70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session


                            Enrolled

                         Senate Bill 313

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Human
  Resources Committee for the American Heart Association,
  Northwest Affiliate)


                     CHAPTER ................


                             AN ACT


Relating to defibrillators.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + (1) A person may not maintain an action for
damages for injury, death or loss that results from acts or
omissions of another person rendering emergency medical
assistance with an automated external defibrillator.
  (2) The provisions of this section do not apply to any person
who renders medical assistance with the expectation of
compensation.
  (3) The immunity provided by this section applies only if:
  (a) Before using an automated external defibrillator, the
person using the defibrillator has received instruction in the
use of defibrillators and in cardiopulmonary resuscitation in a
course approved by the Health Division of the Department of Human
Resources;
  (b) The person using an automated external defibrillator on
another person calls 9-1-1 or such other emergency phone number
serving the area as soon as possible after use of the
defibrillator, and provides all information on the use of the
defibrillator requested by the emergency medical service
provider, as defined in ORS 41.685, or health care provider that
assumes responsibility for the care of the person on whom the
defibrillator was used;
  (c) The automated external defibrillator has been maintained
and tested in the manner required by the manufacturer's
guidelines;
  (d) The person that acquired and maintains the automated
external defibrillator has sought medical direction from a
licensed physician in the use of the defibrillator and in
cardiopulmonary resuscitation; and
  (e) The person that acquired and maintains the automated
external defibrillator has contacted at least one local emergency
medical service provider, as defined in ORS 41.685, serving the
area in which the defibrillator is used and has notified that
organization of the location of the defibrillator.
  (4) The immunity provided by this section applies to a person
that acquires and maintains an automated external defibrillator,


Enrolled Senate Bill 313 (SB 313-A)                        Page 1



a person who uses the defibrillator on another person, a person
that provides instruction in the use of defibrillators and in
cardiopulmonary resuscitation pursuant to the requirements in
subsection (3)(a) of this section, a physician who provides
medical direction in the use of the defibrillator and in
cardiopulmonary resuscitation pursuant to the requirements in
subsection (3)(d) of this section and any person that owns or
exercises control over the property where the defibrillator is
used.
  (5) Use of an automated external defibrillator is medical care
for the purposes of ORS 30.800. Subject to the requirements of
ORS 30.800, a person providing emergency medical assistance
through the use of an automated external defibrillator may claim
the immunity provided by ORS 30.800 if the person is not entitled
to the immunity provided under the provisions of this section.
  (6) As used in this section, 'emergency medical assistance '
has the meaning given that term in ORS 30.800. + }
  SECTION 2.  { + Section 1 of this 1999 Act applies only to
causes of action that arise on or after the effective date of
this 1999 Act. + }
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Passed by Senate March 8, 1999


      ...........................................................
                                              Secretary of Senate

      ...........................................................
                                              President of Senate

Passed by House May 20, 1999


      ...........................................................
                                                 Speaker of House

























Enrolled Senate Bill 313 (SB 313-A)                        Page 2





Received by Governor:

......M.,............., 1999

Approved:

......M.,............., 1999


      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 1999


      ...........................................................
                                               Secretary of State









































Enrolled Senate Bill 313 (SB 313-A)                        Page 3