Iowa

2. The following persons or entities, while acting reasonably and in good faith, who render emergency care or assistance relating to the preparation for and response to a sudden cardiac arrest emergency, shall not be liable for any civil damages for acts or omissions arising out of the use of an automated external defibrillator, whether occurring at the place of an emergency or accident or while such persons are in transit to or from the emergency or accident or while such persons are at or being moved to or from an emergency shelter:

a. A person or entity that acquires an automated external defibrillator.

b. A person or entity that owns, manages, or is otherwise responsible for the premises on which an automated external defibrillator is located if the person or entity maintains the automated external defibrillator in a condition for immediate and effective use at all times, subject to standards developed by the department of public health by rule.

c. A person who retrieves an automated external defibrillator in response to a perceived sudden cardiac arrest emergency.

d. A person who uses, attempts to use, or fails to use an automated external defibrillator in response to a perceived sudden cardiac arrest emergency.

e. A person or entity that provides instruction in the use of an automated external defibrillator.

Any person who damages, wrongfully takes or withholds, or removes any component of automated external defibrillator equipment located in a public or privately owned location, including batteries installed to operate the equipment, is guilty of a serious misdemeanor.

These rules establish standards for the maintenance of automated external defibrillators for a person or entity that owns, manages or is otherwise responsible for the premises on which an automated external defibrillator is located if the person or entity maintains the automated external defibrillator in accordance with Iowa Code section 613.17.

For the purposes of these rules, the following definition shall apply:

“Automated external defibrillator” or “AED” means an external semiautomatic device that determines whether defibrillation is required.

The person or entity maintaining the AED shall:

143.3 (1) Ensure that the AED is maintained and inspected in accordance with the manufacturer’s guidelines.

143.3 (2) Maintain records of all maintenance and inspections of the AED for the usable life of the device.

143.3 (3) Ensure that the AED is programmed to conform to nationally accepted guidelines for treatment of cardiac arrest patients.

These rules are intended to implement Iowa Code section 613.17.

139.6 (147A) – A recognized Iowa law enforcement agency that desires to allow its peace officers to use an AED may register with the department to provide AED coverage. The purpose of this rule is to allow law enforcement agencies to train their peace officers in the use of the automated external defibrillator and to provide AED coverage when appropriately trained personnel are available. This rule is intended to enhance and supplement the local EMS system with nontraditional early defibrillation agencies.

139.6(1) Training requirements. Law enforcement personnel wishing to provide AED coverage as part of an Iowa law enforcement agency shall have current course completion in:

a. Adult CPR, including one rescuer CPR, foreign body airway obstruction, rescue breathing, recovery position, and activating the EMS system; and

b. A nationally recognized AED course approved by the department.

139.6(2) Iowa law enforcement AED service program—registration, guidelines, and standards. An Iowa law enforcement agency may register with the department to provide AED coverage. Iowa law enforcement AED service programs seeking registration with the department shall:

a. Complete the department’s AED service program registration form.

b. Provide an AED liaison who shall be responsible for supervision of the AED service program.

c. Implement a policy for periodic maintenance of the AED.

d. Ensure that the service program’s AED providers maintain AED and CPR skill competency.

e. Identify which authorized Iowa ambulance service program(s) will provide patient transportation.

f. Reregister with the department every five years.

139.6(3) Complaints and investigations shall be conducted as with any complaint received against an EMS service program, applying rule 641 IAC 132.10(147A).

A BILL FOR

1 An Act requiring automated external defibrillators in all

2 physical exercise clubs and clinical exercise centers, and

3 providing an effective date.

4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

5 TLSB 1599SV 83

6 ak/sc/5

1 1 Section 1. NEW SECTION. 135.26A CARDIAC AUTOMATED

1 2 EXTERNAL DEFIBRILLATORS == CLINICAL EXERCISE CENTERS.

1 3 1. As used in this section:

1 4 a. “Automated external defibrillator” means a portable

1 5 device used to restore normal rhythm to a person in cardiac

1 6 arrest by analyzing the person’s heart rhythm and determining

1 7 whether a shock is needed to restore a normal heartbeat.

1 8 b. “Clinical exercise center” means an entity primarily

1 9 engaged in physical rehabilitation activities related to an

1 10 individual’s injury or disease.

1 11 2. A clinical exercise center shall locate in every

1 12 facility at least one automated external defibrillator that is

1 13 accessible during business hours and special events. The

1 14 clinical exercise center is responsible for the care and

1 15 maintenance of the automated external defibrillator including

1 16 but not limited to periodic service checks and battery

1 17 replacement.

1 18 3. A clinical exercise center shall have written emergency

1 19 policies and procedures that are provided to, reviewed by, and

1 20 practiced annually by employees. A clinical exercise center

1 21 shall have at least one employee on duty during business hours

1 22 who is trained in basic cardiopulmonary resuscitation and the

1 23 use of an automated external defibrillator.

1 24 Sec. 2. NEW SECTION. 552.15 CARDIAC AUTOMATED EXTERNAL

1 25 DEFIBRILLATORS.

1 26 1. As used in this section, “automated external

1 27 defibrillator” means a portable device used to restore normal

1 28 rhythm to a person in cardiac arrest by analyzing the person’s

1 29 heart rhythm and determining whether a shock is needed to

1 30 restore a normal heartbeat.

1 31 2. A physical exercise club shall locate in every facility

1 32 at least one automated external defibrillator that is

1 33 accessible during business hours and special events. The

1 34 physical exercise club is responsible for the care and

1 35 maintenance of the automated external defibrillator including

2 1 but not limited to periodic service checks and battery

2 2 replacement.

2 3 3. A physical exercise club shall have written emergency

2 4 policies and procedures that are provided to, reviewed by, and

2 5 practiced annually by employees. A physical exercise club

2 6 shall have at least one employee on duty during regularly

2 7 staffed business hours who is trained in basic cardiopulmonary

2 8 resuscitation and the use of an automated external

2 9 defibrillator.

2 10 Sec. 3. Section 552.22, Code 2009, is amended to read as

2 11 follows:

2 12 552.22 APPLICABILITY.

2 13 This The provisions of this chapter applies that apply to

2 14 physical exercise club contracts apply to all physical

2 15 exercise club contracts entered into in this state on or after

2 16 July 1, 1988, concerning physical exercise club facilities

2 17 located, or services to be provided, in this state.

2 18 Sec. 4. EFFECTIVE DATE. This Act takes effect July 1,

2 19 2010.

2 20 SF 443

2 21 ak/sc/jh/26