceedings shall be confidential. Records of the State EMS Medical Director, and EMS quality care review committee relating to AED reviews and audits shall be confidential and privileged, are protected, and are not subject to discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. Raw data used in any AED review or audit shall not be available for public inspection; nor is such raw data a “public record” as set forth in the Delaware Freedom of Information Act.
§3005. Provision of limited liability protections.
(a) Any person or entity, who in good faith and without compensation, renders emergency care or treatment by the use of an AED shall be immune from civil liability for any personal injury as a result of such care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment, if such person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances and such act or acts do not amount to willful or wanton misconduct or gross negligence.
(b) Any individual who authorizes the purchase of an AED, any person or entity who provides training in cardiopulmonary resuscitation and the use of an AED, and any person or entity responsible for the site where the AED is located, shall be immune from civil liability for any personal injury that results from any act or omission that does not amount to willful or wanton misconduct or gross negligence."
Approved July 13,2000