AED State Laws

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Below you can find all of the laws pertaining to AEDs in the state of Alabama, such as AED use and implementation, training, maintenance, and more.

For requirements that are particularly important and to be overlooked by those in the state of Alabama, we've highlighted particular clauses in red for your attention.

If you're having trouble making sense of the laws and what they mean in laypersons terms, simply reach out to us. Any one of our team members is more than happy to assist you in your research and development of your AED program.

Alabama Code § 6-5-332

  1. A person or entity, who in good faith and without compensation renders emergency care or treatment to a person suffering or appearing to suffer from cardiac arrest, which may include the use of an automated external defibrillator, shall be immune from civil liability for any personal injury as a result of care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary prudent person would have acted under the same or similar circumstances, except damages that may result from the gross negligence of the person rendering emergency care. This immunity shall extend to the licensed physician or medical authority who is involved in automated external defibrillator site placement, the person who provides training in CPR and the use of the automated external defibrillator, and the person or entity responsible for the site where the automated external defibrillator is located. This subsection specifically excludes from the provision of immunity any designers, manufacturers, or sellers of automated external defibrillators for any claims that may be brought against such entities based upon current Alabama law.

Alabama Code § 6-5-332.3

  1. The Legislature of the State of Alabama finds the following:
    1. Early defibrillation may sustain the life and temporarily stabilize a person in cardiac arrest, thus helping to preserve the Alabama family.>
    2. The American Heart Association estimates that more than 350,000 Americans die each year from out of hospital sudden cardiac arrest, and 20,000 deaths may be prevented each year if automated external defibrillators were more widely available.
  2. It is the intent of the Legislature that an automated external defibrillator may be used for the purpose of saving the life of another person in cardiac arrest.
  3. As used in Section 6-5-332, the term "automated external defibrillator" or "AED" means a medical device heart monitor and defibrillator that meets all of the following specifications:
    1. Has received approval of its pre-market notification filed pursuant to Section 360(k), Title 21 of the United States Code from the United States Food and Drug Administration.
    2. 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.
    3. Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse through the chest wall and to an individual's heart.
  4. A person or entity that acquires an AED shall ensure all of the following:
    1. That expected defibrillator users receive appropriate training in an American Heart Association, American Red Cross, or other nationally recognized cardiopulmonary resuscitation (CPR) course and AED, or an equivalent nationally recognized course.
    2. That the defibrillator is maintained and tested according to the manufacturer's operational guidelines.
    3. That there is involvement of a licensed physician or medical authority in the site's AED program to ensure compliance with training, notification, and maintenance.
    4. That any person who renders emergency care or treatment of a person in cardiac arrest by using an AED activates the emergency medical services system as soon as possible.
    5. That each manufacturer, wholesale supplier, or retailer of an AED notifies purchasers of AED's intended for use in the State of Alabama of the requirements of this section.
  5. A person or entity who acquires an automated external defibrillator shall notify the local emergency communications center or dispatch center of the existing location and type of AED.
  6. This section shall not apply to an individual using an AED in an emergency setting if that individual is acting as a good samaritan pursuant to Section 6-5-332.

Alabama Administrative Code § 420-5-4-.04

  1. Training
      An assisted living facility shall be staffed at all times by at least one individual who has a current certification from the American Heart Association or the American Red Cross in cardiopulmonary resuscitation (CPR). An assisted living facility equipped with an automated external defibrillator (AED) shall be staffed at all times by at least one individual who has a current certification from the American Heart Association or the American Red Cross in AED utilization. Substitute training approved by the Department of Public Health as acceptable for EMS personnel may be utilized in lieu of those courses or certifications offered by the American Heart Association or American Red Cross in CPR or AED utilization.

Alabama Administrative Code § 420-5-20-.04

  1. Training
    1. A specialty care assisted living facility shall be staffed at all times by at least one individual who has a current certification from the American Heart Association or the American Red Cross in cardiopulmonary resuscitation (CPR). A specialty care assisted living facility equipped with an automated external defibrillator (AED) shall be staffed at all times by at least one individual who has a current certification from the American Heart Association or the American Red Cross in AED utilization. Substitute training approved by the Department of Public Health for use by EMS personnel may be utilized in lieu of those courses or certifications offered by the American Heart Association or the American Red Cross in CPR or AED utilization.

Alabama Administrative Code § 420-2-1-.02 Emergency Medical Services: Definitions

  1. Automated External Defibrillator (AED). A cardiac defibrillator that is capable of rhythm analysis, but requires user action in order to deliver a counter shock after the presence of cardiac arrhythmia is detected.

Alabama Administrative Code § 420-5-5-.03 End Stage Renal Disease Treatment and Transplant Centers

  1. Basic Life Support. Each End Stage Renal Disease Treatment and Transplant Center shall be equipped with an Automated External Defibrillator (“AED”). The AED must be maintained and charged at all times according to manufacturer’s instructions. A person designated to perform cardiopulmonary resuscitation (“CPR”) and operate the AED and at least one other staff member must be present whenever any patient is in the facility. Individuals designated to perform CPR and operate the AED must be properly certified and attend a training class on CPR and the operation of an AED at least annually.

Section 6-5-332

Persons rendering emergency care etc., at scene of accident, etc.

  1. When any doctor of medicine or dentistry, nurse, member of any organized rescue squad, member of any police or fire department, member of any organized volunteer fire department, Alabama-licensed emergency medical technician, intern, or resident practicing in an Alabama hospital with training programs approved by the American Medical Association, Alabama state trooper, medical aidman functioning as a part of the military assistance to safety and traffic program, chiropractor, or public education employee gratuitously and in good faith, renders first aid or emergency care at the scene of an accident, casualty, or disaster to a person injured therein, he or she shall not be liable for any civil damages as a result of his or her acts or omissions in rendering first aid or emergency care, nor shall he or she be liable for any civil damages as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person.
  2. Any member of the crew of a helicopter which is used in the performance of military assistance to safety and traffic programs and is engaged in the performance of emergency medical service acts shall be exempt from personal liability for any property damages caused by helicopter downwash or by persons disembarking from the helicopter.
  3. When any physician gratuitously advises medical personnel at the scene of an emergency episode by direct voice contact, to render medical assistance based upon information received by voice or biotelemetry equipment, the actions ordered taken by the physician to sustain life or reduce disability shall not be considered liable when the actions are within the established medical procedures.
  4. Any person who is qualified by a federal or state agency to perform mine rescue planning and recovery operations, including mine rescue instructors and mine rescue team members, and any person designated by an operator furnishing a mine rescue team to supervise, assist in planning or provide service thereto, who, in good faith, performs or fails to perform any act or service in connection with mine rescue planning and recovery operations shall not be liable for any civil damages as a result of any acts or omissions. Nothing contained in this subsection shall be construed to exempt from liability any person responsible for an overall mine rescue operation, including an operator of an affected facility and any person assuming responsibility therefor under federal or state statutes or regulations.
  5. A person or entity, who in good faith and without compensation renders emergency care or treatment to a person suffering or appearing to suffer from cardiac arrest, which may include the use of an automated external defibrillator, shall be immune from civil liability for any personal injury as a result of care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary prudent person would have acted under the same or similar circumstances, except damages that may result from the gross negligence of the person rendering emergency care. This immunity shall extend to the licensed physician or medical authority who is involved in automated external defibrillator site placement, the person who provides training in CPR and the use of the automated external defibrillator, and the person or entity responsible for the site where the automated external defibrillator is located. This subsection specifically excludes from the provision of immunity any designers, manufacturers, or sellers of automated external defibrillators for any claims that may be brought against such entities based upon current Alabama law.
  6. Any licensed engineer, licensed architect, licensed surveyor, licensed contractor, licensed subcontractor, or other individual working under the direct supervision of the licensed individual who participates in emergency response activities under the direction of, or in connection with, a community emergency response team, county emergency management agency, the state emergency management agency, or the Federal Emergency Management Agency shall not be liable for any civil damages as a result of any acts, services, or omissions provided without compensation, in such capacity if the individual acts as a reasonably prudent person would have acted under the same or similar circumstances. The immunity provided in this subsection shall apply to any acts, services, or omissions provided within 30 days after declaration of the emergency.
    (Acts 1966, Ex. Sess., No. 253, p. 377; Acts 1975, No. 1233, p. 2594; Acts 1981, No. 81-804, p. 1427; Acts 1987, No. 87-390, p. 558, §1; Acts 1993, No. 93-373, §1; Act 99-370, p. 595, §3; Act 2006-104, p. 134, §1.)
  7. Any person, who, in good faith, renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge of goods or services therefor shall not be liable for any civil damage as a result of any act or omission by the person in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person if the individual acts as a reasonably prudent person would have acted under the same or similar circumstances."

Section 2. This act shall become effective on the first day of the third month following its passage an approval by the Governor, or its otherwise becoming law.

Speaker of the House of Representatives President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 24-MAY-11.

Greg Pappas
Clerk
Senate 02-JUN-11 Amended and Passed House 02-JUN-11
Concurred in Senate
Amendment

Source

Here you will find all statues and laws relevent to AEDs and defibrillators within the state of Colorado. All statues and laws of noticeable importance have been highlighted in red.

