Maryland Education Section 13-517

      (a)      (1)      In this section the following words have the meanings indicated.

            (2)      "Authorized facility" means an organization, business, association, or agency that meets the requirements of the EMS Board for providing automated external defibrillation.

            (3)      "Automated external defibrillator (AED)" means a medical heart monitor and defibrillator device that:

                  (i)      Is cleared for market by the federal Food and Drug Administration;

                  (ii)      Recognizes the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;

                  (iii)      Determines, without intervention by an operator, whether defibrillation should be performed;

                  (iv)      On determining that defibrillation should be performed, automatically charges; and

                  (v)      1.      Requires operator intervention to deliver the electrical impulse; or

                        2.      Automatically continues with delivery of electrical impulse.

            (4)      "Certificate" means a certificate issued by the EMS Board to an authorized facility.

            (5)      "Facility" means an agency, association, corporation, firm, partnership, or other entity.

            (6)      "Jurisdictional emergency medical services operational program" means the institution, agency, corporation, or other entity that has been approved by the EMS Board to provide oversight of emergency medical services for each of the local government and State and federal emergency medical services programs.

            (7)      "Regional administrator" means the individual employed by the Institute as regional administrator in each EMS region.

            (8)      "Regional council" means an EMS advisory body as created by the Code of Maryland Regulations 30.05.

            (9)      "Regional council AED committee" means a committee appointed by the regional council consisting of:

                  (i)      The regional medical director;

                  (ii)      The regional administrator; and

                  (iii)      Three or more individuals with knowledge of and expertise in AEDs.

            (10)      "Sponsoring physician" means a physician who:

                  (i)      Is licensed to practice medicine under Title 14 of the Health Occupations Article;

                  (ii)      Provides medical oversight to an authorized facility; and

                  (iii)      Meets qualifications established by the EMS Board.

      (b)      (1)      There is an Automated External Defibrillator Program.

            (2)      The purpose of the Program is to provide a means of authorizing a facility to make automated external defibrillation available to an individual who is a victim of sudden cardiac arrest if physician services or emergency medical services are not immediately available.

            (3)      The Program shall be administered by the EMS Board.

      (c)      The EMS Board may:

            (1)      Adopt regulations for the administration of the Program;

            (2)      Set reasonable fees for the issuance and renewal of certificates and other services it provides under the Program provided that the fees set produce funds to approximate the cost of maintaining the certification program and the other services provided under the Program;

            (3)      Issue and renew certificates to facilities that meet the requirements of this section;

            (4)      Deny, suspend, revoke, or refuse to renew the certificate of an authorized facility for failure to meet the requirements of this section;

            (5)      Approve educational and training programs required under this section that:

                  (i)      Are conducted by any private or public entity;

                  (ii)      Include training in cardiopulmonary resuscitation; and

                  (iii)      May include courses from nationally recognized entities such as the American Heart Association, the American Red Cross, and the National Safety Council;

            (6)      Approve protocols for the use of an automated external defibrillator;

            (7)      Require each authorized facility on reasonable notice to produce for inspection:

                  (i)      Maintenance records;

                  (ii)      Training records; and

                  (iii)      Equipment; and

            (8)      Delegate to the Institute any portion of its authority under this section.

      (d)      (1)      The EMS Board shall pay all fees collected under the provisions of this section to the Comptroller of the Treasury.

            (2)      The Comptroller of the Treasury shall distribute the fees to the Maryland Emergency Medical System Operations Fund established under § 13-955 of the Transportation Article.

      (e)      (1)      Each facility that desires to make automated external defibrillation available shall possess a valid certificate from the EMS Board.

            (2)      This subsection does not apply to:

                  (i)      A jurisdictional emergency medical services operational program;

                  (ii)      A licensed commercial ambulance service; or

                  (iii)      A health care facility as defined in § 19-114 of the Health - General Article.

