| Statute |
Abstract |
| Colorado Revised Statutes - 13-21-108.1. |
Persons rendering emergency assistance through the use of automated external defibrillators -- limited immunity.
(1) The general assembly hereby declares that it is the intent of the general assembly to encourage the use of automated external defibrillators for the purpose of saving the lives of people in cardiac arrest.
(2) As used in this section, unless the context otherwise requires:
(a) AED or defibrillator means an automated external defibrillator that:
(I) Has received approval of its premarket notification filed pursuant to 21 U.S.C. sec. 360(k), from the federal food and drug administration;
(II) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and
(III) Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual’s heart.
(b) Licensed physician means a physician licensed to practice medicine in this state.
(3)(a) In order to ensure public health and safety, a person or entity who acquires an AED shall ensure that:
(I) Expected AED users receive training in cardiopulmonary resuscitation (CPR) and AED use through a course that meets nationally recognized standards and is approved by the department of public health and environment;
(II) The defibrillator is maintained and tested according to the manufacturer’s operational guidelines and that written records are maintained of this maintenance and testing;
(III) (Deleted by amendment, L. 2009, (SB 09-010), ch. 52, p. 186, § 1, effective March 25, 2009.)
(IV) Written plans are in place concerning the placement of AEDs, training of personnel, pre-planned coordination with the emergency medical services system, medical oversight, AED maintenance, identification of personnel authorized to use AEDs, and reporting of AED utilization, which written plans have been reviewed and approved by a licensed physician; and
(V) Any person who renders emergency care or treatment to a person in cardiac arrest by using an AED activates the emergency medical services system as soon as possible.
(b) Any person or entity that acquires an AED shall notify an agent of the applicable emergency communications or vehicle dispatch center of the existence, location, and type of AED.
(4)(a) Any person or entity whose primary duties do not include the provision of health care and who, in good faith and without compensation, renders emergency care or treatment by the use of an AED shall not be liable for any civil damages for acts or omissions made in good faith as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment, unless the acts or omissions were grossly negligent or willful and wanton.
(b) The limited immunity provided in paragraph (a) of this subsection (4) extends to:
(I) The licensed physician who reviewed and approved the written plans described in subparagraph (IV) of paragraph (a) of subsection (3) of this section;
(II) The person or entity who provides the CPR and AED site placement;
(III) Any person or entity that provides teaching or training programs for CPR to the site at which the AED is placed, which programs include training in the use of an AED; and
(IV) The person or entity responsible for the site where the AED is located.
(c) The limited immunity provided in this subsection (4) applies regardless of whether the requirements of subsection (3) of this section are met; except that the person or entity responsible for the site where the AED is located shall receive the limited immunity only if the requirements of subparagraph (II) of paragraph (a) of subsection (3) of this section are met.
(5) The requirements of subsection (3) of this section shall not apply to any individual using an AED during a medical emergency if that individual is acting as a good samaritan under section 13-21-108.
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| Colorado Revised Statutes - 22-1-125. |
Automated external defibrillators in public schools.
(1) The general assembly hereby declares that it is the intent of the general assembly to encourage school districts to acquire and maintain automated external defibrillators on public school grounds. The general assembly finds that it is in the best interest of students, staff, and visitors to a public school to ensure that automated external defibrillators are available in public schools for use in emergency situations.
(2) As used in this section, unless the context otherwise requires, automated external defibrillator shall have the same definition as provided in section 13-21-108.1(2)(a), C.R.S.
(3)(a) Each school district is encouraged to acquire an automated external defibrillator for placement in each public school of the school district and in each athletic facility maintained by the school district at a location separate from a public school.
(b) A school district shall accept a donation of an automated external defibrillator that meets standards established by the federal food and drug administration and is in compliance with the manufacturers maintenance schedule. A school district shall also accept gifts, grants, and donations, including in-kind donations, designated for obtaining an automated external defibrillator, and for inspection, maintenance, and training in the use of an automated external defibrillator as required in subsection (5) of this section.
(c) Any automated external defibrillator acquired by a school district shall be appropriate for use on children and adults.
(4) Use of an automated external defibrillator donated to or purchased by a school district is limited to school property and school events.