Alaska Statutes § 09.65.087

  1. A person who uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency is not liable for civil damages resulting from the use or attempted use of the device. This subsection does not apply to civil damages resulting from a failure to notify the appropriate emergency medical services agency.
  2. A person who acquires or provides an automated external defibrillator device for use on a victim of a perceived medical emergency is not liable for civil damages resulting from the use or attempted use of the device. This subsection does not apply to civil damages resulting from the failure of the person who acquires or provides the device to:
    1. notify the local emergency medical response authority or other appropriate entity of the most recent placement of the device within 30 days following placement of the device;
    2. properly maintain and test the device;
    3. provide, within a reasonable proximity to the device's usual location, a means of notifying the local emergency medical response authority that an emergency exists in the event that a medical emergency occurs where the device is used; or
    4. provide appropriate training in the use of the device to an employee or agent of the person who acquires or provides the device; however, this paragraph does not apply and immunity is provided under this subsection if the period of time elapsing between hiring the person as an employee or agent and the occurrence of the harm, or between the acquisition of the device and the occurrence of the harm in any case in which the device was acquired after hiring the employee or agent, was not in excess of six months.
  3. The immunity provided by (b) of this section does not apply to a manufacturer of an automated external defibrillator.
  4. In this section, "appropriate training" means that the individual has completed an automated external defibrillator training course from the American Heart Association, the American Red Cross, or another automated external defibrillator training course approved by the Department of Health and Social Services.

Chapter 09.65. ACTIONS, IMMUNITIES, DEFENSES, AND DUTIES

Alaska Statutes § 09.65.090 Civil liability for emergency aid

  1. A person at a hospital or any other location who renders emergency care or emergency counseling to an injured, ill, or emotionally distraught person who reasonably appears to the person rendering the aid to be in immediate need of emergency aid in order to avoid serious harm or death is not liable for civil damages as a result of an act or omission in rendering emergency aid.
  2. A member of an organization that exists for the purpose of providing emergency services is not liable for civil damages for injury to a person that results from an act or omission in providing first aid, search, rescue, or other emergency services to the person, regardless of whether the member is under a preexisting duty to render assistance, if the member provided the service while acting as a volunteer member of the organization; in this subsection, "volunteer" means a person who is paid not more than $10 a day and a total of not more than $500 a year, not including ski lift tickets and reimbursement for expenses actually incurred, for providing emergency services.
  3. The immunity provided under (b) of this section does not apply to civil damages that result from providing or attempting to provide any of the following advanced life support techniques unless the person who provided them was authorized by law to provide them:
    1. manual cardiac defibrilation

Laws pertaining to AEDs and defibrillators in the state of Arizona can be found below. Highlighted in red are statutes of particular importance or interest.

Arizona Revised Statutes § 36-2261

In this article, unless the context otherwise requires:

  1. "Automated external defibrillator" means a medical device heart monitor and defibrillator that:
    1. Is approved for premarket modification by the United States food and drug administration pursuant to 21 United States Code section 360(k).
    2. 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, if defibrillation should be performed.
    3. Automatically charges and delivers an electrical impulse to a person's heart when it determines that defibrillation should be performed.
  2. "Defibrillation" means the administration of a controlled electrical charge to the heart to restore a viable cardiac rhythm.
  3. "Physician" means a physician who is licensed pursuant to title 32, chapter 13 or 17, and who provides medical oversight services pursuant to section 36-2262.
  4. "Trained user" means a person who is the expected user of an automated external defibrillator and who has completed training in its use.
  5. "Training" means a state approved course in cardiopulmonary resuscitation and the use of an automated external defibrillator for the lay rescuer and first responder, including the course adopted by the American heart association and in effect as of December 31, 1998.

Arizona Revised Statutes § 36-2262

Except as provided in section 36-2264, a person or entity that acquires an automated external defibrillator shall:

  1. Enter into an agreement with a physician who shall oversee the aspects of public access to defibrillation.
  2. Require each trained user who uses an automated external defibrillator on a person in cardiac arrest to call telephone number 911 as soon as possible.
  3. Submit a written report to the bureau of emergency medical services and trauma systems in the department of health services within five working days after its use.
  4. Ensure that the automated external defibrillator is maintained in good working order and tested according to the manufacturer's guidelines.

Arizona Revised Statutes § 36-2263

  1. The following persons and entities are not subject to civil liability for any personal injury that results from any act or omission that does not amount to willful misconduct or gross negligence:
    1. A physician who provides oversight.
    2. A person or entity that provides training in cardiopulmonary resuscitation and use of an automated external defibrillator.
    3. A person or entity that acquires an automated external defibrillator pursuant to this article.
    4. The owner of the property or facility where the automated external defibrillator is located.
    5. A person or entity that provides the automated external defibrillator pursuant to this article.
    6. A nonprofit entity that, in the placement of an automated external defibrillator pursuant to this article, acts as an intermediary between the provider of an automated external defibrillator and the person or entity that acquired the automated external defibrillator or the owner of the property or facility where the automated external defibrillator is located.
    7. A good Samaritan. For the purposes of this paragraph, "good Samaritan" means a person who uses an automated external defibrillator to render emergency care or assistance in good faith and without compensation at the scene of any accident, fire or other life-threatening emergency.
    8. A trained user.
  2. The exception from civil liability provided in subsection A does not affect a manufacturer's product liability regarding the design, manufacturing or instructions for use and maintenance of an automated external defibrillator.

Arizona Revised Statutes § 36-2264

  1. Except as provided in section 36-2264, a person or entity that acquires an automated external defibrillator shall:
    1. Enter into an agreement with a physician who shall oversee all aspects of public access to defibrillation, including training, emergency medical services coordination, protocol approval, standing orders, communications, protocols and automated external defibrillator deployment strategies.
    2. Limit the use of an automated external defibrillator to trained responders.
    3. Require each trained responder who uses an automated external defibrillator on a person in cardiac arrest to:
      1. Call telephone number 911 as soon as possible.
      2. Submit a written report to the physician, within five working days after its use.
  2. The physician shall:
    1. Establish quality assurance guidelines that include a review of each use of the automated external defibrillator to evaluate performance.
    2. Be proficient in emergency medical services protocols, cardiopulmonary resuscitation and the use of automated external defibrillators.
    3. Ensure that each trained responder receives training in cardiopulmonary resuscitation and in the use of an automated external defibrillator by completing the heart saver automated external defibrillator course for the lay rescuer and first responder, in effect as of December 31, 1998, adopted by the American heart association or an equivalent course that meets the same objectives.
    4. Ensure that the automated external defibrillator is maintained in good working order and tested according to the manufacturer's guidelines.
  3. For the purposes of this section, "trained responder" means a person who meets the requirements of subsection B, paragraph 3 of this section.

Arizona Revised Statutes § 34-401

  1. Any state building that is constructed or any state building that undergoes a major renovation at a cost of at least two hundred fifty thousand dollars after the effective date of this section must be equipped with automated external defibrillators.
  2. For fiscal year 2003-2004 and each fiscal year thereafter, the joint legislative budget committee and the Governor's office of strategic planning and budgeting shall include funding for the placement of automated external defibrillators in capital budgets for new state buildings.

Source

Laws and statutes for the state of Arkansas regarding AEDs and defibrillators can be found below. Statutes of particular importance and interest have been highlighted for your convenience.

Arkansas Code § 20-13-1301

This subchapter may be cited as the "Public Access to Automated External Defibrillation Act".

Arkansas Code § 20-13-1302

The General Assembly finds that early defibrillation can sustain the life of and temporarily stabilize a person in cardiac arrest, thus helping to preserve the Arkansas family. It is the intent of the General Assembly that the public have access to automated external defibrillators for the purpose of saving the lives of persons in cardiac arrest.

Arkansas Code § 20-13-1303

As used in this subchapter:

  1. "Automated external defibrillator" means a device that:
    1. Is used to administer an electric shock through the chest wall to the heart;
    2. Has built-in computers within the device to assess the patient's heart rhythm, judge whether defibrillation is needed, and then administer the shock;
    3. Has audible or visual prompts, or both, to guide the user through the process;
    4. Has received approval from the United States Food and Drug Administration of its premarket modification, filed pursuant to 21 U.S.C. § 360(k);
    5. Is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia and is capable of determining without intervention by an operator whether defibrillation should be performed; and
    6. Upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual's heart or charges and delivers an electrical impulse at the command of the operator;
  2. "Cardiac arrest" means a condition, often sudden, that is due to abnormal heart rhythms called arrhythmias. It is generally the result of some underlying form of heart disease;
  3. "Cardiopulmonary resuscitation" means a combination of rescue breathing and chest compressions and external cardiac massage used to sustain a person's life until advanced assistance arrives;
  4. "Defibrillation" means administering an electrical impulse to an individual's heart in order to stop ventricular fibrillation or rapid ventricular tachycardia;
  5. "Emergency medical services" means the transportation and medical care provided the ill or injured prior to arrival at a medical facility by a certified emergency medical technician or other health care provider and continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility;
  6. "Person" means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not; and
  7. "Ventricular fibrillation" means the most common arrhythmia that causes cardiac arrest. It is a condition in which the heart's electrical impulses suddenly become chaotic, often without warning, causing the heart's pumping action to stop abruptly.

Arkansas Code § 20-13-1304

  1. In order to ensure the public health and safety, a person or entity who acquires an automated external defibrillator shall ensure that:
    1. Expected automated external defibrillator users complete appropriate knowledge and skills courses at least one (1) time every two (2) years in cardiopulmonary resuscitation and automated external defibrillator use based upon current American Heart Association scientific guidelines, standards, and recommendations for providing cardiopulmonary resuscitation and the use of automated external defibrillators as published in American Heart Association, American Red Cross, or equivalent course materials;
    2. The defibrillator is maintained and tested according to the manufacturer's operational guidelines and instructions; and
    3. Any person who renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical services system as soon as possible and immediately reports any clinical use of the automated external defibrillator to the medical provider responding to the emergency.
  2. Any person or entity who acquires an automated external defibrillator shall notify an agent of emergency communications, 911, or vehicle dispatch center of the existence, location, and type of automated external defibrillator.

