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F I S C A L I M P A C T R E P O R T
SPONSOR Sandoval
ORIGINAL DATE
LAST UPDATED
02/16/07
03/03/07 HB 639/aHJC
SHORT TITLE
Cardiac Arrest Aid Liability
SB
ANALYST Hanika Ortiz
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Administrative Office of the Courts (AOC)
Department of Health (DOH)
NM Medical Board
Attorney General’s Office (AGO)
SUMMARY
Synopsis of HJC Amendment
The House Judiciary Committee Amendment addresses DOH concerns by clarifying definitions
as used in the Act; a “good Samaritan" is one who lacks automated external defibrillator training;
and, a “trained targeted responder" is a person who has had training in the emergency use of an
automated external defibrillator. The amendment further clarifies the authority of Section 24-
10C-5 to allow a person to acquire such a device as long as the conditions of Section 24-10C-4 in
the use of such are met for the protection of the public.
Synopsis of Original Bill
House Bill 639 amends Section 24-10C-1 to 24-10C-7 NMSA, the Cardiac Arrest Response Act,
to provide limited immunity from civil liability to a “good Samaritan", or a person who provides
emergency automated external defibrillator (AED) services to a person in apparent cardiac arrest,
provided that the good Samaritan acts in good faith as an ordinary prudent person in the same or
similar circumstances and acts without compensation.
pg_0002
House Bill 639/aHJC – Page
2
FISCAL IMPLICATIONS
No fiscal impact.
SIGNIFICANT ISSUES
DOH reports that good Samaritan legislation refers to statutes that provide immunity from claims
of negligence for providing emergency aid to others. Such laws are intended to reduce hesitation
to aid others because of liability concerns. All 50 states have good Samaritan laws related to
AEDs that vary in scope and conditions.
PERFORMANCE IMPLICATIONS
The AGO reports the bill requires a person acquiring an AED to ensure oversight of the AED
program by a physician medical director; the “trained first responder" using the AED must be
trained in its use; the AED must be maintained and tested; the person using the device must
activate the emergency response medical system as soon as possible and must report its use to
the physician medical director; and, the AED program must be registered with the DOH and
emergency medical services and 911 agencies must be notified of the AED program. It is unclear
whether the bill will grant immunity on a “good Samaritan" using an AED device if those
requirements are not met, or if they have not been trained in the operation of the device.
The AGO further reports that Section 24-10-3 NMSA currently provides “No person who comes
to the aid or rescue of another person by providing care or assistance in good faith at or near
the scene of an emergency, as defined in Section 24-10-4 NMSA 1978, shall be held liable for
any civil damages as a result of any action or omission by that person in providing that care or
assistance, except when liable for an act of gross negligence". The bill appears to modify that
provision with the use of an AED by a “good Samaritan" by also requiring compliance with the
Cardiac Arrest Response Act in order for that person to attain immunity from civil liability.
ADMINISTRATIVE IMPLICATIONS
The bill also changes the language of Section 24-10C-4(A), NMSA 1978, to remove “other
program requirements" from the language. This removal may limit the department’s
administration of the AED program.
TECHNICAL ISSUES
The bill adds “a good Samaritan" to the list of persons with limited immunity protections to
cover a person who lacks AED training but who has access to an AED and uses it in good faith
in an emergency. The proposed definition of “good Samaritan" in the bill includes no language
regarding a lack of AED training.
OTHER SUBSTANTIVE ISSUES
Automatic external defibrillators are becoming more prevalent – no longer just in hospitals, they
can now be found in airports, hotels, shopping malls and other public places.
pg_0003
House Bill 639/aHJC – Page
3
DOH reports that many communities continue to have poor survival rates for sudden cardiac
arrest because of long response times of emergency personnel and delays in delivering definitive
therapy with defibrillation.
In New Mexico, t
his can be expected to apply to remote rural
communities. The concept of public access to defibrillation has been promoted to expand the use
of an immediately available defibrillator for minimally trained first-responders such as police
officers, firefighters, security guards, and trained laypersons.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
A ‘good Samaritan’ will not be added to the list of persons covered by limited immunity
protections for providing emergency care with an AED
.
AMENDMENTS
DOH suggests the following amendments:
Page 2, line 17, after the word “who" insert “lacks automated external defibrillator training,
but who has access to an automated external defibrillator and".
Page 3, line 1, after “person" insert “trained in the use of an automated external defibrillator
under Emergency Cardiovascular Care (CCC) guidelines." Delete lines 2 and 3.
Page 4, line 14, replace the word “use" with the word “acquire".
AHO/csd