311.666 Definitions for KRS 311.665 to 311.669
As used in KRS 311.665 to 311.669, unless the context requires otherwise:
- "Automated external defibrillator" or "AED" means an external defibrillator capable of cardiac rhythm analysis which will charge and, with or without further operator action, deliver a shock after electronically detecting and assessing ventricular fibrillation or rapid ventricular tachycardia. These devices are known as fully or semiautomatic defibrillators;
- "Cardiopulmonary resuscitation" or "CPR" means a basic emergency procedure for life support, consisting of artificial respiration and manual external cardiac massage; and
- "Emergency medical services system" means the same as in KRS 311A.010.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 211, sec. 39, effective July 15, 2002. -- Created 2000 Ky. Acts ch. 16, sec. 2, effective July 14, 2000.
Legislative Research Commission Note (7/14/2000).??In codification, a reference in subsection (3) to "KRS 211.950" has been changed to "KRS 311.6521." See 2000 Ky. Acts ch. 343, sec. 1.
311.667 Requirements for person or entity acquiring an automated external
In order to ensure public health and safety:
- A person or entity who acquires an AED shall ensure that:
- Expected AED users receive American Heart Association or American Red Cross training in CPR and AED use, or an equivalent nationally recognized course in CPR and AED use;
- The AED is maintained and tested according to the manufacturer's operational guidelines;
- There is medical oversight of the AED program by a physician licensed in Kentucky to ensure compliance with requirements for training, maintenance, notification, and communication with the local emergency medical services system. The physician providing oversight shall also work with the AED site to establish protocols for AED deployment and conduct a review of each use of an AED; and
- Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED activates the local emergency medical services system as soon as possible and, if an entity with an AED program, reports any clinical use of the AED to the licensed physician.
- Any person or entity who acquires an AED shall notify an agent of the local emergency medical services system and the local emergency communications or vehicle dispatch center of the existence, location, and type of AED acquired.
Effective:July 14, 2000
History: Created 2000 Ky. Acts ch. 16, sec. 3, effective July 14, 2000.
311.668 Immunity from civil liability for user of automated external defibrillator -- Exemption from KRS 311.667 for Good Samaritan.
- Any person or entity who, in good faith and without compensation, renders emergency care or treatment by the use of an AED shall be immune from civil liability for any personal injury as a result of the care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment, where the person acts as an ordinary, reasonable prudent person would have acted under the same or similar circumstances.
- The immunity from civil liability for any personal injury under subsection
- of this section includes the licensed physician who is involved with AED site placement, the person or entity who provides the CPR and AED site placement, the person or entity who provides the CPR and AED training, and the person or entity responsible for the site where the AED is located.
- The immunity from civil liability under subsection (1) of this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care.
- The requirements of KRS 311.667 shall not apply to any individual using an AED in an emergency setting if that individual is acting as a Good Samaritan under KRS 313.035 and 411.148.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 85, sec. 21, effective July 15, 2010. --
Created 2000 Ky. Acts ch. 16, sec. 4, effective July 14, 2000.
311.669 Professionals to whom KRS 311.665 to 311.669 does not apply --
Licensing boards may require continuing education and training.
- The provisions of KRS 311.665 to 311.669 shall not apply to the use of an AED
- Physicians, podiatrists, or osteopaths licensed under KRS Chapter 311 or chiropractors licensed under KRS Chapter 312;
- Physician assistants as defined in KRS 311.550;
- Registered nurses, practical nurses, or advanced practice registered nurses licensed under KRS Chapter 314;
- Dentists licensed under KRS Chapter 313; or
- Paramedics licensed, or first responders or emergency medical technicians certified, under KRS Chapter 311A.
- Nothing in this section shall preclude the licensing boards referred to in subsection (1) of this section from requiring continuing education or training on the use of an AED.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 85, sec. 49, effective July 15, 2010. --
Amended 2002 Ky. Acts ch. 211, sec. 40, effective July 15, 2002; and ch. 320,
sec. 3, effective July 15, 2002. -- Created 2000 Ky. Acts ch. 16, sec. 5, effective
July 14, 2000.
Legislative Research Commission Note (7/15/2002). This section was amended by 2002 Ky. Acts chs. 211 and 320. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, under KRS 446.250, ch.320 would prevail as the Act last enacted by the General Assembly. However, ch. 320, sec. 4, provides: "Nothing in this Act shall be construed under KRS 7.123(4) as appearing to effect any substantive change in the statute law of Kentucky, and the actions contained within this Act shall not operate under KRS
446.250 or 446.260 to defeat any amendments in other Acts of this 2002 Regular Session of the Kentucky General Assembly to the statutes contained in this Act." Accordingly, where ch. 211, sec. 40, and ch. 320, sec. 3, are in conflict, ch. 211 prevails.