Arkansas Code § 20-13-1305

  1. Any person or entity who in good faith and without compensation renders emergency care or treatment by the use of an automated external defibrillator is immune from civil liability for any personal injury as a result of the care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.
    1. A physician or medical facility that is involved with automated external defibrillator placement;
    2. Any person or entity that provides cardiopulmonary resuscitation and automated external defibrillator training to the person or entity acquiring an automated external defibrillator; and
    3. The person or entity responsible for the location where the automated external defibrillator is located or used.
  2. The immunity from civil liability for any personal injury under subsection (a) of this section includes:
  3. The immunity from civil liability under subsection (a) of this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care.
  4. The requirements of § 20-13-1304 do not apply to any individual using an automated external defibrillator in an emergency setting if that individual is acting as a "Good Samaritan" under the provisions of either § 17-95-101 or § 17-95-106.

Arkansas Code § 20-13-1306

  1. As used in this section, "health spa" means any person, firm, corporation, organization, club, or association engaged in the sale of:
  2.  
    1. Each health spa shall have at least one (1) automated external defibrillator on the premises.
    2. The defibrillator shall at all times be placed in the location that best provides accessibility to staff, members, and guests.
    3. At all times during staffed business hours, the spa shall ensure that at least one (1) employee who has completed a knowledge and skills course in operating an automated external defibrillator and in cardiopulmonary resuscitation is assigned to be on duty.
    4. An unstaffed health spa shall have on the premises:
      1. A telephone for 911 telephone call access;
      2. An advisory warning that indicates that members of the unstaffed health spa should be aware that working out alone may pose risks to the health spa member's health and safety; and
    5. In plain view:
      1. A sign indicating the location of the automated external defibrillator; and
      2. A sign providing instruction in the use of the automated external defibrillator and in cardiopulmonary resuscitation.
      3. No cause of action against a health spa or its employees may arise in connection with the use or nonuse of an automated external defibrillator unless the health spa has:
        1. Failed to purchase an automated external defibrillator as required under this section; or
        2. Acted with gross negligence in the use of an automated external defibrillator.
      4. If a health spa does not comply with this section, any contract for health spa services shall be voidable at the option of the buyer.

Arkansas Code § 17-95-101 (Good Samaritan Law)

  1. Any health care professional under the laws of the State of Arkansas who in good faith lends emergency care or assistance without compensation at the place of an emergency or accident shall not be liable for any civil damages for acts or omissions performed in good faith so long as any act or omission resulting from the rendering of emergency assistance or services was not grossly negligent or willful misconduct.
  2. Any person who is not a health care professional who is present at an emergency or accident scene and who:
    1. Believes that the life, health, and safety of an injured person or a person who is under imminent threat of danger could be aided by reasonable and accessible emergency procedures under the circumstances existing at the scene thereof; and
    2. Proceeds to lend emergency assistance or service in a manner calculated in good faith to lessen or remove the immediate threat to the life, health, or safety of such a person, shall not be held liable in civil damages in any action in this state for any act or omission resulting from the rendering of emergency assistance or services unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct.
  3. No health care professional who in good faith and without compensation renders voluntary emergency assistance to a participant in a school athletic event or contest at the site thereof or during transportation to a health care facility for an injury suffered in the course of the event or contest shall be liable for any civil damages as a result of any acts or omissions by that health care professional in rendering the emergency care. The immunity granted by this subsection shall not apply in the event of an act or omission constituting gross negligence.
  4. For the purposes of this section, "health care professional" means a licensed physician, chiropractic physician, dentist, optometric physician, podiatric physician, and any other licensed health care professional.

Arkansas Code § 6-10-122

  1.  
    1. The State Board of Education shall promulgate rules to require that:
      1. Each school campus have an automated external defibrillator;
      2. Appropriate school personnel be adequately trained on or before May 31, 2011;  and
      3. After May 31, 2011, appropriate school personnel be adequately trained on an ongoing basis.
    2. To enhance the potential life-saving capability of each automated external defibrillator, the rules shall include without limitation provisions regarding the availability of the school's automated external defibrillator at school-related activities, such as athletic events.
  2. To minimize the financial impact on school districts, each school district may apply for a grant from the Department of Health to purchase an automated external defibrillator or related equipment or to provide training to its personnel, or any combination of purchase of an automated external defibrillator or related equipment or provision of training to personnel.
  3. Beginning in 2011, the Commissioner of Education shall provide a report to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor on or before July 1 each year regarding the implementation of this section and the status of automated external defibrillator availability on each school campus.
C

All AED laws and statutes for the state of California can be found below. Statutes of particular importance have been highlighted in red for your convenience.

California Civil Code § 1714.21

  1. For purposes of this section, the following definitions shall apply:
    1. "AED" or "defibrillator" means an automated or automatic external defibrillator.
    2. "CPR" means cardiopulmonary resuscitation.
  2. Any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an AED at the scene of an emergency is not liable for any civil damages resulting from any acts or omissions in rendering the emergency care.
  3. A person or entity who provides CPR and AED training to a person who renders emergency care pursuant to subdivision (b) is not liable for any civil damages resulting from any acts or omissions of the person rendering the emergency care.
  4. A person or entity that acquires an AED for emergency use pursuant to this section is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED, if that person or entity has complied with subdivision (b) of Section 1797.196 of the Health and Safety Code.
  5. A physician who is involved with the placement of an AED and any person or entity responsible for the site where an AED is located is not liable for any civil damages resulting from any acts or omissions of a person who renders emergency care pursuant to subdivision (b), if that physician, person, or entity has complied with all of the requirements of Section 1797.196 of the Health and Safety Code that apply to that physician, person, or entity.
  6. The protections specified in this section do not apply in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED.
  7. Nothing in this section shall relieve a manufacturer, designer, developer, distributor, installer, or supplier of an AED or defibrillator of any liability under any applicable statute or rule of law.

California Health & Safety Code § 1797.190

The [Emergency Medical Services] authority may establish minimum standards for the training and use of automatic external defibrillators.

California Health & Safety Code § 1797.196

Section 1797.196 of the Health and Safety Code, as amended by Section 1 of Chapter 85 of the Statutes of 2006, is amended to read:

  1. For purposes of this section, "AED" or "defibrillator" means an automated or automatic external defibrillator.
  2. In order to ensure public safety, any person or entity that acquires an AED is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care under subdivision (b) of Section 1714.21 of the Civil Code, if that person or entity does all of the following:
    1. Complies with all regulations governing the placement of an AED.
    2. Ensures all of the following:
      1. That the AED is maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association, and the American Red Cross, and according to any applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority.
      2. That the AED is checked for readiness after each use and at least once every 30 days if the AED has not been used in the preceding 30 days. Records of these checks shall be maintained.
      3. That any person who renders emergency care or treatment on a person in cardiac arrest by using an AED activates the emergency medical services system as soon as possible, and reports any use of the AED to the licensed physician and to the local EMS agency.
      4. For every AED unit acquired up to five units, no less than one employee per AED unit shall complete a training course in cardiopulmonary resuscitation and AED use that complies with the regulations adopted by the Emergency Medical Service Authority and the standards of the American Heart Association or the American Red Cross. After the first five AED units are acquired, for each additional five AED units acquired, one employee shall be trained beginning with the first AED unit acquired. Acquirers of AED units shall have trained employees who should be available to respond to an emergency that may involve the use of an AED unit during normal operating hours.
      5. That there is a written plan that describes the procedures to be followed in the event of an emergency that may involve the use of an AED, to ensure compliance with the requirements of this section. The written plan shall include, but not be limited to, immediate notification of 911 and trained office personnel at the start of AED procedures.
    3. When an AED is placed in a building, building owners shall ensure that tenants annually receive a brochure, approved as to content and style by the American Heart Association or American Red Cross, which describes the proper use of an AED, and also ensure that similar information is posted next to any installed AED.
    4. When an AED is placed in a building, no less than once a year, building owners shall notify their tenants as to the location of AED units in the building.
    5. When an AED is placed in a public or private K-12 school, the principal shall ensure that the school administrators and staff annually receive a brochure, approved as to content and style by the American Heart Association or the American Red Cross, that describes the proper use of an AED. The principal shall also ensure that similar information is posted next to every AED. The principal shall, at least annually, notify school employees as to the location of all AED units on the campus. The principal shall designate the trained employees who shall be available to respond to an emergency that may involve the use of an AED during normal operating hours. As used in this paragraph, "normal operating hours" means during the hours of classroom instruction and any school-sponsored activity occurring on school grounds.
  3. Any person or entity that supplies an AED shall do all of the following:
    1. Notify an agent of the local EMS agency of the existence, location, and type of AED acquired.
    2. Provide to the acquirer of the AED all information governing the use, installation, operation, training, and maintenance of the AED.
  4. A violation of this provision is not subject to penalties pursuant to Section 1798.206.
  5. The protections specified in this section do not apply in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment by the use of an AED.
  6. Nothing in this section or Section 1714.21 of the Civil Code may be construed to require a building owner or a building manager to acquire and have installed an AED in any building.

