Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA c. 421 is enacted to read:
AUTOMATED EXTERNAL DEFIBRILLATORS
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Automated external defibrillator" or "AED" means a medical device approved by the United States Food and Drug Administration that:
(1) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;
(2) Is capable of determining whether defibrillation should be performed on an individual;
(3) Upon determination that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart; and
(4) Upon action by an operator, delivers an appropriate electrical impulse to the individual's heart to perform defibrillation.
B. "Department" means the Department of Public Safety.
2. Prohibition. A person may not use an AED on another person unless the person using the AED:
A. Has successfully completed a course, approved by the American Red Cross, the American Heart Association or the department, in the use and operation of the AED; and
B. Has made a reasonable attempt to summon appropriate emergency services personnel when communication is possible.
This subsection does not apply to a person licensed under Title 32, chapter 2-B or to a health care practitioner, as defined in Title 24, section 2502, subsection 1-A, if the practitioner has received training in the use of an AED.
The department may provide periodic training bulletins and other information to persons owning and using an AED.
3. Duties. A person who owns or leases an AED shall:
A. Consult with a licensed physician for technical assistance in the selection and storage location of an AED, training of potential operators, protocols for use and use review;
B. Notify the Maine Emergency Medical Services within the department of:
(1) The existence, location and type of AED the person possesses; and
(2) The clinical use made of the AED; and
C. Maintain and test the AED in accordance with the applicable standards of the manufacturer and any other standards prescribed by the department.
4. Penalties. A person who violates any provision of this section commits a civil violation for which a civil forfeiture not exceeding $50 may be adjudged.
5. Effect on other law. This section is not intended to modify or limit and may not be interpreted as modifying or limiting the immunities provided under Title 14, section 164.
Effective September 21, 2001, unless otherwise indicated.
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