LRB-2600/1
DAK:lmk:pg
2005 - 2006 LEGISLATURE
April 27, 2005 - Introduced by Senators Leibham, Lassa, Roessler, Olsen, Cowles,
A. Lasee, Stepp, Grothman, Erpenbach, Robson, Darling, Brown, Harsdorf
and Kedzie, cosponsored by Representatives Wasserman, Montgomery,
Gronemus, Ainsworth, Musser, Vos, Gielow, Ott, Townsend, Nass, Kestell,
Hahn, Davis, Petrowski, Albers, Vrakas, Van Akkeren, Hines, Lothian, Van
Roy, Loeffelholz, F. Lasee, Freese, Berceau, Lehman, Pocan, Pope-Roberts,
Pridemore, Sheridan, Staskunas and Turner. Referred to Committee on
Judiciary, Corrections and Privacy.
SB186,1,5
1An Act to amend 146.50 (8g) (title), 146.50 (8g) (b), 146.50 (8g) (c) (intro.), 146.50
2(8g) (c) 1., 146.50 (8g) (c) 2., 146.50 (8g) (d), 895.48 (4) (a) (intro.), 895.48 (4) (a)
32., 895.48 (4) (a) 3. and 895.48 (4) (b) 1. of the statutes;
relating to: providing
4immunity from civil liability for users, owners, and providers of automatic
5defibrillators for acts or omissions in rendering emergency care in good faith.
Analysis by the Legislative Reference Bureau
Under current law, certain persons who are not emergency medical technicians
or first responders-defibrillation, but who have received training in a course that is
approved by the Department of Health and Family Services, may use semiautomatic
defibrillators in rendering emergency care or treatment to others who appear to be
in cardiac arrest. (A semiautomatic defibrillator is a heart monitor and defibrillator
that is capable of recognizing the presence or absence of ventricular fibrillation or
rapid ventricular tachycardia, determining whether defibrillation should be
performed, charging, and, upon the operator's command, delivering an electrical
impulse to an individual's heart.) A person who provides a semiautomatic
defibrillator for this use must provide written notice and certain information to the
nearest emergency services program and must ensure that the semiautomatic
defibrillator is maintained and tested in accordance with the manufacturer's
guidelines. If these requirements are complied with, the users, owners, and
providers of semiautomatic defibrillators are immune from civil liability for acts or
omissions in rendering emergency care in good faith.
This bill provides to users, owners, and providers of automatic defibrillators the
same immunity from civil liability for acts or omissions in rendering emergency care
in good faith that exists for users, owners, and providers of semiautomatic
defibrillators if the requirements similar to those under current law for providing
notice and information, maintaining and testing the automatic defibrillators, and
receipt of training are met. (An automatic defibrillator is similar to a semiautomatic
defibrillator, except that it either automatically delivers an electrical impulse to an
individual's heart or charges and delivers the electrical impulse upon the operator's
command.)
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB186, s. 1
1Section
1. 146.50 (8g) (title) of the statutes is amended to read:
SB186,2,22
146.50
(8g) (title)
Special use of
automatic and semiautomatic defibrillators.
SB186, s. 2
3Section
2. 146.50 (8g) (b) of the statutes is amended to read:
SB186,2,84
146.50
(8g) (b) Notwithstanding subs. (6g) (b) and (8) (e), a person other than
5an emergency medical technician or a first responder - defibrillation may use
an
6automatic defibrillator or a semiautomatic defibrillator in rendering emergency care
7or treatment to an individual who appears to be in cardiac arrest if the person has
8received training in a course that is approved by the department under par. (d).
SB186, s. 3
9Section
3. 146.50 (8g) (c) (intro.) of the statutes is amended to read:
SB186,2,1110
146.50
(8g) (c) (intro.) A person who provides
an automatic defibrillator or a
11semiautomatic defibrillator for use under par. (b) shall do all of the following:
SB186, s. 4
12Section
4. 146.50 (8g) (c) 1. of the statutes is amended to read:
SB186,3,213
146.50
(8g) (c) 1. Provide written notification to the nearest emergency medical
14services program under s. 146.55 (2). The notification shall include information as
15to the type of the
automatic defibrillator or semiautomatic defibrillator, the location
1of the defibrillator on the premises of the person, the intended usage area for the
2defibrillator and the owner of the defibrillator.
SB186, s. 5
3Section
5. 146.50 (8g) (c) 2. of the statutes is amended to read:
SB186,3,64
146.50
(8g) (c) 2. Ensure that the
automatic defibrillator or semiautomatic
5defibrillator is maintained and tested in accordance with any operational guidelines
6of the manufacturer.
SB186, s. 6
7Section
6. 146.50 (8g) (d) of the statutes is amended to read:
SB186,3,118
146.50
(8g) (d) The department shall review training courses for the use of
an
9automatic defibrillator or a semiautomatic defibrillator under this subsection and
10may approve those training courses that satisfy standards for approval that are
11specified by the department.
SB186, s. 7
12Section
7. 895.48 (4) (a) (intro.) of the statutes is amended to read:
SB186,3,1813
895.48
(4) (a) (intro.) Any of the following who meets the applicable
14requirements of s. 146.50 (8g) and who acts within the applicable limitations of s.
15146.50 (8g) is immune from civil liability for the acts or omissions of a person in
16rendering in good faith emergency care by use of
an automatic defibrillator or a
17semiautomatic defibrillator under s. 146.50 (8g) to an individual who appears to be
18in cardiac arrest:
SB186, s. 8
19Section
8. 895.48 (4) (a) 2. of the statutes is amended to read:
SB186,3,2120
895.48
(4) (a) 2. The owner of the
automatic defibrillator or semiautomatic
21defibrillator, as specified in s. 146.50 (8g) (c).
SB186, s. 9
22Section
9. 895.48 (4) (a) 3. of the statutes is amended to read:
SB186,3,2423
895.48
(4) (a) 3. The person who provides the
automatic defibrillator or 24semiautomatic defibrillator for use, as specified in s. 146.50 (8g) (c).
SB186, s. 10
25Section
10. 895.48 (4) (b) 1. of the statutes is amended to read:
SB186,4,3
1895.48
(4) (b) 1. A person whose act or omission resulting from the use or the
2provision for use of the
automatic defibrillator or semiautomatic defibrillator
3constitutes gross negligence.