Missouri Revised Statutes
Chapter 190
Emergency Services
←190.091
Section 190.092.1
190.094→
August 28, 2015
Defibrillators, use authorized when, conditions, notice--good faith immunity from civil liability, when.
190.092. 1. This section shall be known and may be cited as the
"Public Access to Automated External Defibrillator Act".
2. A person or entity who acquires an automated external
defibrillator shall ensure that:
(1) Expected defibrillator users receive training by the American Red
Cross or American Heart Association in cardiopulmonary resuscitation and
the use of automated external defibrillators, or an equivalent nationally
recognized course in defibrillator use and cardiopulmonary resuscitation;
(2) The defibrillator is maintained and tested according to the
manufacturer's operational guidelines;
(3) Any person who renders emergency care or treatment on a person in
cardiac arrest by using an automated external defibrillator activates the
emergency medical services system as soon as possible; and
(4) Any person or entity that owns an automated external
defibrillator that is for use outside of a health care facility shall have
a physician review and approve the clinical protocol for the use of the
defibrillator, review and advise regarding the training and skill
maintenance of the intended users of the defibrillator and assure proper
review of all situations when the defibrillator is used to render emergency
care.
3. Any person or entity who acquires an automated external
defibrillator shall notify the emergency communications district or the
ambulance dispatch center of the primary provider of emergency medical
services where the automated external defibrillator is to be located.
4. Any person who gratuitously and in good faith renders emergency
care by use of or provision of an automated external defibrillator shall
not be held liable for any civil damages as a result of such care or
treatment, unless the person acts in a willful and wanton or reckless
manner in providing the care, advice, or assistance. The person or entity
who provides appropriate training to the person using an automated external
defibrillator, the person or entity responsible for the site where the
automated external defibrillator is located, the person or entity that owns
the automated external defibrillator, the person or entity that provided
clinical protocol for automated external defibrillator sites or programs,
and the licensed physician who reviews and approves the clinical protocol
shall likewise not be held liable for civil damages resulting from the use
of an automated external defibrillator. Nothing in this section shall
affect any claims brought pursuant to chapter 537 or 538.
5. All basic life support ambulances and stretcher vans operated in
the state of Missouri shall be equipped with an automated external
defibrillator and be staffed by at least one individual trained in the use
of an automated external defibrillator.
6. The provisions of this section shall apply in all counties within
the state and any city not within a county.
(L. 1998 H.B. 1668 § 190.375, A.L. 2002 S.B. 1107, A.L. 2004 H.B.
1195, A.L. 2009 H.B. 103, A.L. 2010 H.B. 1977)
2009
2004
2002
1998
2009
190.092. 1. This section shall be known and may be cited as the
"Public Access to Automated External Defibrillator Act".
2. A person or entity who acquires an automated external
defibrillator shall ensure that:
(1) Expected defibrillator users receive training by the American Red
Cross or American Heart Association in cardiopulmonary resuscitation and
the use of automated external defibrillators, or an equivalent nationally
recognized course in defibrillator use and cardiopulmonary resuscitation;
(2) The defibrillator is maintained and tested according to the
manufacturer's operational guidelines;
(3) Any person who renders emergency care or treatment on a person in
cardiac arrest by using an automated external defibrillator activates the
emergency medical services system as soon as possible; and
(4) Any person or entity that owns an automated external
defibrillator that is for use outside of a health care facility shall have
a physician review and approve the clinical protocol for the use of the
defibrillator, review and advise regarding the training and skill
maintenance of the intended users of the defibrillator and assure proper
review of all situations when the defibrillator is used to render emergency
care.
3. Any person or entity who acquires an automated external
defibrillator shall notify the emergency communications district or the
ambulance dispatch center of the primary provider of emergency medical
services where the automated external defibrillator is to be located.
4. Any person who gratuitously and in good faith renders emergency
care by use of or provision of an automated external defibrillator shall
not be held liable for any civil damages as a result of such care or
treatment, unless the person acts in a willful and wanton or reckless
manner in providing the care, advice, or assistance. The person or entity
who provides appropriate training to the person using an automated external
defibrillator, the person or entity responsible for the site where the
automated external defibrillator is located, the person or entity that owns
the automated external defibrillator, the person or entity that provided
clinical protocol for automated external defibrillator sites or programs,
and the licensed physician who reviews and approves the clinical protocol
shall likewise not be held liable for civil damages resulting from the use
of an automated external defibrillator. Nothing in this section shall
affect any claims brought pursuant to chapter 537 or 538, RSMo.
5. The provisions of this section shall apply in all counties within
the state and any city not within a county.
2004
190.092. 1. A person or entity who acquires an automated external
defibrillator shall ensure that:
(1) Expected defibrillator users receive training by the American Red
Cross or American Heart Association in cardiopulmonary resuscitation and
the use of automated external defibrillators, or an equivalent nationally
recognized course in defibrillator use and cardiopulmonary resuscitation;
(2) The defibrillator is maintained and tested according to the
manufacturer's operational guidelines;
(3) Any person who renders emergency care or treatment on a person in
cardiac arrest by using an automated external defibrillator activates the
emergency medical services system as soon as possible; and
(4) Any person or entity that owns an automated external
defibrillator that is for use outside of a health care facility shall have
a physician review and approve the clinical protocol for the use of the
defibrillator, review and advise regarding the training and skill
maintenance of the intended users of the defibrillator and assure proper
review of all situations when the defibrillator is used to render emergency
care.
2. Any person or entity who acquires an automated external
defibrillator shall notify the emergency communications district or the
ambulance dispatch center of the primary provider of emergency medical
services where the automated external defibrillator is to be located.