California Health & Safety Code § 104113 – Health Studios

The people of the state of California do enact as follows:

SECTION 1. Section 104113 of the Health and Safety Code is amended to read:

  1. Every health studio, as defined in subdivision (h),shall acquire, maintain, and train personnel in the use of, an automatic external defibrillator pursuant to this section.
  2. An employee of a health studio who renders emergency care or treatment is not liable for civil damages resulting from the use, attempted use, or nonuse of an automatic external defibrillator, except as provided in subdivision (f).
  3. When an employee uses, does not use, or attempts to use an automatic external defibrillator consistent with the requirements of this section to render emergency care or treatment, the members of the board of directors of the facility shall not be liable for civil damages resulting from an act or omission in rendering the emergency care or treatment, including the use or nonuse of an automatic external defibrillator, except as provided in subdivision (f).
  4. Except as provided in subdivisions (f) and (g), when an employee of a health studio renders emergency care or treatment using an automatic external defibrillator, the owners, managers, employees, or otherwise responsible authorities of the facility shall not be liable for civil damages resulting from an act or omission in the course of rendering that emergency care or treatment, provided that the facility fully complies with subdivision (e).
  5. Notwithstanding Section 1797.196, in order to ensure public safety, a health studio shall do all of the following:
    1. Comply with all regulations governing the placement of an automatic external defibrillator.
    2. Ensure all of the following:
      1. The automatic external defibrillator is maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association, or the American Red Cross, and according to any applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority.
      2. The automatic external defibrillator is checked for readiness after each use and at least once every 30 days if the automatic external defibrillator has not been used in the preceding 30 days. The health studio shall maintain records of these checks.
      3. A person who renders emergency care or treatment to a person in cardiac arrest by using an automatic external defibrillator activates the emergency medical services system as soon as possible, and reports the use of the automatic external defibrillator to the licensed physician and to the local EMS agency.
      4. For every automatic external defibrillator unit acquired, up to five units, no less than one employee per automatic external defibrillator unit shall complete a training course in cardiopulmonary resuscitation and automatic external defibrillator use that complies with the regulations adopted by the Emergency Medical Services Authority and the standards of the American Heart Association or the American Red Cross. After the first five automatic external defibrillator units are acquired, for each additional five automatic external defibrillator units acquired, a minimum of one employee shall be trained beginning with the first additional automatic external defibrillator unit acquired. Acquirers of automatic external defibrillator units shall have trained employees who should be available to respond to an emergency that may involve the use of an automatic external defibrillator unit during staffed operating hours. Acquirers of automatic external defibrillator units may need to train additional employees to ensure that a trained employee is available at all times.
      5. There is a written plan that exists that describes the procedures to be followed in the event of an emergency that may involve the use of an automatic external defibrillator, to ensure compliance with the requirements of this section. The written plan shall include, but not be limited to, immediate notification of 911 and trained office personnel at the start of automatic external defibrillator procedures.
    3. A health studio that allows its members access to its facility during times when it does not have an employee on the premises shall do all of the following:
      1. Require that all employees who work on the health studio's premises complete a training course, within 30 days of beginning employment, in cardiopulmonary resuscitation and automated external defibrillator use, that complies with the regulations adopted by the Emergency Medical Services Authority, and the Standards of the American Heart Association or the American Red Cross.
      2. Ensure that a trained employee is on the health studio's premises for no fewer than 50 hours per week.
      3. Inform a member, at the time the member contracts for the use of the health studio, that a trained employee will not be on the health studio's premises at all times.
      4.  
        1. On or before January 1, 2012, and before January 1 of each of the following three years, the health studio shall provide a report to the Assembly and Senate Judiciary Committees of the Legislature that contains the following:
        2. The average number of hours per week that the health studio is staffed.
        3. The average number of hours per week that the health studio was staffed prior to the adoption of this section.
        4. The total number of reported cardiac incidents that have occurred during unstaffed hours, and whether any of these incidents resulted in death.
        5. The franchisor for a chain of franchised health studios shall collect and report the information pursuant to this subparagraph on behalf of its franchised health studios operated in this state.
      5. Deny access to the health studio when an employee is not present if the health studio operates in a space that is larger than 6,000 square feet.
      6. Subdivisions (b), (c), and (d) do not apply in the case of personal injury or wrongful death that results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or maliciously fails to use an automatic external defibrillator to render emergency care or treatment.
      7. A health studio that allows its members access to its facilities during operating hours when employees trained in the use of automatic external defibrillators are not on the facility premises, waives the provisions of subdivision (d) and the affirmative defense of primary assumption of the risk, whether express or implied, as to a claim arising out of the absence of trained staff.
      8. For purposes of this section, "health studio" means a facility permitting the use of its facilities and equipment or access to its facilities and equipment, to individuals or groups for physical exercise, body building, reducing, figure development, fitness training, or any other similar purpose, on a membership basis.
      9. "Health studio" does not include a hotel or similar business that offers fitness facilities to its registered guests for a fee or as part of the hotel charges.

California Civil Code § 1538.55

  1. The licensee of an Adult Residential Facility for Persons with Special Health Care Needs (ARFPSHN), licensed pursuant to Article 9 (commencing with Section 1567.50), shall report to the department's Community Care Licensing Division, within the department' s next working day and to the regional center with whom the ARFPSHN contracts, and the State Department of Developmental Services, within 24 hours upon the occurrence of any of the following events:
    1. The death of any client from any cause.
    2. The use of an automated external defibrillator.
    3. Any injury to any client that requires medical treatment.
    4. Any unusual incident that threatens the physical or emotional health or safety of any client.
    5. Any suspected physical or psychological abuse of any client.
    6. Epidemic outbreaks.
    7. Poisonings.
    8. Catastrophes.
    9. Fires or explosions that occur in or on the premises.
  2. The licensee additionally shall submit a written report to the department's Community Care Licensing Division, the regional center with whom the ARFPSHN contracts, and the State Department of Developmental Services within seven days following any event set forth in subdivision (a), and shall include the following:
    1. Client's name, age, sex, and date of admission.
    2. The date and nature of event.
    3. The attending physician's name, findings, and treatment, if any.
    4. The disposition of the case.
  3. The department's Community Care Licensing Division shall notify the State Department of Developmental Services upon its findings of any deficiencies or of possible actions to exclude, pursuant to Section 1558, any individual from an ARFPSHN.

California Code of Regulations Title 22, §§ 100031-100043

ARTICLE 1. DEFINITIONS

100031. AED Service Provider.
"AED Service Provider" means any agency, business, organization or individual who purchases an AED for use in a medical emergency involving an unconscious, person who has no signs of circulation. This definition does not apply to individuals who have been prescribed an AED by a physician for use on a specifically identified individual.

100032. Authorized Individual.
"Authorized individual" means any person, not otherwise licensed or certified to use the automated external defibrillator, who has met the training standards of this chapter, and who has been issued a prescription for use of an automated external defibrillator on a patient not specifically identified at the time the physician's prescription is given.

100033. Automated External Defibrillator.
"Automated external defibrillator" or "AED" means an external defibrillator that after user activation is capable of cardiac rhythm analysis and will charge and deliver a shock, either automatically or by user interaction, after electronically detecting and assessing ventricular fibrillation or rapid ventricular tachycardia.

100034. Cardiopulmonary Resuscitation.
"Cardiopulmonary resuscitation" or "CPR" means a basic emergency procedure for life support, consisting of artificial respiration, manual external cardiac massage, and maneuvers for relief of foreign body airway obstruction.

100035. Internal Emergency Response System.
"Internal Emergency Response System" means a plan of action which utilizes responders within a facility to activate the "9-1-1" emergency system, and which provides for the access, coordination, and management of immediate medical care to seriously ill or injured individuals.

100036. Prescribing Physician.
"Prescribing physician" means a physician and surgeon, licensed in California, who issues a written order for the use of the automated external defibrillator to authorized individual(s).

ARTICLE 2. GENERAL TRAINING PROVISIONS

100037. Application and Scope.

  1. Any physician and surgeon licensed in California may authorize an individual to apply and operate an AED on an unconscious person who has no signs of circulation only if that authorized individual has been successfully trained according to the standards prescribed by this chapter.
  2. The training standards prescribed by this chapter shall not apply to licensed, certified or other prehospital emergency medical care personnel as defined by section 1797.189 of the Health and Safety Code.

ARTICLE 3. AED TRAINING PROGRAM REQUIREMENTS

100038. Required Hours and Topics.

  1. The AED training component shall comply with the American Heart Association or American Red Cross standards. The course shall consist of not less than four hours, which shall include the following topics and skills:
    1. basic CPR skills
    2. proper use, maintenance and periodic inspection of the AED;
    3. the importance of:
      1. CPR,
      2. defribilation,
      3. advanced life support,
      4. adequate airway care, and
      5. internal emergency response system, if applicable;
    4. overview of the local EMS system, including 9-1-1 access, and interaction with EMS personnel;
    5. assessment of an unconscious patient, to include evaluation of airway, breathing and circulation, to determine if cardiac arrest has occurred and the appropriateness of applying and activating an AED;
    6. information relating to defibrillator safety precautions to enable the individual to administer shock without jeopardizing the safety of the patient or the authorized individual or other nearby persons to include, but not be limited to;
      1. age and weight restrictions for use of the AED,
      2. presence of water or liquid on or around the victim,
      3. presence of transdermal medications, and
      4. implantable pacemakers or automatic implantable cardioverter- defibrillators;
    7. recognition that an electrical shock has been delivered to the patient and that the defibrillator is no longer charged;
    8. rapid, accurate assessment of the patient's post-shock status to determine if further activation of the AED is necessary; and,
    9. authorized individual's responsibility for continuation of care, such as the repeated shocks if necessary, and/or accompaniment to the hospital, if indicated, or until the arrival of more medically qualified personnel.

100039. Medical Director Requirements.

Any AED training course for non-licensed or non-certified personnel shall have a physician medical director who:

  1. Meets the qualifications of a prescribing physician.
  2. Shall approve a process to ensure instructors are properly qualified to the AED instructor standards established by the American Heart Association or the American Red Cross and ensure that instructors are trained to the course content.
  3. Shall ensure that all courses meet the requirements of this chapter.
  4. May also serve as the "prescribing physician."

100040. Testing.
In order for an individual to be authorized to use the AED, the individual shall pass a written and skills examination, which tests the ability to assess and manage the specified conditions prescribed in section 100038.

