CHAPTER 136
An Act concerning the use of cardiac defibrillation and amending P.L.1989, c.314.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1989, c.314 (C.26:2K-39) is amended to read as follows:
C.26:2K-39 Definitions.
1. As used in this act:
"Commissioner" means the Commissioner of Health.
"Emergency medical service" means a program in a hospital staffed 24 hours-a-day by a licensed physician trained in emergency medicine.
"Emergency medical technician" means a person trained in basic life support services as defined in section 1 of P.L.1985, c.351 (C.26:2K-21) and who is certified by the Department of Health to perform these services.
"EMT-D" means an emergency medical technician who is certified by the commissioner to perform cardiac defibrillation.
"First Responder" means a police officer, firefighter or other person who has been trained to provide emergency medical first response services in a program recognized by the commissioner.
"First Responder-D" means a First Responder who is certified by the commissioner to perform cardiac defibrillation.
"Pre-hospital care" means those emergency medical services rendered to emergency patients at the scene of a traffic accident or other emergency and during transportation to emergency treatment facilities, and upon arrival within those facilities.
2. Section 2 of P.L.1989, c.314 (C.26:2K-40) is amended to read as follows:
C.26:2K-40 Certification as EMT-D, First Responder-D.
2. a. An emergency medical technician who has been certified by the commissioner as an EMT-D may perform cardiac defibrillation, with or without the assistance of another EMT-D, according to rules and regulations adopted by the commissioner. A person who has been certified by the commissioner as a First Responder-D may perform cardiac defibrillation, with or without the assistance of an EMT-D or another First Responder-D, according to rules and regulations adopted by the commissioner.
b. The commissioner shall establish written standards and application procedures which an emergency medical technician shall meet in order to obtain certification as an EMT-D, and which a person shall meet in order to obtain certification as a First Responder-D. The commissioner shall certify a candidate who provides evidence of satisfactory completion of an educational program which includes training in the performance of cardiac defibrillation and which is approved by the commissioner, and who passes an examination in the performance of cardiac defibrillation which is approved by the commissioner.
c. The commissioner shall maintain a register of all applications for certification as an EMT-D or a First Responder-D which shall include, but not be limited to:
(1) The name and residence of the applicant;
(2) The date of the application;
(3) Whether the applicant was rejected or approved and the date of that action.
d. The commissioner shall annually compile a list of certified EMT-D's and First Responder-D's which shall be available to the public.
e. A fee may be charged to a person who is enrolled in an educational program approved by the Department of Health which includes training in the performance of cardiac defibrillation, to cover the costs of training and testing for certification as an EMT-D or a First Responder-D.
3. Section 3 of P.L.1989, c.314 (C.26:2K-41) is amended to read as follows:
C.26:2K-41 Revocation of certification.
3. The commissioner, after notice and hearing, may revoke the certification of an EMT-D or a First Responder-D for violation of any provisions of this act or of any rule or regulation adopted pursuant to this act.
4. Section 4 of P.L.1989, c.314 (C.26:2K-42) is amended to read as follows:
C.26:2K-42 False advertising; impersonation of EMT-D, First Responder-D.
4. a. A person shall not advertise or disseminate information to the public that the person is an EMT-D or a First Responder-D unless the person is authorized to do so pursuant to this act.
b. A person shall not impersonate or refer to himself as an EMT-D or a First Responder-D unless he is certified pursuant to section 2 of this act.
5. Section 5 of P.L.1989, c.314 (C.26:2K-43) is amended to read as follows:
C.26:2K-43 Immunity relative to cardiac defibrillation.
5. An EMT-D, First Responder-D, EMT-intermediate, licensed physician, hospital or its board of trustees, officers and members of the medical staff, nurses, paramedics or other employees of the hospital, or officers and members of a first aid, ambulance or rescue squad shall not be liable for any civil damages as the result of an act or the omission of an act committed while in training to perform, or in the performance of, cardiac defibrillation in good faith and in accordance with this act.
6. Section 8 of P.L.1989, c.314 (C.26:2K-45) is amended to read as follows:
C.26:2K-45 Performance of functions necessary for orderly transfer.
8. Nothing in this act shall be construed to permit an EMT-D or a First Responder-D to perform the duties or fill the position of another health professional employed by a hospital, except that the EMT-D or First Responder-D may perform those functions that are necessary to assure the orderly transfer of a traffic accident victim or other emergency patient receiving pre-hospital care to hospital staff upon arrival at an emergency department and that are necessary to obtain the clinical training in the performance of cardiac defibrillation required by the department.
7. Section 10 of P.L.1989, c.314 (C.26:2K-47) is amended to read as follows:
C.26:2K-47 Performance of duties by other health care professional.
10. Nothing in this act shall be construed to prevent a licensed and qualified member of a health care profession from performing any of the duties of an EMT-D or a First Responder-D if the duties are consistent with the accepted standards of the member's profession.
8. This act shall take effect on the 180th day after the date of enactment.
Approved December 5, 1996.