(5) To ensure public health and safety, a school district that acquires an automated external defibrillator shall meet the requirements set forth in section 13-21-108.1(3), C.R.S., and shall reference the requirements of that section in the school district’s safety, readiness, and incident management plan pursuant to section 22-32-109.1(4)(d).
(6) Pursuant to section 13-21-108.1(4), C.R.S., a person or entity whose primary duties do not include the provision of health care and who, in good faith and without compensation, renders emergency care or treatment by the use of an automated external defibrillator shall not be liable for any civil damages for acts or omissions made in good faith as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment, unless the acts or omissions are grossly negligent or willful and wanton.
(7) The requirements of subsection (5) of this section shall not apply to an individual using an automated external defibrillator during a medical emergency if that individual is acting as a good samaritan under section 13-21-108, C.R.S. |
| Colorado Revised Statutes - 22-1-125.5. |
Requirement for certification of public school athletic coaches in cardiopulmonary resuscitation -- use of automated external defibrillators -- definitions.
(1) As used in this section, unless the context otherwise requires:
(a) "Currently certified in CPR" means that the person has completed training in cardiopulmonary resuscitation from a nationally recognized evidence-based certification program within the preceding two years.
(b) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title, or a board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools.
(c) "State board of education" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.
(2) No later than January 1, 2015, coaches of athletic programs employed by local education providers must be currently certified in CPR and must have received instruction in the effective use of an automated external defibrillator. The state board shall promulgate rules concerning the coaching staff positions that are included in this requirement.
(3) Nothing in this section abrogates or limits:
(a) The protections applicable to:
(I) Any person or entity that renders emergency assistance through the use of an automated external defibrillator pursuant to section 13-21-108.1, C.R.S.; or
(II) Volunteers and board members pursuant to sections 13-21-115.7 and 13-21-116, C.R.S.; or
(b) The limits or protections applicable to public entities and public employees pursuant to the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S. |
| Colorado Revised Statutes - 22-1-129. |
Instruction in cardiopulmonary resuscitation and the use of automated external defibrillators - grants - fund created - definitions - rules.
(1) As used in this section, unless the context otherwise requires:
(a) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.
(b) "Fund" means the school cardiopulmonary resuscitation and automated external defibrillator training fund created in subsection (5) of this section.
(c) "Local education provider" means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title, or a board of cooperative services created and operating pursuant to article 5 of this title that operates one or more public schools.
(d) "Psychomotor skills development" means the use of hands-on practice that supports cognitive learning.
(e) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.
(2) On and after September 1, 2014, each local education provider may apply for a grant or grants to provide instruction to students in any of grades nine through twelve and school staff in any of grades nine through twelve in cardiopulmonary resuscitation and the use of an automated external defibrillator. The instruction funded pursuant to this section must include a nationally recognized, psychomotor-skills-based instructional program that reflects current, national, evidence-based, emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator. The department shall administer the grant program pursuant to state board rules adopted pursuant to subsection (3) of this section.
(3) The state board shall promulgate rules concerning the grants awarded pursuant to this section, which rules must include, at a minimum:
(a) The process by which a local education provider may apply for and receive grant moneys pursuant to this section, including application requirements and deadlines;
(b) The number and amount of each grant and whether grants moneys will be awarded in the order applications are received or through some other method;
(c) The process for achieving a balanced distribution of grant moneys to applicants including rural, urban, and suburban local education providers; and
(d) Procedures for monitoring a local education provider's compliance with the provisions of this section and specifically that moneys awarded pursuant to this section are used for reasonable costs associated with psychomotor-skills-based cardiopulmonary resuscitation training and training on the use of automated external defibrillators, including but not limited to training materials and the temporary employment of cardiopulmonary resuscitation instructors or other trainers qualified to teach skills-based cardiopulmonary resuscitation training.
(4) Notwithstanding any other provision of this section to the contrary, the department shall not award any grants pursuant to this section unless the department determines that there are sufficient moneys in the fund to implement the program.
