PRINTER'S NO. 3121
No. 2267 Session of 2002
INTRODUCED BY R. MILLER, SOLOBAY, ARMSTRONG, M. BAKER, BARD,
BASTIAN, BROWNE, CAPPELLI, CAWLEY, L. I. COHEN, COLEMAN,
CORNELL, COSTA, CREIGHTON, DeLUCA, DiGIROLAMO, FAIRCHILD,
FLICK, FRANKEL, GABIG, GEIST, GEORGE, GRUCELA, HALUSKA,
HARHAI, HENNESSEY, HERMAN, HESS, HUTCHINSON, JAMES, KAISER,
LAUGHLIN, LEWIS, MACKERETH, MANDERINO, McCALL, McGEEHAN,
READSHAW, ROSS, RUBLEY, SAINATO, SAMUELSON, SATHER, SCHULER,
SEMMEL, SHANER, B. SMITH, STABACK, STERN, E. Z. TAYLOR,
TIGUE, WANSACZ, WILT, WOJNAROSKI AND ZUG, JANUARY 4, 2002
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JANUARY 4, 2002
AN ACT
1 Providing for public access to defibrillation program, for
2 grants to promote the use of automated external
3 defibrillators by first responders, for eligibility
4 requirements and application procedures and for duties of the
5 Department of Health; and making an appropriation.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Public Access
10 to Defibrillation Act.
11 Section 2. Legislative findings.
12 The General Assembly hereby finds that:
13 (1) Heart disease is the leading cause of death in the
14 United States and that over 200,000 deaths each year are
15 attributed to sudden cardiac arrest.
1 (2) The survival rates of a victim of sudden cardiac
2 arrest can be increased by up to 44% by greater public access
3 to defibrillation.
4 (3) It is the intent of this law to provide greater
5 public access to defibrillators by ensuring that first
6 responders have access to automated external defibrillators.
7 Section 3. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Automated external defibrillator." The term as defined in
12 42 Pa.C.S. § 8331.2 (relating to good Samaritan civil immunity
13 for use of automated external defibrillator).
14 "Department." The Department of Health of the Commonwealth.
15 "First responder." Any individual who has been certified as
16 a first responder by the Department of Health pursuant to 28 Pa.
17 Code § 1003.22 (relating to first responder).
18 "Municipality." A county, a city of the first class, a city
19 of the second class, a city of the second class A, a third class
20 city, a borough, an incorporated town, a township of the first
21 class and a township of the second class, including a county, a
22 city of the first class, a city of the second class, a city of
23 the second class A, a third class city, a borough, an
24 incorporated town, a township of the first class or a township
25 of the second class that has adopted a home rule charter,
26 optional plan or optional charter.
27 Section 4. Public Access to Defibrillation Program.
28 (a) Establishment.--There is hereby established within the
29 department the Public Access to Defibrillation Program for the
30 purpose of promoting the purchase of automated external
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1 defibrillators by municipalities for the use of first
2 responders.
3 (b) Eligible use.--Municipalities must use any grant awarded
4 under this act for the purchase of up to two automated external
5 defibrillators for first responders.
6 (c) Criteria for award of grant.--The department shall
7 consider the following factors in awarding grants under this
8 section:
9 (1) The population of the municipality.
10 (2) The amount and type of first responders within the
11 municipality.
12 (3) The number of automated external defibrillators
13 already available to first responders within the community.
14 (4) The geographic distribution of automated external
15 defibrillators throughout this Commonwealth.
16 (d) Grant limitation.--The amount of the grant shall not
17 exceed 50% or $1,500 of the purchase price of each automated
18 external defibrillator.
19 (e) Terms of grants.--The recipients of a grant shall enter
20 into an agreement with the department. The agreement shall
21 include, but not be limited to, the following terms and
22 conditions:
23 (1) All automated external defibrillators must be used
24 by a certified first responder.
25 (2) All recipients shall maintain and test the automated
26 external defibrillators according to the manufacturer's
27 operational guidelines.
28 (3) All recipients shall notify emergency medical
29 services personnel of the presence of an automated external
30 defibrillator and assure that any appropriate data or
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1 information is made available to emergency medical services
2 or other health care providers as requested.
3 (f) Statement of policy.--The department shall establish the
4 policies and procedures necessary to carry out the provisions of
5 this act. The policies and procedures shall be promulgated as a
6 statement of policy.
7 Section 5. Appropriation.
8 The sum of $2,500,000, or as much thereof as may be
9 necessary, is hereby appropriated to the Department of Health to
10 carry out the provisions of this act.
11 Section 6. Effective date.
12 This act shall take effect in 90 days.
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