100041. Written Validation.
The prescribing physician shall issue to the authorized individual a written validation or other documented proof of the authorized individual's ability to use an AED. The requirements for a "Written Validation" and "Prescription for Use" can both be satisfied by the issuance of a written certification card from an AED training program. The prescribing physician's signature shall be on file with the AED training program authorizing the issuance of the written certification card upon successful completion of the required training.

ARTICLE 4. OPERATIONAL AED SERVICE PROVIDER/VENDOR REQUIREMENTS

100042. Operational Requirements.

  1. An AED Service Provider shall ensure their internal AED programs include all of the following:
    1. Development of an Internal Emergency Response System which complies with the regulations contained in this Chapter.
    2. Notification of the local EMS agency of the existence, location and type of AED at the time it is acquired.
    3. That all applicable local EMS policies and procedures are followed.
    4. That expected AED users complete a training course in CPR and AED use that complies with requirements of this chapter and the standards of the American Heart Association or the American Red Cross.
    5. That the defibrillator is maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, and according to any applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority.
    6. That the defibrillator is checked for readiness after each use and at least once every 30 days if the AED has not been used in the previous 30 days. Records of these periodic checks shall be maintained.
    7. That a mechanism exists to ensure that any person, either an employee or agent of the AED service provider, or member of the general public who renders emergency care or treatment on a person in cardiac arrest by using the service provider's AED activates the emergency medical services system as soon as possible, and reports any use of the AED to the local EMS agency.
    8. That there is involvement of a California licensed physician and surgeon in developing an Internal Emergency Response System and to ensure compliance with these regulations and requirements for training, notification and maintenance.
    9. That a mechanism exist that will assure the continued competency of the authorized individuals in the AED Service Provider's employ to include periodic training and skills proficiency demonstrations.

100043. AED Vendor Requirements
Any AED vendor who sells an AED to an AED Service Provider shall notify the AED Service Provider, at the time of purchase, both orally and in writing of the AED Service Provider's responsibility to comply with the regulations contained in the Chapter.

All laws and statutes pertaining to AEDs and defibrillators within the state of Colorado can be found below. Statutes of particular interest or importance have been highlighted for your convenience.

Colorado Revised Statute § 13-21-108

  1. Any person licensed as a physician and surgeon under the laws of the state of Colorado, or any other person, who in good faith renders emergency care or emergency assistance to a person not presently his patient without compensation at the place of an emergency or accident, including a health care institution as defined in section 13-64-202(3), shall not be liable for any civil damages for acts or omissions made in good faith as a result of the rendering of such emergency care or emergency assistance during the emergency, unless the acts or omissions were grossly negligent or willful and wanton. This section shall not apply to any person who renders such emergency care or emergency assistance to a patient he is otherwise obligated to cover.

Colorado Revised Statute § 13-21-108.1, SB 09-010

Persons rendering emergency assistance through the use of automated external defibrillators - limited immunity

  1. The general assembly hereby declares that it is the intent of the general assembly to encourage the use of automated external defibrillators for the purpose of saving the lives of people in cardiac arrest.
  2. As used in this section, unless the context otherwise requires:
    1. "AED" or "defibrillator" means an automated external defibrillator that:
      1. Has received approval of its premarket notification filed pursuant to 21 U.S.C. sec. 360 (k), from the federal food and drug administration;
      2. 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
      3. Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.
    2. "Licensed physician" means a physician licensed to practice medicine in this state.
  3.  
    1. In order to ensure public health and safety, a person or entity who acquires an AED shall ensure that:
      1. Expected AED users receive training in cardiopulmonary resuscitation (CPR) and AED use through a course that meets nationally recognized standards and is approved by the department of public health and environment;
      2. The defibrillator is maintained and tested according to the manufacturer's operational guidelines and that written records are maintained of this maintenance and testing;
      3. (Deleted by amendment, L. 2009, (SB 09-010), ch. 52, p. 186, § 1, effective March 25, 2009.)
      4. Written plans are in place concerning the placement of AEDs, training of personnel, pre-planned coordination with the emergency medical services system, medical oversight, AED maintenance, identification of personnel authorized to use AEDs, and reporting of AED utilization, which written plans have been reviewed and approved by a licensed physician; and
      5. Any person who renders emergency care or treatment to a person in cardiac arrest by using an AED activates the emergency medical services system as soon as possible.
    2. Any person or entity that acquires an AED shall notify an agent of the applicable emergency communications or vehicle dispatch center of the existence, location, and type of AED.
  4.  
    1. Any person or entity whose primary duties do not include the provision of health care and who, in good faith and without compensation, renders emergency care or treatment by the use of an AED shall not be liable for any civil damages for acts or omissions made in good faith as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment, unless the acts or omissions were grossly negligent or willful and wanton.
    2. The limited immunity provided in paragraph (a) of this subsection (4) extends to:
      1. The licensed physician who reviewed and approved the written plans described in subparagraph (IV) of paragraph (a) of subsection (3) of this section;
      2. The person or entity who provides the CPR and AED site placement;
      3. Any person or entity that provides teaching or training programs for CPR to the site at which the AED is placed, which programs include training in the use of an AED; and
      4. The person or entity responsible for the site where the AED is located.
    3. The limited immunity provided in this subsection (4) applies regardless of whether the requirements of subsection (3) of this section are met; except that the person or entity responsible for the site where the AED is located shall receive the limited immunity only if the requirements of subparagraph (II) of paragraph (a) of subsection (3) of this section are met.
  5. The requirements of subsection (3) of this section shall not apply to any individual using an AED during a medical emergency if that individual is acting as a good Samaritan under section 13-21-108.

Colorado Revised Statute § 22-1-125 "David's Law"

Automated external defibrillators in public schools.

  1. The general assembly hereby declares that it is the intent of the general assembly to encourage school districts to acquire and maintain automated external defibrillators on public school grounds. The general assembly finds that it is in the best interest of students, staff, and visitors to a public school to ensure that automated external defibrillators are available in public schools for use in emergency situations.
  2. As used in this section, unless the context otherwise requires, "automated external defibrillator" shall have the same definition as provided in section 13-21-108.1(2) (a), C.R.S.
  3.  
    1. Each school district is encouraged to acquire an automated external defibrillator for placement in each public school of the school district and in each athletic facility maintained by the school district at a location separate from a public school.
    2. A school district shall accept a donation of an automated external defibrillator that meets standards established by the federal food and drug administration and is in compliance with the manufacturer's maintenance schedule. A school district shall also accept gifts, grants, and donations, including in-kind donations, designated for obtaining an automated external defibrillator, and for inspection, maintenance, and training in the use of an automated external defibrillator as required in subsection (5) of this section.
    3. Any automated external defibrillator acquired by a school district shall be appropriate for use on children and adults.
  4. Use of an automated external defibrillator donated to or purchased by a school district is limited to school property and school events.
  5. To ensure public health and safety, a school district that acquires an automated external defibrillator shall meet the requirements set forth in section 13-21-108.1(3), C.R.S., and shall reference the requirements of that section in the school district's safety, readiness, and incident management plan pursuant to section 22-32-109.1(4) (d).
  6. Pursuant to section 13-21-108.1(4), C.R.S., a person or entity whose primary duties do not include the provision of health care and who, in good faith and without compensation, renders emergency care or treatment by the use of an automated external defibrillator shall not be liable for any civil damages for acts or omissions made in good faith as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment, unless the acts or omissions are grossly negligent or willful and wanton.
  7. The requirements of subsection (5) of this section shall not apply to an individual using an automated external defibrillator during a medical emergency if that individual is acting as a good Samaritan under section 13-21-108, C.R.S.

Here you will find all of Connecticut's statutes and laws concerning AEDs. For your convenience we've highlighted some of the statutes that have greater significance.

Connecticut General Statutes § 52-557b

  1. A person licensed to practice medicine and surgery under the provisions of chapter 370 or dentistry under the provisions of section 20-106 or members of the same professions licensed to practice in any other state of the United States, a person licensed as a registered nurse under section 20-93 or 20-94 or certified as a licensed practical nurse under section 20-96 or 20-97, a medical technician or any person operating a cardiopulmonary resuscitator or a person trained in cardiopulmonary resuscitation or in the use of an automatic external defibrillator in accordance with the standards set forth by the American Red Cross or American Heart Association, who, voluntarily and gratuitously and other than in the ordinary course of such person's employment or practice, renders emergency medical or professional assistance to a person in need thereof, shall not be liable to such person assisted for civil damages for any personal injuries which result from acts or omissions by such person in rendering the emergency care, which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross, willful or wanton negligence.
     
    For the purposes of this subsection, "automatic external defibrillator" means a device that:
    1. Is used to administer an electric shock through the chest wall to the heart;
    2. contains internal decision-making electronics, microcomputers or special software that allows it to interpret physiologic signals, make medical diagnosis and, if necessary, apply therapy;
    3. guides the user through the process of using the device by audible or visual prompts; and
    4. does not require the user to employ any discretion or judgment in its use.

Connecticut General Statutes § 19a-197c

Each public golf course, as defined in section 30-33, shall provide and maintain in a central location on the premises of the public golf course, at least one automatic external defibrillator, as defined in section 19a-175. (Effective October 1, 2006)

Connecticut General Statutes § 19a-175

  1. "Automatic external defibrillator" means a device that:
    1. Is used to administer an electric shock through the chest wall to the heart;
    2. contains internal decision-making electronics, microcomputers or special software that allows it to interpret physiologic signals, make medical diagnosis and, if necessary, apply therapy;
    3. guides the user through the process of using the device by audible or visual prompts; and
    4. does not require the user to employ any discretion or judgment in its use;

Sec. 4. Subsection (d) of section 10-16b of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

  1. The State Board of Education shall make available curriculum materials and such other materials as may assist local and regional boards of education in developing instructional programs pursuant to this section. The State Board of Education, within available appropriations and utilizing available resource materials, shall assist and encourage local and regional boards of education to include: (1) Holocaust and genocide education and awareness; (2) the historical events surrounding the Great Famine in Ireland; (3) African-American history; (4) Puerto Rican history; (5) Native American history; (6) personal financial management; (7) training in cardiopulmonary resuscitation and the use of automatic external defibrillators; and (8) topics approved by the state board upon the request of local or regional boards of education as part of the program of instruction offered pursuant to subsection (a) of this section.

