Bill Summary for Bill Number SB09-010

Date: 01/21/2009

Final
BILL SUMMARY for SB09-010

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View-->	Action Taken:
Adopt prepared amendment L.001. The motion failed Refer Senate Bill 09-010 to the Committee of the W	TIE PASS

10:41 AM -- Senate Bill 09-010

Senator Spence introduced Senate Bill 09-010, which concerns the use of automated external defibrillators (AEDs). She distributed amendment L.001 (Attachment E) to the committee. She stated that the bill deletes certain staffing and reporting requirements of a person or entity that acquires an AED. She noted that amendment L.001 addresses concerns related to the removal of that language.

10:45 AM -- Jennifer Nelson, American Heart Association, demonstrated the use of an AED. She described how AEDs work.

10:50 AM -- Erin Bertoli, American Heart Association, described statistics associated with sudden cardiac arrest. She stated that although all states have passed legislation related to immunity for the use AEDs, use of AEDs does not appear to be increasing. She stated that AEDs are life saving devices that should be widely available.

10:52 AM -- Natalie Brown, Colorado Trial Lawyers Association, testified in support of the bill as amendment by L.001 (Attachment E). Amendment L.001 specifies that the person or entity for the site where the AED is located shall receive immunity from liability only if they have complied with certain provisions regarding the testing and maintenance of the AED. She that AEDs should be widely available, but that the machines should be held to certain testing and maintenance requirements. She responded to questions from Senator Mitchell regarding the immunity protections provided by the statute. Senator Mitchell further questioned whether the amendment's provisions would discourage use of AEDs. Ms. Brown responded that when AEDs are more widely used, standards need to be in place regarding the maintenance of the devices.

11:01 AM -- Ms. Nelson returned to the table to respond to questions regarding the number of manufacturers of AEDs.

11:02 AM -- Senator Spence responded to questions from Senator Newell on lawsuits regarding the use of AEDs. Ms. Nelson further responded to questions from Senator Tochtrop regarding the use of AEDs. Senator Spence commented on the use of AEDs in schools. Senator Newell asked if the liability was greater for facilities that do not have AEDs than those who do.

11:08 AM

Senator Carroll moved amendment L.001 (Attachment E). Ms. Brown explained the provisions of amendment L.001, explaining that the amendment creates an exception to the immunity protections provided for the use of AEDs, stating that the immunity provisions granted to facilities and individuals will depend on their compliance with certain testing and maintenance activities. Senator Carroll responded to comments from Senator Mitchell regarding the language affected by the bill. Ms. Brown further clarified the language of the amendment. Senator Mitchell commented on the amendment stating his belief that immunity from liability should also be extended to the business or school that owns the AED in addition to the individual who uses the AED. Senator Schultheis commented on the amendment. He asked Senator Boyd to rule on whether the amendment fits under the title of the bill. Senator Boyd ruled that the amendment could be offered. Senator Mitchell asked that Senator Boyd reconsider her ruling, and Senator Boyd stated that her ruling would stand. Ms. Brown responded to questions from Senator Newell regarding the amendment.


BILL:	SB09-010
TIME:	11:14:21 AM
MOVED:	Carroll M.
MOTION:	Adopt prepared amendment L.001. The motion failed on a 4-4 roll call vote.
SECONDED:
		VOTE
	Carroll M.	Yes
	Lundberg	No
	Mitchell	No
	Morse	Yes
	Newell	No
	Schultheis	No
	Tochtrop	Yes
	Boyd	Yes

Not Final YES: 4 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	SB09-010
TIME:	11:20:52 AM
MOVED:	Boyd
MOTION:	Refer Senate Bill 09-010 to the Committee of the Whole. The motion passed on a 7-1 roll call vote.
SECONDED:
		VOTE
	Carroll M.	No
	Lundberg	Yes
	Mitchell	Yes
	Morse	Yes
	Newell	Yes
	Schultheis	Yes
	Tochtrop	Yes
	Boyd	Yes

Final YES: 7 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS