An Act To Require Automated External Defibrillators in Extracurricular Activities in Kindergarten to Grade 12
Maine Legislature, Session 123, LD 1785
Committee Amendment CA_A_H311 (House)
Amends: 20-A MRSA §6304, 22 MRSA §21

( 
COMMITTEE AMENDMENT "A " 
to H.P. 1247, L.D. 1785, Bill, "An Act To 
Require Automated External Defibrillators in Extracurricular Activities in Kindergarten 
to Grade 12" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Permit Automated External Defibrillators in Kindergarten to 
Grade 12 Schools' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 20-A MRSA §6304 is enacted to read: 
§6304. Automated external defibrillators and cardiopulmonary resuscitation 
School boards may place automated external defibrillators in occupied school 
buildings and at school athletic events. School personnel and members of the public may 
receive training on how to perform cardiopulmonary resuscitation and use automated 
external defibrillators in order to acquire the skills and confidence to respond to 
emergencies. 
Sec. 2. 22 MRSA §21S0-C, as enacted by PL 2001, c. 364, § 1, is repealed and the 
following enacted in its place: 
§21S0-C. Automated external defibrillators; immunity from civil liability 
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 that 
combines a heart monitor and a defibrillator approved by the United States Food and 
Drug Administration that: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P.1247, L.D.1785 
(1) Is capable of recognizing the presence or absence of ventricular fibrillation or 
rapid ventricular tachycardia; 
(2) Is capable of determining, without intervention by an opetator, whether 
defibrillation should be perfonned on an individual; and 
(3) Upon detennination that defibrillation should be perfonned, automatically 
charges and requests delivery of an electrical impulse to an individual's heart. 
6. Immunity. The following persons and entities are immune from civil liability for 
damages relating to the use, possession or purchase of an AED and arising out of acts or 
omissions relating to preparing for and responding to suspected sudden cardiac arrest 
emergencies absent gross negligence or willful or wanton misconduct: 
A. Any person or entity that acquires an AED; 
B. Any person or entity that owns, manages or is otherwise responsible for the 
premises on which an AED is located; 
C. Any person who retrieves an AED in response to a perceived sudden cardiac 
arrest emergency; 
D. Any person who uses, attempts to use or fails to use an AED in response to a 
perceived sudden cardiac arrest emergency; 
E. 
Any physician or other authorized person who issues a prescription for the 
purchase of an AED; 
F. Any person or entity that is involved with the design, management or operation of 
an AED program; and 
G. Any person or entity that provides instruction in the use of an AED.' 
SUMMARY 
This amendment revises the title of the bill and strikes and replaces the provisions in 
the bill that proposed to mandate that school administrative units place automated 
external defibrillators in every school building and at school athletic events. 
The 
amendment allows school boards to place automated external defibrillators in occupied 
school buildings and at school athletic events. 
The amendment also allows school 
personnel and members of the public to receive training on how to perfonn 
cardiopulmonary resuscitation and use automated external defibrillators. The amendment 
further establishes immunity from civil liability provisions for damages relating to the 
use, possession or purchase of an automated external defibrillator and arising out of acts 
or omissions relating to preparing for and responding to suspected sudden cardiac arrest 
emergencies. 
COMMITTEE AMENDMENT