Section 7-60 of the General Statutes

Sec. 16. (NEW) (Effective October 1, 2012)

  1. Not later than January 1, 2013, the athletic department of each institution of higher education shall develop and implement a policy consistent with this section concerning the availability and use of an automatic external defibrillator during intercollegiate sport practice, training and competition.
  2. Each athletic department of an institution of higher education shall:
    1.  
      1. provide and maintain in a central location that is not more than one-quarter mile from the premises used by the athletic department at least one automatic external defibrillator, as defined in section 19a-175 of the general statutes, and
      2. make such central location known and accessible to employees and student-athletes of such institution of higher education during all hours of intercollegiate sport practice, training and competition,
    2. ensure that at least one licensed athletic trainer or other person who is trained in cardiopulmonary resuscitation and the use of an automatic external defibrillator in accordance with the standards set forth by the American Red Cross or American Heart Association is on the premises used by the athletic department during all hours of intercollegiate sport practice, training and competition,
    3. maintain and test the automatic external defibrillator in accordance with the manufacturer's guidelines, and
    4. promptly notify a local emergency medical services provider after each use of such automatic external defibrillator.

As used in this section, "the premises used by the athletic department" means those premises that are used for intercollegiate sport practice, training or competition and may include, but need not be limited to, an athletic building or room, gymnasium, athletic field or stadium; and "intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics.

D - H

The following laws and statues of Delaware apply to AEDs and defibrillators. We've highlighted some of the particularly important statues for your convenience.

Delaware Code § 3001C

The General Assembly of the State has found that each year more than 350,000 Americans experience out-of-hospital sudden cardiac arrest. More than 95% of them die. In many cases, people die because life saving defibrillators arrive on the scene too late, if at all.

It is estimated that more than 100,000 deaths could be prevented each year if defibrillators were more widely available to designated users (responders). Many communities around the country have invested in 911 emergency response systems, emergency personnel and ambulance vehicles. However, many of these same communities do not have enough defibrillators. It is therefore the intent of this General Assembly to encourage greater acquisition, deployment and use of automated external defibrillators in communities within the State.

Delaware Code § 3002C

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them herein, except where the context clearly indicates a different meaning:

  1. "Automated external defibrillator," (AED) shall mean a medical device which is both a heart monitor and defibrillator that has received approval of its premarket notification, filed with the Food and Drug Administration pursuant to United States Code, Title 21, section 360(k).
  2. "Records" shall mean the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data and other documentation generated by the State EMS Medical Director.

Delaware Code § 3003C

  1. Any entity to whom AEDs are distributed shall insure that:
    1. Each prospective defibrillator user receives appropriate training by the American Red Cross, the American Heart Association, Delaware State Fire School or by another nationally recognized provider of training for cardio-pulmonary resuscitation and AED use; provided however, that such training shall be approved by the State EMS Medical Director;
    2. The defibrillator is maintained and tested according to the manufacturer's guidelines; and
    3. Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED shall notify the appropriate EMS units as soon as possible and report any clinical use of the AED to the appropriate licensed physician or medical authority.
  2. The State EMS Medical Director shall maintain a file containing the name of each person or entity that acquires an AED with State funding.

Delaware Code § 3004C

All quality management proceedings shall be confidential. Records of the State EMS Medical Director, and EMS quality care review committee relating to AED reviews and audits shall be confidential and privileged, are protected, and are not subject to discovery, subpoena or admission into evidence in any judicial or administrative proceeding. Raw data used in any AED review or audit shall not be available for public inspection; nor is such raw data a "public record" as set forth in the Delaware Freedom of Information Act.

Delaware Code § 3005C

  1. Any person or entity, who in good faith and without compensation, renders emergency care or treatment by the use of an AED shall be immune from civil liability for any personal injury as a result of such care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment, if such person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances and such act or acts do not amount to willful or wanton misconduct or gross negligence.
  2. Any individual who authorizes the purchase of an AED, any person or entity who provides training in cardiopulmonary resuscitation and the use of an AED, and any person or entity responsible for the site where the AED is located shall be immune from civil liability for any personal injury that results from any act or omission that does not amount to wiLlful or wanton misconduct or gross negligence.

Delaware Code § 9705

  1. The Department of Health and Social Services shall promulgate regulations specific to the use of semi-automatic external defibrillators and shall seek input and review from the Board of Medical Practice, the Delaware EMS Oversight Council and the Delaware State Fire Prevention Commission.
  2. The Office shall coordinate a statewide effort to promote and implement widespread use of semi-automatic external defibrillators and cardio-pulmonary resuscitation to increase the number of publicly available SAEDs to 100 by January 1, 2002, and 200 by January 1, 2004. In addition, the Office shall coordinate a statewide effort to provide, train and maintain a minimum of 5 qualified individuals for each publicly available SAED.
  3. All law enforcement vehicles on patrol shall be equipped with a semi-automatic external defibrillator by January 1, 2001, subject to appropriations.

Florida actually has a long list of laws pertaining to AEDs and defibrillators, as you can see below. And though it is your responsibility to be familiar with them all, we've highlighted some of the key statutes for your convenience.

Florida Statutes § 768.1325

Cardiac Arrest Survival Act; immunity from civil liability.

  1. This section may be cited as the "Cardiac Arrest Survival Act."
  2. As used in this section:
    1. "Perceived medical emergency" means circumstances in which the behavior of an individual leads a reasonable person to believe that the individual is experiencing a life-threatening medical condition that requires an immediate medical response regarding the heart or other cardiopulmonary functioning of the individual.
    2. "Automated external defibrillator device" means a lifesaving defibrillator device that:
      1. Is commercially distributed in accordance with the Federal Food, Drug, and Cosmetic Act.
      2. Is capable of recognizing the presence or absence of ventricular fibrillation, and is capable of determining without intervention by the user of the device whether defibrillation should be performed.
      3. Upon determining that defibrillation should be performed, is able to deliver an electrical shock to an individual.
    3. "Harm" means damage or loss of any and all types, including, but not limited to, physical, nonphysical, economic, noneconomic, actual, compensatory, consequential, incidental, and punitive damages or losses.
  3. Notwithstanding any other provision of law to the contrary, and except as provided in subsection (4), any person who uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency, without objection of the victim of the perceived medical emergency, is immune from civil liability for any harm resulting from the use or attempted use of such device. In addition, notwithstanding any other provision of law to the contrary, and except as provided in subsection (4), any person who acquired the device and makes it available for use, including, but not limited to, a community association organized under chapter 617, chapter 718, chapter 719, chapter 720, chapter 721, or chapter 723, is immune from such liability, if the harm was not due to the failure of such person to:
    1. Properly maintain and test the device; or
    2. Provide appropriate training in the use of the device to an employee or agent of the acquirer when the employee or agent was the person who used the device on the victim, except that such requirement of training does not apply if:
      1. The device is equipped with audible, visual, or written instructions on its use, including any such visual or written instructions posted on or adjacent to the device;
      2. The employee or agent was not an employee or agent who would have been reasonably expected to use the device; or
      3. The period of time elapsing between the engagement of the person as an employee or agent and the occurrence of the harm, or between the acquisition of the device and the occurrence of the harm in any case in which the device was acquired after engagement of the employee or agent, was not a reasonably sufficient period in which to provide the training.
  4. Immunity under subsection (3) does not apply to a person if:
    1. The harm involved was caused by that person's willful or criminal misconduct, gross negligence, reckless disregard or misconduct, or a conscious, flagrant indifference to the rights or safety of the victim who was harmed;
    2. The person is a licensed or certified health professional who used the automated external defibrillator device while acting within the scope of the license or certification of the professional and within the scope of the employment or agency of the professional;
    3. The person is a hospital, clinic, or other entity whose primary purpose is providing health care directly to patients, and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent;
    4. The person is an acquirer of the device who leased the device to a health care entity, or who otherwise provided the device to such entity for compensation without selling the device to the entity, and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent; or
    5. The person is the manufacturer of the device.
  5. This section does not establish any cause of action. This section does not require that an automated external defibrillator device be placed at any building or other location or require an acquirer to make available on its premises one or more employees or agents trained in the use of the device.
  6. An insurer may not require an acquirer of an automated external defibrillator device which is a community association organized under chapter 617, chapter 718, chapter 719, chapter 720, chapter 721, or chapter 723 to purchase medical malpractice liability coverage as a condition of issuing any other coverage carried by the association, and an insurer may not exclude damages resulting from the use of an automated external defibrillator device from coverage under a general liability policy issued to an association.

Florida Statutes § 401.2915

It is the intent of the Legislature that an automated external defibrillator may be used by any person for the purpose of saving the life of another person in cardiac arrest. In order to achieve that goal, the Legislature intends to encourage training in lifesaving first aid and set standards for and encourage the use of automated external defibrillators.