(5)(a) There is created in the state treasury the school cardiopulmonary resuscitation and automated external defibrillator training fund. The fund consists of:
(I) Two hundred fifty thousand dollars, which the state treasurer shall transfer from the general fund to the fund on August 6, 2014;
(II) Any other moneys that the general assembly appropriates to it; and
(III) Any gifts, grants, or donations credited to the fund pursuant to paragraph (b) of this subsection (5).
(b) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section; except that the department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. The department shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the fund. Nothing in this section requires the department to solicit moneys for purposes of implementing this section.
(c) The moneys in the fund are subject to annual appropriation by the general assembly to the department for the purpose of awarding grants allowed by this section and for the department's reasonable and necessary administrative expenses associated with implementation of this section. The department's administrative expenses for a fiscal year shall not exceed two percent of the money transferred or appropriated to the fund in the fiscal year.
(d) The state treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall not be credited or transferred to the general fund or another fund |
| Colorado Code of Regulations - 3 CCR 709-1 |
Instruction in cardiopulmonary resuscitation and the use of automated external defibrillatorDentists and Dental Hygienists
M. Office Facilities and Equipment for Provision of Minimal Sedation, Moderate Sedation, Deep Sedation and/or General Anesthesia
1. Any dentist whose practice includes the administration of minimal sedation by any anesthesia provider must provide the following office facilities and equipment, which are required to be functional at all times:
a. Emergency equipment and facilities, including:
i. An appropriate size bag-valve-mask apparatus or equivalent with an oxygen hook-up;
ii. Oral and nasopharyngeal airways;
iii. Appropriate emergency medications; and
iv. An external defibrillator - manual or automatic.
b. Equipment to monitor vital signs and oxygenation/ventilation, including:
i. A continuous pulse oximeter; and
ii. A blood pressure cuff of appropriate size and stethoscope, or equivalent blood pressure monitoring devices.
c. Oxygen, suction, and a pulse oximeter must be immediately available during the recovery period.
2. Any dentist whose practice includes the administration of moderate sedation by any anesthesia provider must provide the following office facilities and equipment, which are required to be functional at all times:
a. Emergency equipment and facilities, including:
i. An appropriate size bag-valve-mask apparatus or equivalent with an oxygen hook-up;
ii. Oral and nasopharyngeal airways;
iii. Appropriate emergency medications; and
iv. An external defibrillator - manual or automatic.
b. Equipment to monitor vital signs and oxygenation/ventilation, including:
i. A continuous pulse oximeter; and
ii. A blood pressure cuff of appropriate size and stethoscope, or equivalent blood pressure monitoring devices.
c. Oxygen, suction, and a pulse oximeter must be immediately available during the recovery period.
d. Back-up suction equipment.
e. Back-up lighting system.
f. Parenteral access or the ability to gain parenteral access, if clinically indicated.
g. Electrocardiograph, if clinically indicated.
h. End-tidal carbon dioxide monitor (capnography) by July 1, 2016.
3. Any dentist whose practice includes the administration of deep sedation and/or general anesthesia by any anesthesia provider must provide the following office facilities and equipment, which are required to be functional at all times:
a. Emergency equipment and facilities, including:
i. An appropriate size bag-valve-mask apparatus or equivalent with an oxygen hook-up;
ii. Oral and nasopharyngeal airways;
iii. Appropriate emergency medications; and
iv. An external defibrillator - manual or automatic.
b. Equipment to monitor vital signs and oxygenation/ventilation, including:
i. A continuous pulse oximeter; and
ii. A blood pressure cuff of appropriate size and stethoscope, or equivalent blood pressure monitoring devices.
c. Oxygen, suction, and a pulse oximeter must be immediately available during the recovery period.
d. Back-up suction equipment.
e. Back-up lighting system.
f. Parenteral access or the ability to gain parenteral access, if clinically indicated.
g. Electrocardiograph.
h. End-tidal carbon dioxide monitor (capnography) by July 1, 2016.
i. Additional emergency equipment and facilities, including:
i. Endotracheal tubes suitable for patients being treated;
ii. A laryngoscope with reserve batteries and bulbs,
iii. Endotracheal tube forceps (i.e. magill); and
iv. At least one additional airway device. |
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