SENATE BILL 189

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Sue Wilson Beffort

AN ACT

RELATING TO HEALTH; LIMITING LIABILITY FOR A GOOD SAMARITAN WHO COMES TO THE AID OF A PERSON IN NEED OF DEFIBRILLATION; AMENDING A SECTION OF THE CARDIAC ARREST RESPONSE ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 24-10C-3 NMSA 1978 (being Laws 1999, Chapter 94, Section 3, as amended) is amended to read:

     "24-10C-3. DEFINITIONS.--As used in the Cardiac Arrest Response Act:

          A. "automated external defibrillator" means a medical device heart monitor and defibrillator that:

                (1) has received approval of its premarket modification filed pursuant to 21 U.S.C. 360(k), from the United States food and drug administration;

                (2) is capable of recognizing cardiac arrest that will respond to defibrillation, ventricular fibrillation or rapid ventricular tachycardia, and is capable of determining whether defibrillation should be performed; and

                (3) upon determining that defibrillation should be performed, automatically charges and is capable of delivering an electrical impulse to an individual's heart;

          B. "automated external defibrillator program" means a program of trained targeted responders registered with the department and operating under the supervision of a physician medical director;

          C. "defibrillation" means the administration of a controlled electrical charge to the heart to restore a viable cardiac rhythm;

          D. "department" means the department of health;

          E. "good Samaritan" means a person who lacks automated external defibrillator training but who has access to an automated external defibrillator and provides emergency automated external defibrillator services to a person in [apparent cardiac arrest] need of defibrillation, provided that the good Samaritan:

                (1) acts [in good faith as an ordinary prudent person would have in the same or similar circumstances] without gross negligence that is the proximate cause of injury or death; and

                (2) acts without compensation;

          F. "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or any legal or commercial entity;

          [F.] G. "physician" means a doctor of medicine or doctor of osteopathy who is licensed or otherwise authorized to practice medicine or osteopathic medicine in New Mexico; and

          [G.] H. "trained targeted responder" means a person trained in the use of an automated external defibrillator under emergency cardiac care guidelines."

     SECTION 2. Section 24-10C-7 NMSA 1978 (being Laws 1999, Chapter 94, Section 7, as amended) is amended to read:

     "24-10C-7. LIMITED [IMMUNITY] LIABILITY PROTECTIONS.--The following persons who render emergency care or treatment by the use of an automated external defibrillator pursuant to the provisions of the Cardiac Arrest Response Act shall not be subject to civil liability, provided that they have acted [with reasonable care] without gross negligence that is the proximate cause of injury or death and in compliance with the requirements of that act:

          A. a physician who provides supervisory services pursuant to the Cardiac Arrest Response Act;

          B. a person [who] that provides training in cardiopulmonary resuscitation and use of automated external defibrillation;

          C. a person [who] that acquires, provides or makes available to the public an automated external defibrillator pursuant to the Cardiac Arrest Response Act;

          D. the owner, manager or operator of the property or facility where the automated external defibrillator is located;

          E. a person that authorizes, directs or supervises the installation or placement of an automated external defibrillator;

          [E.] F. the trained targeted responder; and

          [F.] G. a good Samaritan."

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