Florida Senate - 2010 CS for CS for SB 2008 By the Committees on Children, Families, and Elder Affairs; and Health Regulation; and Senator Fasano 586-03771-10 20102008c2 CODING: Words stricken are deletions; words underlined are additions.
1 A bill to be entitled 2 An act relating to automated external defibrillators 3 in assisted living facilities; amending s. 429.255, 4 F.S.; requiring certain assisted living facilities to 5 possess a functioning automated external 6 defibrillator; encouraging an assisted living facility 7 to register the location of the automated external 8 defibrillator with a local emergency medical services 9 medical director; providing immunity from liability 10 under the Good Samaritan Act and the Cardiac Arrest 11 Survival Act; authorizing the Department of Elderly 12 Affairs to adopt rules relating to the use of 13 automated external defibrillators; providing an 14 effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Present subsection (3) of section 429.255, 19 Florida Statutes, is renumbered as subsection (4) and amended, 20 and new subsections (3) and (5) are added to that section, to 21 read: 22 429.255 Use of personnel; emergency care.— 23 (3)(a) An assisted living facility licensed under this part 24 which has 17 or more beds shall have on the premises at all 25 times a functioning automated external defibrillator as defined 26 in s. 768.1325(2)(b). 27 (b) The facility is encouraged to register the location of 28 each automated external defibrillator with a local emergency 29 medical services medical director. 30 (c) The provisions of ss. 768.13 and 768.1325 apply to 31 automated external defibrillators within the facility. 32 (4)(3) Facility staff may withhold or withdraw 33 cardiopulmonary resuscitation or the use of an automated 34 external defibrillator if presented with an order not to 35 resuscitate executed pursuant to s. 401.45. The department shall 36 adopt rules providing for the implementation of such orders. 37 Facility staff and facilities shall not be subject to criminal 38 prosecution or civil liability, nor be considered to have 39 engaged in negligent or unprofessional conduct, for withholding 40 or withdrawing cardiopulmonary resuscitation or use of an 41 automated external defibrillator pursuant to such an order and 42 rules adopted by the department. The absence of an order to 43 resuscitate executed pursuant to s. 401.45 does not preclude a 44 physician from withholding or withdrawing cardiopulmonary 45 resuscitation or use of an automated external defibrillator as 46 otherwise permitted by law. 47 (5) The Department of Elderly Affairs may adopt rules to 48 implement the provisions of this section relating to use of an 49 automated external defibrillator. 50 Section 2. This act shall take effect July 1, 2011.