Oklahoma § 76-5A - Emergency use of automated defibrillator - Immunity from

§ 76-5A. Emergency use of automated defibrillator - Immunity from

civil liability.

A. 1. Any person who, in good faith and without expectation of

compensation, renders emergency care or treatment outside of a

medical facility by the use of an automated external defibrillator

shall be immune from civil liability for personal injury which

results from the use of the device, except for acts of gross

negligence or willful or wanton misconduct in the use of such

device.

Oklahoma Statutes - Title 76. Torts

2. Course directors and trainers who have completed the

training required by the State Department of Health for teaching

courses in the use of automated external defibrillators and

cardiopulmonary resuscitation shall be immune from civil liability

for personal injury which results from the use of the device, except

for acts of gross negligence or willful or wanton misconduct in the

teaching of such training courses.

B. A prescribing physician who, in good faith and without

expectation of compensation, writes a prescription for the use of an

automated external defibrillator to render emergency care or

treatment shall be immune from civil liability for personal injury

which results from the use of the device, except for acts of gross

negligence or willful or wanton misconduct in the prescribing of the

device.

C. An entity or individual who owns, leases, possesses, or

otherwise controls an automated external defibrillator shall be

immune from civil liability for personal injury which results from

the use of the device, except for acts of gross negligence or

willful or wanton misconduct.

D. An entity or individual who owns, leases, possesses or

otherwise controls an automated external defibrillator shall

communicate to the proper first responder the locations and

placements of the automated external defibrillator owned, leased,

possessed or otherwise controlled by the entity or individual.

E. For purposes of this section:

1. “Automated external defibrillator” means a medical device

consisting of a heart monitor and defibrillator which:

a.

has received approval of its premarket notification,

filed pursuant to 21 U.S.C., Section 360(k), from the

United States Food and Drug Administration,

b.

is capable of recognizing the presence or absence of

ventricular fibrillation or rapid ventricular

tachycardia, and is capable of determining, without

intervention by an operator, whether defibrillation

should be performed, and

c.

upon determining that defibrillation should be

performed, automatically charges and requests delivery

of an electrical impulse to an individual’s heart;

2. “Entity” means public and private organizations including,

but not limited to, the State of Oklahoma and its agencies and

political subdivisions, a proprietorship, partnership, limited

liability company, corporation, or other legal entity, whether or

not operated for profit;

3. “First responder” means an individual certified by the State

Department of Health to perform emergency medical services in

accordance with the Oklahoma Emergency Response Systems Development

Oklahoma Statutes - Title 76. Torts

Act and in accordance with the rules and standards promulgated by

the State Board of Health; and

4. “Prescribing physician” means a person licensed to practice

medicine in the state pursuant to Chapters 11 and 14 of Title 59 of

the Oklahoma Statutes.

Added by Laws 1999, c. 111, § 1, eff. Nov. 1, 1999. Amended by Laws

2004, c. 127, § 1, eff. Nov. 1, 2004; Laws 2009, c. 70, § 1, eff.

Nov. 1, 2009.