THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BAKER, ARGALL, BOSCOLA, ERICKSON, FONTANA, O'PAKE, ORIE, WARD, WASHINGTON, WAUGH, M. WHITE AND WILLIAMS, APRIL 20, 2010

REFERRED TO JUDICIARY, APRIL 20, 2010  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

Good Samaritan civil immunity relating to automated external

defibrillators.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 8331.2 of Title 42 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 8331.2.  Good Samaritan civil immunity for use of automated

external defibrillator.

(a)  General rule.--[Except as otherwise provided in this

section, any individual who is trained to use an automated

external defibrillator in accordance with subsection (c) and]

Any individual or entity who in good faith uses, acquires or

maintains an AED [in an emergency] shall not be liable for any

civil damages as a result of any acts or omissions by such

individual or entity in using, acquiring or maintaining the AED,

except any acts or omissions intentionally designed to harm or

any grossly negligent acts or omissions which result in harm to

the individual receiving the AED treatment.

(b)  Requirements.--Any [person] individual or entity who

acquires and maintains an AED for use in accordance with this

section shall [not be liable for civil damages provided that the

person]:

(1)  [Ensures] Ensure that expected AED users receive

training pursuant to subsection (c).

(2)  [Maintains and tests] Maintain and test the AED

according to the manufacturer's operational guidelines.

(3)  [Provides] Provide instruction requiring the user of

the AED to utilize available means to immediately contact and

activate the emergency medical services system.

(4)  [Assures] Assure that any appropriate data or

information is made available to emergency medical services

personnel or other health care providers as requested.

(c)  Training.--For purposes of this section, expected AED

users shall complete training in the use of an AED provided by

the American National Red Cross or the American Heart

Association or through an equivalent course of instruction

approved by the Department of Health in consultation with a

technical committee of the Pennsylvania Emergency Health

Services Council.

(d)  Obstruction of emergency medical services personnel.--

Nothing in this section shall relieve a person who uses an AED

from civil damages when that person obstructs or interferes with

care and treatment being provided by emergency medical services

personnel or a health professional.

(e)  Exception.--Any individual or entity who fails to meet

the requirements set forth in subsection (b) or an individual 

who lacks the training set forth in subsection (c) [but who has

access to an AED and in good faith uses an AED in an emergency

as an ordinary, reasonably prudent individual would do under the

same or similar circumstances] shall receive immunity from civil

damages as set forth in subsection (a), unless the individual or

entity acts in a willful and wanton or reckless manner.

(f)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Automated external defibrillator" or "AED."  A portable

device that uses electric shock to restore a stable heart rhythm

to an individual in cardiac arrest.

"Emergency."  A situation where an individual is believed to

be in cardiac arrest and in need of immediate medical attention

to prevent death or serious injury.

"Good faith."  Includes a reasonable opinion that the

immediacy of the situation is such that the use of an AED should

not be postponed until emergency medical services personnel

arrive or the person is hospitalized.

Section 2.  This amendatory act shall apply to all causes of

action arising after June 30, 2010.

Section 3.  This act shall take effect immediately.