2011 Florida Statutes
TITLE XLV — TORTS
Chapter 768 — NEGLIGENCE
PART I — GENERAL PROVISIONS
768.1335 — Emergency Medical Dispatch Act; presumption.


FL Stat § 768.1335 (2002 through 2nd Reg Sess) What's This?

768.1335 Emergency Medical Dispatch Act; presumption.—

(1) This section may be known by the popular name the Emergency Medical Dispatch Act.

(2) As used in this section:

(a)  Emergency medical dispatch means the function of utilizing emergency medical dispatch protocols.

(b)  Emergency medical dispatcher means a person who is trained or certified in the prompt and accurate processing of calls for emergency medical assistance.

(c)  Emergency medical dispatch agency means any private or public entity that is responsible for the emergency medical dispatch by emergency medical dispatchers.

(d)  Emergency medical dispatch protocol means guidelines for processing calls for emergency medical assistance or for the dispatching of emergency medical services in a prehospital setting which are substantially similar to standards set forth by the American Society for Testing and Materials or the National Highway Traffic Safety Administration and which have been incorporated into an emergency medical dispatch training program.

(3) Notwithstanding any other provision of law to the contrary, and unless otherwise immune under s. 768.28, any emergency medical dispatcher or the emergency medical dispatch agency, its agents, or its employees who utilize emergency medical dispatch protocols are presumed not to have acted negligently regarding any injuries or damages resulting from the use of emergency medical dispatch protocols, if the emergency medical dispatcher or the emergency medical dispatch agency, its agents, or its employees:

(a) Properly trained their emergency medical dispatchers in an emergency medical dispatch that is substantially similar to standards set forth by the American Society for Testing and Materials or the National Highway Traffic Safety Administration.

(b) Implemented standard practices and management for emergency medical dispatch or practices that are substantially similar to standards set forth by the American Society for Testing and Materials or the National Highway Traffic Safety Administration.

(c) Utilized standard practices for training, instructor qualification, and certification eligibility of emergency medical dispatchers or practices that are substantially similar to standards set forth by the American Society for Testing and Materials or the National Highway Traffic Safety Administration.

History.—s. 1, ch. 2003-180.

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