Okla. Stat. tit. 76, § 76-5A
This is the official text of Okla. Stat. tit. 76, § 76-5A, part of Oklahoma’s Stat. tit. 76, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 76,." Browse the sections below, each linked to its official government source.
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Emergency use of automated defibrillator - Immunity from
Official statutory text
civil liability.
A. 1. Any person who, in good faith and without expectation of
compensation, renders emergency care or treatment outside of a
medical facility by the use of an automated external defibrillator
shall be immune from civil liability for personal injury which
results from the use of the device, except for acts of gross
negligence or willful or wanton misconduct in the use of such
device.
Oklahoma Statutes - Title 76. Torts Page 11
2. Course directors and trainers who have completed the
training required by the State Department of Health for teaching
courses in the use of automated external defibrillators and
cardiopulmonary resuscitation shall be immune from civil liability
for personal injury which results from the use of the device, except
for acts of gross negligence or willful or wanton misconduct in the
teaching of such training courses.
B. A prescribing physician who, in good faith and without
expectation of compensation, writes a prescription for the use of an
automated external defibrillator to render emergency care or
treatment shall be immune from civil liability for personal injury
which results from the use of the device, except for acts of gross
negligence or willful or wanton misconduct in the prescribing of the
device.
C. An entity or individual who owns, leases, possesses, or
otherwise controls an automated external defibrillator shall be
immune from civil liability for personal injury which results from
the use of the device, except for acts of gross negligence or
willful or wanton misconduct.
D. An entity or individual who owns, leases, possesses or
otherwise controls an automated external defibrillator shall
communicate to the proper first responder the locations and
placements of the automated external defibrillator owned, leased,
possessed or otherwise controlled by the entity or individual.
E. For purposes of this section:
1. “Automated external defibrillator” means a medical device
consisting of a heart monitor and defibrillator which:
a. has received approval of its premarket notification,
filed pursuant to 21 U.S.C., Section 360(k), from the
United States Food and Drug Administration,
b. 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
c. upon determining that defibrillation should be
performed, automatically charges and requests delivery
of an electrical impulse to an individual’s heart;
2. “Entity” means public and private organizations including,
but not limited to, the State of Oklahoma and its agencies and
political subdivisions, a proprietorship, partnership, limited
liability company, corporation, or other legal entity, whether or
not operated for profit;
3. “First responder” means an individual certified by the State
Department of Health to perform emergency medical services in
accordance with the Oklahoma Emergency Response Systems Development
Oklahoma Statutes - Title 76. Torts Page 12
Act and in accordance with the rules and standards promulgated by
the State Board of Health; and
4. “Prescribing physician” means a person licensed to practice
medicine in the state pursuant to Chapters 11 and 14 of Title 59 of
the Oklahoma Statutes.
A. 1. Any person who, in good faith and without expectation of
compensation, renders emergency care or treatment outside of a
medical facility by the use of an automated external defibrillator
shall be immune from civil liability for personal injury which
results from the use of the device, except for acts of gross
negligence or willful or wanton misconduct in the use of such
device.
Oklahoma Statutes - Title 76. Torts Page 11
2. Course directors and trainers who have completed the
training required by the State Department of Health for teaching
courses in the use of automated external defibrillators and
cardiopulmonary resuscitation shall be immune from civil liability
for personal injury which results from the use of the device, except
for acts of gross negligence or willful or wanton misconduct in the
teaching of such training courses.
B. A prescribing physician who, in good faith and without
expectation of compensation, writes a prescription for the use of an
automated external defibrillator to render emergency care or
treatment shall be immune from civil liability for personal injury
which results from the use of the device, except for acts of gross
negligence or willful or wanton misconduct in the prescribing of the
device.
C. An entity or individual who owns, leases, possesses, or
otherwise controls an automated external defibrillator shall be
immune from civil liability for personal injury which results from
the use of the device, except for acts of gross negligence or
willful or wanton misconduct.
D. An entity or individual who owns, leases, possesses or
otherwise controls an automated external defibrillator shall
communicate to the proper first responder the locations and
placements of the automated external defibrillator owned, leased,
possessed or otherwise controlled by the entity or individual.
E. For purposes of this section:
1. “Automated external defibrillator” means a medical device
consisting of a heart monitor and defibrillator which:
a. has received approval of its premarket notification,
filed pursuant to 21 U.S.C., Section 360(k), from the
United States Food and Drug Administration,
b. 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
c. upon determining that defibrillation should be
performed, automatically charges and requests delivery
of an electrical impulse to an individual’s heart;
2. “Entity” means public and private organizations including,
but not limited to, the State of Oklahoma and its agencies and
political subdivisions, a proprietorship, partnership, limited
liability company, corporation, or other legal entity, whether or
not operated for profit;
3. “First responder” means an individual certified by the State
Department of Health to perform emergency medical services in
accordance with the Oklahoma Emergency Response Systems Development
Oklahoma Statutes - Title 76. Torts Page 12
Act and in accordance with the rules and standards promulgated by
the State Board of Health; and
4. “Prescribing physician” means a person licensed to practice
medicine in the state pursuant to Chapters 11 and 14 of Title 59 of
the Oklahoma Statutes.
Status: in_force · Read it on the official government site
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