Colorado Good Samaritan Act for CPR and AED

Colorado Good Samaritan Act
for CPR and = AED

CRS =A713-21-108.1. = Persons=20 rendering emergency assistance through the use of automated external=20 defibrillators - limited immunity.

(1) The general assembly hereby declares = that it is=20 the intent of the general assembly to encourage the use of automated = external=20 defibrillators for the purpose of saving the lives of people in cardiac=20 arrest.

(2) As used in this section, unless the = context=20 otherwise requires:

(a) "AED" or "defibrillator" means an = automated=20 external defibrillator that:

(I) Has received approval of its = premarket=20 notification filed pursuant to
21 U.S.C. sec. 360 (k), from the = federal food=20 and drug administration;

(II) Is capable of recognizing the presence = or=20 absence of ventricular fibrillation or rapid ventricular tachycardia, = and is=20 capable of determining, without intervention by an operator, whether=20 defibrillation should be performed; and

(III) Upon determining that defibrillation should = be=20 performed, automatically charges and requests delivery of an electrical = impulse=20 to an individual's heart.

(b) "Licensed physician" means a physician = licensed=20 to practice medicine in this state.

(3)

(a) In order to ensure public health and = safety, a=20 person or entity who acquires an AED shall ensure that:

(I) Expected AED users receive = training in=20 cardiopulmonary resuscitation (CPR) and AED use through a course that = meets=20 nationally recognized standards and is approved by the department of = public=20 health and environment;

(II) The defibrillator is maintained and = tested=20 according to the manufacturer's operational guidelines and that written = records=20 are maintained of this maintenance and testing;

(III) There is involvement of a licensed = physician in the=20 program at the site of the AED to ensure compliance with requirements = for=20 training, notification, and maintenance;

(IV) There are written plans in place concerning = the=20 placement of AED's, training of personnel, pre-planned coordination with = the=20 emergency medical services system, medical oversight, AED maintenance,=20 identification of personnel authorized to use AED's, and reporting of = AED=20 utilization, which written plans have been reviewed and approved by a = licensed=20 physician;

(V) Any person who renders emergency care = or=20 treatment to a person in cardiac arrest by using an AED activates the = emergency=20 medical services system as soon as possible and reports any clinical use = of the=20 AED to the licensed physician affiliated with the program.

(b) Any person or = entity that=20 acquires an AED shall notify an agent of the applicable emergency = communications or vehicle dispatch center of the existence, location, = and type=20 of AED.

(4)

(a) Any person or entity whose primary = duties do not=20 include the provision of health care and who, in good faith and without=20 compensation, renders emergency care or treatment by the use of an AED = shall not=20 be liable for any civil damages for acts or omissions made in good faith = as a=20 result of such care or treatment or as a result of any act or failure to = act in=20 providing or arranging further medical treatment, unless the acts or = omissions=20 were grossly negligent or willful and wanton.

(b) The immunity provided in paragraph (a) = of this=20 subsection (4) extends to the licensed physician who is involved with = AED site=20 placement, the person or entity who provides the CPR and AED site = placement, and=20 the person or entity responsible for the site where the AED is = located.

(c) The immunity provided in this = subsection=20 (4) applies only if the requirements of subsection (3) of this section = are=20 met.

(5) The requirements of subsection (3) of = this section=20 shall not apply to any individual using an AED during a medical = emergency if=20 that individual is acting as a good samaritan under section = 13-21-108.

Source: L. 99:Entire section added, p. 349, =A7 1, = effective April=20 16.
L. 2005: (3)(a)(I) amended, p. 384, =A7 2, effective August = 8.

Editor's note: Subsection (3)(a)(I) was contained in a = 2005 act=20 that was passed without a safety clause. For further explanation=20 concerning the effective date, see page vii of this=20 volume.