3. Any person who has had appropriate training, including a course in
cardiopulmonary resuscitation, has demonstrated a proficiency in the use of
an automated external defibrillator, and who gratuitously and in good faith
renders emergency care when medically appropriate by use of or provision of
an automated external defibrillator, without objection of the injured
victim or victims thereof, shall not be held liable for any civil damages
as a result of such care or treatment, where the person acts as an
ordinarily reasonable, prudent person would have acted under the same or
similar circumstances. The person or entity who provides appropriate
training to the person using an automated external defibrillator, the
person or entity responsible for the site where the automated external
defibrillator is located, and the licensed physician who reviews and
approves the clinical protocol shall likewise not be held liable for civil
damages resulting from the use of an automated external defibrillator,
provided that all other requirements of this section have been met.
Nothing in this section shall affect any claims brought pursuant to chapter
537 or 538, RSMo.
4. The provisions of this section shall apply in all counties within
the state and any city not within a county.
2002
190.092. 1. A person or entity who acquires an automated external
defibrillator shall ensure that:
(1) Expected defibrillator users receive training by the American Red
Cross or American Heart Association in cardiopulmonary resuscitation and
the use of automated external defibrillators, or an equivalent nationally
recognized course in defibrillator use and cardiopulmonary resuscitation;
(2) The defibrillator is maintained and tested according to the
manufacturer's operational guidelines;
(3) Any person who renders emergency care or treatment on a person in
cardiac arrest by using an automated external defibrillator activates the
emergency medical services system as soon as possible; and
(4) Any person or entity that owns an automated external
defibrillator that is for use outside of a health care facility shall have
a physician review and approve the clinical protocol for the use of the
defibrillator, review and advise regarding the training and skill
maintenance of the intended users of the defibrillator and assure proper
review of all situations when the defibrillator is used to render emergency
care.
2. Any person or entity who acquires an automated external
defibrillator shall notify the emergency communications district or the
ambulance dispatch center of the primary provider of emergency medical
services where the automated external defibrillator is to be located.
3. Any person who has had appropriate training, including a course in
cardiopulmonary resuscitation, has demonstrated a proficiency in the use of
an automated external defibrillator, and who gratuitously and in good faith
renders emergency care when medically appropriate by use of or provision of
an automated external defibrillator, without objection of the injured
victim or victims thereof, shall not be held liable for any civil damages
as a result of such care or treatment, where the person acts as an
ordinarily reasonable, prudent person, or with regard to a health care
professional, including the licensed physician who reviews and approves the
clinical protocol, as a reasonably prudent and careful health care provider
would have acted, under the same or similar circumstances. Nothing in this
section shall affect any claims brought pursuant to chapter 537 or 538,
RSMo.
1998
190.092. 1. For purposes of this section, "first responder" shall be
defined as a person who has successfully completed an emergency first
response course meeting or exceeding the national curriculum of the United
States Department of Transportation and any modifications to such curricula
specified by the department through rules adopted pursuant to sections
190.001 to 190.180 and who provides emergency medical care through
employment by, or in association with, an emergency medical response
agency. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is promulgated under the authority of this chapter,
shall become effective only if the agency has fully complied with all of
the requirements of chapter 536, RSMo, including but not limited to,
section 536.028, RSMo, if applicable, after August 28, 1998. All
rulemaking authority delegated prior to August 28, 1998, is of no force and
effect and repealed as of August 28, 1998, however nothing in this section*
shall be interpreted to repeal or affect the validity of any rule adopted
and promulgated prior to August 28, 1998. If the provisions of section
536.028, RSMo, apply, the provisions of this section are nonseverable and
if any of the powers vested with the general assembly pursuant to section
536.028, RSMo, to review, to delay the effective date, or to disapprove and
annul a rule or portion of a rule are held unconstitutional or invalid, the
purported grant of rulemaking authority and any rule so proposed and
contained in the order of rulemaking shall be invalid and void, except that
nothing in this section* shall affect the validity of any rule adopted and
promulgated prior to August 28, 1998.
2. Any county, municipality or fire protection district may establish
a program to allow the use of automated external defibrillators by any
person properly qualified who follows medical protocol for use of the
device or member of a fire, police, ambulance service, emergency medical
response agency or first responder agency provided that such person has
completed a course certified by the American Red Cross or American Heart
Association that includes cardiopulmonary resuscitation training and
demonstrated proficiency in the use of such automated external
defibrillators.
3. A person or entity who acquires an automated external
defibrillator shall ensure that:
(1) Expected defibrillator users receive training by the American Red
Cross or American Heart Association in cardiopulmonary resuscitation and
the use of automated external defibrillators, or an equivalent nationally
recognized course in defibrillator use and cardiopulmonary resuscitation;
(2) The defibrillator is maintained and tested according to the
manufacturer's operational guidelines;
(3) Any person who renders emergency care or treatment on a person in
cardiac arrest by using an automated external defibrillator activates the
emergency medical services system as soon as possible; and
(4) Any person that owns an automated external defibrillator that is
for use outside of a health care facility shall have a physician provide
medical protocol for the use of the device.
4. Any person or entity who acquires an automated external
defibrillator shall notify the emergency communications district or the
ambulance dispatch center of the primary provider of emergency medical
services where the automated external defibrillator is to be located.
5. Any person who has had appropriate training, including a course in
cardiopulmonary resuscitation, has demonstrated a proficiency in the use of
an automated external defibrillator, and who gratuitously and in good faith
renders emergency care when medically appropriate by use of or provision of
an automated external defibrillator, without objection of the injured
victim or victims thereof, shall not be held liable for any civil damages
as a result of such care or treatment, where the person acts as an
ordinarily reasonable, prudent person, or with regard to a health care
professional, as a reasonably prudent and careful health care provider
would have acted, under the same or similar circumstances. Nothing in this
section shall affect any claims brought pursuant to chapter 537 or 538,
RSMo.
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