May 21, 2019
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       Florida Senate - 2010                                    SB 2008
       By Senator Fasano
       11-00712A-10                                          20102008__
    1                        A bill to be entitled                      
    2         An act relating to automated external defibrillators
    3         in assisted living facilities; amending s. 429.255,
    4         F.S.; requiring certain assisted living facilities to
    5         possess a functioning automated external
    6         defibrillator; providing for training in the use and
    7         maintenance of automated external defibrillators and
    8         location registration; providing immunity from
    9         liability under the Good Samaritan Act and the Cardiac
   10         Arrest Survival Act; requiring the Department of
   11         Health to adopt rules relating to the use of automated
   12         external defibrillators; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 429.255, Florida Statutes, is amended to
   17  read:
   18         429.255 Use of personnel; emergency care.—
   19         (1)(a) Persons under contract to the facility, facility
   20  staff, or volunteers, who are licensed according to part I of
   21  chapter 464, or those persons exempt under s. 464.022(1), and
   22  others as defined by rule, may administer medications to
   23  residents, take residents’ vital signs, manage individual weekly
   24  pill organizers for residents who self-administer medication,
   25  give prepackaged enemas ordered by a physician, observe
   26  residents, document observations on the appropriate resident’s
   27  record, report observations to the resident’s physician, and
   28  contract or allow residents or a resident’s representative,
   29  designee, surrogate, guardian, or attorney in fact to contract
   30  with a third party, provided residents meet the criteria for
   31  appropriate placement as defined in s. 429.26. Nursing
   32  assistants certified pursuant to part II of chapter 464 may take
   33  residents’ vital signs as directed by a licensed nurse or
   34  physician. Facility staff may use an automated external
   35  defibrillator only if the staff member has received the training
   36  required in subsection (4).
   37         (b) All staff in facilities licensed under this part shall
   38  exercise their professional responsibility to observe residents,
   39  to document observations on the appropriate resident’s record,
   40  and to report the observations to the resident’s physician.
   41  However, the owner or administrator of the facility shall be
   42  responsible for determining that the resident receiving services
   43  is appropriate for residence in the facility. The owner or
   44  administrator of an assisted living facility that has 17 or more
   45  beds shall establish requirements for the use of automated
   46  external defibrillators.
   47         (c) In an emergency situation, licensed personnel may carry
   48  out their professional duties pursuant to part I of chapter 464
   49  until emergency medical personnel assume responsibility for
   50  care.
   51         (2) In facilities licensed to provide extended congregate
   52  care, persons under contract to the facility, facility staff, or
   53  volunteers, who are licensed according to part I of chapter 464,
   54  or those persons exempt under s. 464.022(1), or those persons
   55  certified as nursing assistants pursuant to part II of chapter
   56  464, may also perform all duties within the scope of their
   57  license or certification, as approved by the facility
   58  administrator and pursuant to this part.
   59         (3)(a) An assisted living facility that has 17 or more beds
   60  licensed under this part shall have on the premises at all times
   61  a functioning automated external defibrillator as defined in s.
   62  768.1325(2)(b).
   63         (b) Facility staff shall be trained in accordance with s.
   64  401.2915.
   65         (c) The location of each automated external defibrillator
   66  shall be registered with the local emergency medical services
   67  medical director.
   68         (d) The use of automated external defibrillators by
   69  facility staff shall be covered under the provisions of ss.
   70  768.13 and 768.1325.
   71         (4)(3) Facility staff may withhold or withdraw
   72  cardiopulmonary resuscitation or the use of an automated
   73  external defibrillator if presented with an order not to
   74  resuscitate executed pursuant to s. 401.45. The department shall
   75  adopt rules providing for the implementation of such orders.
   76  Facility staff and facilities shall not be subject to criminal
   77  prosecution or civil liability, nor be considered to have
   78  engaged in negligent or unprofessional conduct, for withholding
   79  or withdrawing cardiopulmonary resuscitation or use of an
   80  automated external defibrillator pursuant to such an order and
   81  rules adopted by the department. The absence of an order to
   82  resuscitate executed pursuant to s. 401.45 does not preclude a
   83  physician from withholding or withdrawing cardiopulmonary
   84  resuscitation or use of an automated external defibrillator as
   85  otherwise permitted by law.
   86         (5) The Department of Health shall adopt rules to implement
   87  the provisions of this section relating to use of an automated
   88  external defibrillator.
   89         Section 2. This act shall take effect upon becoming a law.

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