PUBLIC HEALTH (AUTOMATIC EXTERNAL DEFIBRILLATORS) REGULATIONS 2003
PUBLIC HEALTH (DIAGNOSTIC FACILITIES) (AUTOMATIC
EXTERNAL DEFIBRILLATORS) REGULATIONS 2006
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BR 5 / 2006
PUBLIC HEALTH ACT 1949
1949 : 24
PUBLIC HEALTH (AUTOMATIC EXTERNAL DEFIBRILLATORS)
REGULATIONS 2006
ARRANGEMENT OF REGULATIONS
1 Short title
2 Definitions
3 Register of automatic
external defibrillators
4 Registration
5 Duration and fees
6 Revocation of registration
7 Surrender of certificate
8 Designated users
9 Operator, maintenance
and testing
10 Report of use of automatic
external defibrillator
11 Records
12 Appeals to Minister
13 Appeals to court
The Minister of Health and Family Services, in exercise of the
powers conferred by section 163 of the Public Health Act 1949, makes
the following Regulations:
Short title
1 These Regulations may be cited as the Public Health (Automatic
External Defibrillators) Regulations 2006.
Definitions
2 In these Regulations —
"Act" means the Public Health Act 1949;
PUBLIC HEALTH (AUTOMATIC EXTERNAL DEFIBRILLATORS)
REGULATIONS 2006
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"approved course" means a course of training in adult cardio
pulmonary resuscitation and the use of an automatic
external defibrillator approved by the Chief Medical Officer;
"automatic external defibrillator" means a medical heart device
monitor and defibrillator that —
(a) is capable of recognizing the presence or absence of
ventricular fibrillation or rapid ventricular tachycardia;
(b) is capable of determining, without intervention by an
operator, whether defibrillation should be performed;
(c) upon determining that defibrillation should be
performed, automatically charges and requests delivery
of an electrical impulse to an individual's heart; and
(d) upon action by the operator, delivers an appropriate
electrical impulse to the individual's heart to perform
defibrillation;
"designated user" in relation to an automatic external
defibrillator means a person designated under regulation 7;
"operator" in relation to an automatic external defibrillator
means a person who acquires such defibrillator.
Register of automatic external defibrillators
3 (1) The Chief Medical Officer shall establish and maintain in
his office, in such manner as he considers appropriate, a register of
automatic external defibrillators.
(2) The register is an official record and the Chief Medical
Officer shall keep the register correct in accordance with the provisions
of these Regulations and shall make any necessary alterations in the
registered particulars.
(3) As soon as may be after 1 January in every year the Chief
Medical Officer shall publish in the Gazette a notice in such form as he
may determine setting forth the names of operators of automatic external
defibrillators and other particulars entered in the register on that date.
Registration
4 (1) A person who desires to operate an automatic external
defibrillator shall make application to the Chief Medical Officer for the
registration of the defibrillator.
(2) An application shall be in the form determined by the Chief
Medical Officer and shall contain the following information —
(a) the name of the operator;
PUBLIC HEALTH (AUTOMATIC EXTERNAL DEFIBRILLATORS)
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(b) the names of the designated users;
(c) the location where the automatic external defibrillator is
to be kept;
(d) the date of purchase, model year, type, manufacturer
and local supplier of the automatic external defibrillator.
(3) The Chief Medical Officer shall consider the application as
soon as practicable after its receipt and may approve or reject the
application.
(4) Where the Chief Medical Officer approves the application to
register the automatic external defibrillator, he shall —
(a) enter in the register the address of the place where the
automatic external defibrillator is located or housed, the
name of the operator and designated users and such
other particulars relating to the automatic external
defibrillator as he considers necessary to identify the
registered automatic external defibrillator; and
(b) issue to the applicant a certificate of registration in the
form determined by the Chief Medical Officer.