  1. As used in this section, the term:
    1. "Automated external defibrillator" means a device as defined in s. 768.1325(2)(b).
    2. "Defibrillation" means the administration of a controlled electrical charge to the heart to restore a viable cardiac rhythm.
  2. In order to promote public health and safety:
    1. All persons who use an automated external defibrillator are encouraged to obtain appropriate training, to include completion of a course in cardiopulmonary resuscitation or successful completion of a basic first aid course that includes cardiopulmonary resuscitation training, and demonstrated proficiency in the use of an automated external defibrillator.
    2. Any person or entity in possession of an automated external defibrillator is encouraged to notify the local emergency medical services medical director of the location of the automated external defibrillator.
    3. Any person who uses an automated external defibrillator shall activate the emergency medical services system as soon as possible upon use of the automated external defibrillator.
  3. Any person who intentionally or willfully:
    1. Tampers with or otherwise renders an automated external defibrillator inoperative, except during such time as the automated external defibrillator is being serviced, tested, repaired, recharged, or inspected or except pursuant to court order; or
    2. Obliterates the serial number on an automated external defibrillator for purposes of falsifying service records, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Paragraph (a) does not apply to the owner of the automated external defibrillator or the owner's authorized representative or agent.
  4. Each local and state law enforcement vehicle may carry an automated external defibrillator.

Florida Statutes § 258.0165

Defibrillators in state parks.

  1. Each state park is encouraged to have on the premises at all times a functioning automated external defibrillator.
  2. State parks that provide automated external defibrillators shall ensure that employees and volunteers are properly trained in accordance with s. 401.2915.
  3. The location of each automated external defibrillator shall be registered with a local emergency medical services medical director.
  4. The use of automated external defibrillators by employees and volunteers shall be covered under the provisions of ss. 768.13 and 768.1325.
  5. The Division of Recreation and Parks may adopt rules pursuant to ss.120.536(1) and 120.54 to implement the provisions of this section.

Florida Statutes § 1006.165

  1. Each public school that is a member of the Florida High School Athletic Association must have an operational automated external defibrillator on the school grounds. Public and private partnerships are encouraged to cover the cost associated with the purchase and placement of the defibrillator and training in the use of the defibrillator.
  2. Each school must ensure that all employees or volunteers who are reasonably expected to use the device obtain appropriate training, including completion of a course in cardiopulmonary resuscitation or a basic first aid course that includes cardiopulmonary resuscitation training, and demonstrated proficiency in the use of an automated external defibrillator.
  3. The location of each automated external defibrillator must be registered with a local emergency medical services medical director.
  4. The use of automated external defibrillators by employees and volunteers is covered under §§ 768.13 and 768.1325, Florida Statutes.

Florida Administrative Code § 64B5-17.015

As part of the minimum standard of care, every dental office location shall be required to have an automatic external defibrillator by February 28, 2006. Any dentist practicing after February 28, 2006, without an automatic external defibrillator on site shall be considered to be practicing below the minimum standard of care.

Florida Administrative Code § 64J-1.023

64E-2.039. Guidelines for Automated External Defibrillators (AED) in State Owned or Leased Facilities.

  1. Management of any state owned or leased facilities considering the placement of AEDs should seek cooperation of facility personnel and local training, medical, and emergency response resources.
  2. An AED is obtained by a prescription from a licensed physician. The prescription must accompany the order for the AED.
  3. Several elements should be considered to determine the appropriate number, placement, and access system for AEDs. Facility managers should consider:
    1. Physician oversight provided by either a facility's medical staff or contracted through a designated physician. A physician should be involved as a consultant in all aspects of the program.
    2. Response Time: The optimal response time is 3 minutes or less. This interval begins from the moment a person is identified as needing emergency care to when the AED is at the side of the victim. Survival rates decrease by 7 to 10 percent for every minute that defibrillation is delayed.
    3. Lay Responder or Rescuer Training.
      1. Pursuant to Section 401.2915(1), F.S., all persons who use an AED shall have the required training.
      2. Overall effectiveness of AEDs shall be improved as the number of trained personnel increases. Where possible, facility managers should establish in-house training programs on a routine basis.
      3. Cardiopulmonary resuscitation and AED training can be obtained from a nationally recognized organization.
      4. In addition to training on use of the AED, it is important for lay responders or rescuers to be trained on the maintenance and operation of the specific AED model in the facility.
      5. Training is not a one-time event and formal refresher training should be conducted at least every 2 years. Computer-based programs and video teaching materials permit more frequent review. Facility management should make periodic contact with a training entity to assure that advances in techniques and care are incorporated into their program. In addition to formal annual recertification, mock drills and practice sessions are important to maintain current knowledge and a reasonable comfort level by lay responders or rescuers. The intervals for conducting these exercises should be established in consultation with the physician providing medical oversight.
    4. Demographics of the Facility's Workforce: Management should examine the make up of the resident workforce and consider the age profile of workers. Facilities hosting large numbers of visitors are more likely to experience an event, and an appraisal of the demographics of visitors should be included in an assessment. Facilities where strenuous work is conducted are more likely to experience an event. Specialty areas within facilities such as exercise and work out rooms should be considered to have a higher risk of an event than areas where there is minimal physical activity.
    5. Physical Layout of Facility: Response time should be calculated based upon how long it will take for a lay responder or rescuer with an AED and walking at a rapid pace to reach a victim. Large facilities and buildings with unusual designs, elevators, campuses with several separate buildings, and physical impediments all present unique challenges. In some larger facilities, it may be necessary to incorporate the use of properly equipped "golf cart" style conveyances to accommodate time and distance conditions.
    6. Suggestions for proper placement of AEDs:
      1. A secure location that prevents or minimizes the potential for tampering, theft, and/or misuse, and precludes access by unauthorized users.
      2. An easily accessible position (e.g., placed at a height so those shorter individuals can reach and remove, unobstructed access).
      3. A location that is well marked, publicized, and known among trained staff. Periodic "tours" of locations are recommended.
      4. A nearby telephone that can be used to call backup, security, or 911.
      5. Written protocols addressing procedures for activating the local emergency medical services system. These protocols should include notification of EMS personnel of the quantity, brands, and locations of AEDs within the facility.
      6. Equipment stored in a manner whereby the removal of the AED automatically notifies security, EMS, or a central control center. If such automatic notification is not possible, emphasis should be placed on notification procedures and equipment placement in close proximity to a telephone.
    7. It is recommended that additional items necessary for a successful rescue be placed in a bag and be stored with the AED. Following are items that may be necessary for successful utilization of the AED:
      1. Simplified directions for CPR and use of the AED.
      2. Non-latex protective gloves.
      3. Appropriate sizes of CPR face masks with detachable mouthpieces, plastic or silicone face shields, one-way valves, or other type of barrier device that can be used in mouth to mouth resuscitation.
      4. Pair of medium sized bandages.
      5. Spare battery and electrode pads.
      6. Two biohazard or medical waste plastic bags.
      7. Pad of paper and pen for writing.
      8. Absorbent towel.

Florida Administrative Code § 768.1326

No later than January 1, 2003, the State Surgeon General shall adopt rules to establish guidelines on the appropriate placement of automated external defibrillator devices in buildings or portions of buildings owned or leased by the state, and shall establish, by rule, recommendations on procedures for the deployment of automated external defibrillator devices in such buildings in accordance with the guidelines. The Secretary of Management Services shall assist the State Surgeon General in the development of the guidelines. The guidelines for the placement of the automated external defibrillators shall take into account the typical number of employees and visitors in the buildings, the extent of the need for security measures regarding the buildings, special circumstances in buildings or portions of buildings such as high electrical voltages or extreme heat or cold, and such other factors as the State Surgeon General and Secretary of Management Services determine to be appropriate. The State Surgeon General's recommendations for deployment of automated external defibrillators in buildings or portions of buildings owned or leased by the state shall include:

  1. A reference list of appropriate training courses in the use of such devices, including the role of cardiopulmonary resuscitation;
  2. The extent to which such devices may be used by laypersons;
  3. Manufacturer recommended maintenance and testing of the devices; and
  4. Coordination with local emergency medical services systems regarding the incidents of use of the devices.

In formulating these guidelines and recommendations, the State Surgeon General may consult with all appropriate public and private entities, including national and local public health organizations that seek to improve the survival rates of individuals who experience cardiac arrest.

Section 401.2915, Florida Statutes, is amended to read:

401.2915 Automated external defibrillators.

It is the intent of the Legislature that an automated external defibrillator may be used by a person for the purpose of saving the life of another person in cardiac arrest. In order to achieve that goal, the Legislature intends to encourage training in lifesaving first aid and set standards for and encourage the use of automated external defibrillators.

  1. As used in this section, the term:
    1. “Automated external defibrillator” means a device as defined in s. 768.1325(2)(b).
    2. “Defibrillation” means the administration of a controlled electrical charge to the heart to restore a viable cardiac rhythm.
  2. In order to promote public health and safety:
    1. All persons who use an automated external defibrillator are encouraged to obtain appropriate training, to include completion of a course in cardiopulmonary resuscitation or successful completion of a basic first aid course that includes cardiopulmonary resuscitation training, and demonstrated proficiency in the use of an automated external defibrillator.
    2. A person or entity in possession of an automated external defibrillator is encourages to notify the local emergency medical services medical director or the local safety answering point, as defined in s. 365.172(3)(a), of the location of the automated external defibrillator. The owner, operator, or administrator responsible for a place of public assembly, as defined in s. 768.1326, shall notify the local emergency medical services director of the location of any automated external defibrillators. The state agency responsible for a building or portion of a building owned or leased by the state shall notify the local emergency medical services medical director of the location of any automated external defibrillators. The local emergency medical services medical director shall maintain a registry of these automated external defibrillators locations.
    3. A person who uses an automated external defibrillator shall activate the emergency medical services system as soon as possible upon use of the automated external defibrillator.
    4. Notwithstanding s. 365.171(12), a 911 public safety telecommunicator, as defined in s. 401.465, may contact any private person or entity who owns an automated external defibrillator and has notified the local emergency medical services medical director or public safety answering point of such ownership if a confirmed coronary emergency call is taking place and the location of the coronary emergency is within a reasonable distance from the location of the defibrillator and may provide the location of the coronary emergency to the person or entity.
  3. A person who intentionally or willfully:
    1. Tampers with or otherwise renders an automated external defibrillator inoperative, except during such time as the automated external defibrillator is being serviced, tested, repaired, recharged, or inspected or except pursuant to court order; or
    2. Obliterates the serial number on an automated external defibrillator for purposes of falsifying service records, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Paragraph (a) does not apply to the owner of the automated external defibrillator or the owner’s authorized representative or agent.
  4. Each local and state law enforcement vehicle may carry an automated external defibrillator.

