BILL 69

Automated Defibrillator Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definition of “automated defibrillator”

1 In this Act, “automated defibrillator” means an automated external medical heart monitor and defibrillator that is capable of the following:

(a)  recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;

(b)  determining, without intervention by an operator, if defibrillation should be performed; and

(c)  automatically charging and delivering an electrical impulse to an individual’s heart as medically required.

Protection from civil liability: user of automated defibrillator

2 Despite the rules of common law, a person who in good faith voluntarily and without reasonable expectation of compensation or reward uses an automated defibrillator on a person experiencing an emergency is not liable for damages that result from the person’s negligence in acting or failing to act while using the automated defibrillator, unless it is established that the damages were caused by the gross negligence of the person who used the automated defibrillator.

Emergency

3 For the purpose of section 2, an emergency exists if the behaviour of a person reasonably leads another to believe that the person is experiencing a life-threatening event that requires the provision of immediate care to assist the heart or other cardiopulmonary functioning of that person.

Reimbursement of expenses

4 The reimbursement that a person receives for expenses that the person reasonably incurs in using a defibrillator does not constitute compensation or reward for the purpose of section 2.