(5) Where the Chief Medical Officer rejects an application, he
shall record his decision and the reasons for it in writing and shall, not
later than 7 days after making a decision on an application, inform the
applicant of the decision and the reasons for it.
(6) An applicant who is aggrieved by a decision of the Chief
Medical Officer may appeal against it under regulation 12.
Duration and fees
5 (1) Registration shall have effect for a period of two years and
may be renewed.
(2) An applicant for registration or renewal of registration shall
pay such fee as may be prescribed under the Government Fees Act 1965.
Revocation of registration
6 Subject to paragraphs (2), (3) and (4), the Chief Medical Officer
may revoke the registration of an automatic external defibrillator if he is
satisfied that the operator has failed —
(a) to maintain the defibrillator in accordance with the
guidelines issued by the manufacturer;
(b) to maintain a training schedule for designated users; or
(c) to report each clinical use of the defibrillator.
PUBLIC HEALTH (AUTOMATIC EXTERNAL DEFIBRILLATORS)
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(2) Where the Chief Medical Officer proposes to revoke the
registration of an automatic external defibrillator under paragraph (1) he
shall —
(a) not less than 14 days before the date on which he
proposes to do so, in writing, inform the operator of the
defibrillator of the proposal and reasons for it;
(b) give the operator an opportunity to make
representations, orally or in writing; and
(c) take into account any representations made under
subparagraph (b) before a decision is made.
(3) Where the Chief Medical Officer decides to revoke the
registration, he shall —
(a) set out the decision in writing and state the reasons for
the decision;
(b) serve a copy of the decision on the operator;
(c) inform the operator that he may appeal against that
decision.
(4) The revocation of registration has effect on the expiration of
two months beginning on the date of service of the decision on the
operator.
Surrender of certificate
7 Where the Chief Medical Officer revokes the registration of an
automatic external defibrillator under regulation 6, the operator of the
defibrillator shall surrender his certificate to the Chief Medical Officer
immediately on the expiration of the two-month period referred to in
regulation 6(4) or until the time when any appeal has been determined.
Designated users
8 (1) The operator shall in writing designate persons as
designated users.
(2) A person shall not be designated under paragraph (1)
unless he has successfully completed an approved course.
Operator, maintenance and testing
9 The operator of an automatic external defibrillator shall take
reasonable measures to ensure that —
(a) except for the purposes of training and education, the
defibrillator is used only by designated users; and
PUBLIC HEALTH (AUTOMATIC EXTERNAL DEFIBRILLATORS)
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(b) the schedule of maintenance and testing is carried out
in accordance with the guidelines issued by the
manufacturer.
Report of use of automatic external defibrillator
10 (1) The operator or designated user who makes use of an
automatic external defibrillator for the purpose of emergency care or
treatment of a person in cardiac arrest shall —
(a) as soon as practicable call 911 and activate the
Emergency Medical Services (EMS) system;
(b) within 30 days report the circumstances of the use to
the Chief Medical Officer.
(2) Paragraph (1) does not apply to the use of an automatic
external defibrillator in a hospital as defined in section 161 of the Act.
Records
11 The operator of an automatic external defibrillator shall maintain
a written record of the matters referred to in paragraph 4(2), the training
schedule for designated users and the dates and circumstances of each
instance of clinical use of the defibrillator.
Appeals to Minister
12 (1) A person aggrieved by a decision of the Chief Medical Officer
may, within 21 days after the date on which notice of the decision is
given or within such longer period as the Minister may allow, appeal to
the Minister against that decision.
(2) On an appeal under this regulation the Minister may give
such direction as he considers appropriate and the Chief Medical Officer
shall comply with any such direction.
Appeals to court
13 (1) A person aggrieved by a decision of the Minister may, in
accordance with section 163(4) of the principal Act, appeal to the court
against that decision.
(2) On an appeal pursuant to this regulation, the court may make
such order as it considers appropriate and the Minister shall comply
with any such order.
Made this 19th day of January, 2006
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Minister of Health and Family Services