      (f)      To qualify for a certificate a facility shall:

            (1)      Have medical direction through:

                  (i)      A sponsoring physician; or

                  (ii)      The regional council AED committee;

            (2)      Be registered with the closest jurisdictional emergency medical services operational program;

            (3)      Comply with written protocols approved by the EMS Board for the use of an automated external defibrillator which include:

                  (i)      Notification of the emergency medical services system through the use of the 911 universal emergency access number as soon as possible on the use of an automated external defibrillator; and

                  (ii)      Subsequent reporting of the use of an automated external defibrillator to the closest jurisdictional emergency medical services operational program;

            (4)      Have established automated external defibrillator maintenance, placement, operation, reporting, and quality improvement procedures as required by the EMS Board;

            (5)      Ensure that:

                  (i)      Each automated external defibrillator is maintained, operated, and tested according to manufacturers' guidelines; and

                  (ii)      Written records of the maintenance and testing of each automated external defibrillator are maintained as required by the EMS Board; and

            (6)      Ensure that each individual who operates an automated external defibrillator for the authorized facility has successfully completed an educational training course and refresher training as required by the EMS Board.

      (g)      A facility that desires to establish or renew a certificate shall:

            (1)      Submit an application on the form that the EMS Board requires;

            (2)      Pay to the EMS Board the application or renewal fee set by the EMS Board; and

            (3)      Meet the requirements under this section.

      (h)      (1)      The EMS Board shall issue a new or a renewed certificate to a facility that meets the requirements of this section.

            (2)      Each certificate shall include:

                  (i)      The type of certificate;

                  (ii)      The full name and address of the facility;

                  (iii)      A unique identification number; and

                  (iv)      The dates of issuance and expiration of the certificate.

      (i)      A certificate is valid for 3 years.

      (j)      An individual who is authorized to operate an automated external defibrillator at an authorized facility may administer automated external defibrillation to an individual who is reasonably believed to be a victim of sudden cardiac arrest if physician services or emergency medical services are not immediately available.

      (k)      An individual who is authorized to operate an automated external defibrillator at an authorized facility shall follow the protocols established by the EMS Board.

      (l)      The EMS Board may issue a cease and desist order or obtain injunctive relief:

            (1)      If a facility makes automated external defibrillation available in violation of this section; or

            (2)      If an individual provides automated external defibrillation in violation of this section.

      (m)      (1)      In addition to any other immunities available under statutory or common law, an authorized facility is not civilly liable for any act or omission in the provision of automated external defibrillation if the authorized facility:

                  (i)      Has satisfied the requirements for making automated external defibrillation available under this section; and

                  (ii)      Possesses a valid certificate at the time of the act or omission.

            (2)      In addition to any other immunities available under statutory or common law, the sponsoring physician of an authorized facility is not civilly liable for any act or omission in the provision of automated external defibrillation.

            (3)      In addition to any other immunities available under statutory or common law, an individual is not civilly liable for any act or omission if:

                  (i)      The individual is acting in good faith while rendering automated external defibrillation to a person who is a victim or reasonably believed by the individual to be a victim of a sudden cardiac arrest;

                  (ii)      The assistance or aid is provided in a reasonably prudent manner;

                  (iii)      The automated external defibrillation is provided without fee or other compensation; and

                  (iv)      1.      The act or omission occurs while the individual is providing automated external defibrillation in accordance with the requirements of this section at an authorized facility;

                        2.      The individual has successfully completed an AED training course and is authorized to provide automated external defibrillation; or

                        3.      The individual is using an automated external defibrillator obtained by a prescription issued by a physician.

            (4)      The immunities in this subsection are not available if the conduct of the authorized facility amounts to gross negligence, willful or wanton misconduct, or intentionally tortious conduct.

            (5)      This subsection does not affect, and may not be construed as affecting, any immunities from civil or criminal liability or defenses established by any other provision of the Code or by common law to which an authorized facility or an individual may be entitled.

      (n)      (1)      An authorized facility aggrieved by a decision of the Institute acting under the delegated authority of the EMS Board under this section shall be afforded an opportunity for a hearing before the EMS Board.

            (2)      An authorized facility aggrieved by a decision of the EMS Board under this section shall be afforded an opportunity for a hearing in accordance with Title 10, Subtitle 2 of the State Government Article.