Section 768.1326, Florida Statutes is amended to read:

768.1326 Placement of automated external defibrillators in state buildings and places of public assemble; rule making authority.

  1. The state Surgeon General shall adopt rules to establish guidelines on the appropriate placement of automated external defibrillator devices in buildings or portions of buildings owned or leased by the state and places of public assembly, and shall establish, by rule, recommendations on procedures for the deployment of automated external defibrillator devices in such buildings and places of public assembly in accordance with the guidelines. The Secretary of Management Services shall assist the State Surgeon General in the development of the guidelines. The guidelines for the placement of the automated external defibrillators shall take into account the typical number of employees and visitors in the building or place of public assembly, the extent of the need for security measures regarding the building or place of public assembly, special circumstances in the building or a portion of the building such as high electrical voltage or extreme heat or cold, and such other factors as the State Surgeon General and Secretary of Management Services determine to be appropriate. As used in this section, the term “place of public assembly” means an educational facility used as an emergency shelter or a location that has a seating capacity of at least 1,000 people and includes, but is not limited to, any stadium, ballpark, gymnasium, field house, arena, civic center, or similar facility used for the conduct of sporting events and any concert hall, recital hall, theater, indoor or outdoor amphitheatre, or other auditorium used for the presentation of musical performances or concerts. The term does not include any church, synagogue, or other not-for-profit religious organization or any public association or public library. The State Surgeon General’s recommendations for deployment of automated external defibrillators in buildings or portions of buildings owned or leased by the state or in places of public assembly shall include:
    1. A reference list of appropriate training courses in the use of such devices, including the role of cardiopulmonary resuscitation;
    2. The extent to which such devices may be used by laypersons;
    3. Manufactures recommended maintenance and testing of the devices; and
    4. Coordination with local emergency medical services systems regarding registration of automated external defibrillators and documentation of the incidents of use of the devices. In formulating these guidelines and recommendations, the State Surgeon General may consult with all appropriate public and private entities, including national and local public health organizations that seek to improve the survival rates of the individuals who experience cardiac arrest.
  2. This section does not:
    1. Prohibit a county or municipal government from enacting, implementing, and enforcing any local ordinance that expands the requirement of this section for the placement of automated external defibrillators in a place of public assembly;
    2. Mandate the placement of any automated external defibrillator in any place of public assembly; or
    3. Authorize the adoption of rules, guidelines, or recommendations that would establish any legal standard of care in civil actions.

Section 1006.165, Florida Statues, is amended to read:

1006.165 Automated external defibrillator; user training.

  1. Each public school in this state must have an operational automated external defibrillator on the school grounds. Public and private partnerships are encouraged to cover the cost associated with the purchase and placement of the defibrillator and training in the use of the defibrillator.
  2. Each school must ensure that all employees or volunteers who are reasonably expected to use the device obtain appropriate training, including completion of a course in cardiopulmonary resuscitation training, and demonstrated proficiency in the use of an automated external defibrillator.
  3. The location of each automated external defibrillator must be registered with a local emergency medical services medical director.
  4. The use of automated external defibrillators by employees and volunteers is covered under ss. 768.13 and 768.1325.

Section 1. Subsection (12) of section 365.171 Florida Statutes is amended to read:

  1. Notwithstanding paragraph (a), a 911 public safety telecommunicator, as defined in s. 401.465, may contact any private person or entity that owns an automated external defibrillator who has notified the local emergency medical services medical director or public safety answering point of such ownership if a confirmed coronary emergency call is taking place and the location of the coronary emergency is within a reasonable distance from the location of the defibrillator, and may provide the location of the coronary emergency to that person or entity.

Section 3. Paragraph (b) of subsection (2) of section 401.2915, Florida Statutes, is amended to read:

401.2915 Automated external defibrillators. – It is the intent of the Legislature that an automated external defibrillator may be used by any person for the purpose of saving the life of another person in cardiac arrest. In order to achieve that goal, the Legislature intends to encourage training in lifesaving first aid and set standards for and encourage the use of automated external defibrillators.

  1. In order to promote public health and safety:
  1. Any person or entity in possession of an automated external defibrillator is encouraged to notify the local emergency medical services medical director or the local safety answering point, as defined in s. 365172(3), of the location of the automated external defibrillator.

Below you can read the statutes and laws governing AEDs and/or defibrillators within the state of Georgia. We understand it's a lot to take in, so we've highlighted a few key sentences and paragraphs for you.

Code of Georgia § 31-11-53.1

  1. As used in this Code section, the term:
    1. "Automated external defibrillator" means a defibrillator which:
      1. Is capable of cardiac rhythm analysis;
      2. Will charge and be capable of being activated to deliver a countershock after electrically detecting the presence of certain cardiac dysrhythmias; and
      3. Is capable of continuous recording of the cardiac dysrhythmia at the scene with a mechanism for transfer and storage or for printing for review subsequent to use.
    2. "Defibrillation" means to terminate ventricular fibrillation.
    3. "First responder" means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to calls for assistance through an affiliation with law enforcement agencies, fire suppression agencies, rescue agencies, and others.
  2. It is the intent of the General Assembly that an automated external defibrillator may be used by any person for the purpose of saving the life of another person in cardiac arrest. In order to ensure public health and safety:
    1. It is recommended that all persons who have access to or use an automated external defibrillator obtain appropriate training as set forth in the rules and regulations of the Department of Community Health . It is further recommended that such training include at a minimum the successful completion of:
      1. A nationally recognized health care provider/professional rescuer level cardiopulmonary resuscitation course; and
      2. A department established or approved course which includes demonstrated proficiency in the use of an automated external defibrillator;
    2. All persons and agencies possessing and maintaining an automated external defibrillator shall notify the appropriate emergency medical services system of the existence and location of the automated external defibrillator prior to said defibrillator being placed in use;
    3. All persons who use an automated external defibrillator shall activate the emergency medical services system as soon as reasonably possible by calling 9-1-1 or the appropriate emergency telephone number upon use of the automated external defibrillator; and
    4. Within a reasonable period of time, all persons who use an automated external defibrillator shall make available a printed or electronically stored report to the licensed emergency medical services provider which transports the patient.
  3. All persons who provide instruction to others in the use of the automated external defibrillator shall have completed an instructor course established or approved by the department.

Code of Georgia § 31-11-53.2

  1. As used in this Code section, the term "lay rescuer" means a person trained to provide cardiopulmonary resuscitation and to use an automated external defibrillator, as defined in Code Section 31-11-53.1, and who is participating in a physician or medically authorized automated external defibrillator program.
  2. The following guidelines shall be applicable to the use of automated external defibrillators by lay rescuers:
    1. Any person or entity who acquires an automated external defibrillator shall ensure that:
      1. Expected users of the automated external defibrillator receive American Heart Association or American Red Cross training in cardiopulmonary resuscitation and automated external defibrillator use or complete an equivalent nationally recognized course;
      2. The defibrillator is maintained and tested according to the manufacturer's operational guidelines;
      3. There is involvement of a licensed physician* or other person authorized by the composite board in the site's automated external defibrillator program to ensure compliance with requirements for training, notification, and maintenance; and
      4. Any person who renders emergency care or treatment to a person in cardiac arrest by using an automated external defibrillator activates the emergency medical services system as soon as possible and reports any clinical use of the automated external defibrillator to the licensed physician or other person authorized by the composite board who is supervising the program; and
    2. Any person or entity who acquires an automated external defibrillator shall notify an agent of the emergency communications or vehicle dispatch center of the existence, location, and type of automated external defibrillator.

Code of Georgia § 51-1-29.3

  1. The persons described in this Code section shall be immune from civil liability for any act or omission to act related to the provision of emergency care or treatment by the use of or provision of an automated external defibrillator, as described in Code Sections 31-11-53.1 and 31-11-53.2, except that such immunity shall not apply to an act of willful or wanton misconduct and shall not apply to a person acting within the scope of a licensed profession if such person acts with gross negligence. The immunity provided for in this Code section shall extend to:
    1. Any person who gratuitously and in good faith renders emergency care or treatment by the use of or provision of an automated external defibrillator without objection of the person to whom care or treatment is rendered;
    2. The owner or operator of any premises or conveyance who installs or provides automated external defibrillator equipment in or on such premises or conveyance;
    3. Any physician or other medical professional who authorizes, directs, or supervises the installation or provision of automated external defibrillator equipment in or on any premises or conveyance other than any medical facility as defined in paragraph (5) of Code Section 31-7-1; and
    4. Any person who provides training in the use of automated external defibrillator equipment as required by subparagraph (b)(1)(A) of Code Section 31-11-53.2, whether compensated or not. This Code section is not applicable to any training or instructions provided by the manufacturer of the automated external defibrillator or to any claim for failure to warn on the part of the manufacturer.

Code of Georgia § 20-6-2(2)

SECTION 1.
Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, is amended by adding a new Code section to read as follows:

  1. As used in this Code section, the term 'psychomotor skills' means skills using hands on practice to support cognitive learning.
  2. Beginning in the 2013-2014 school year, each local board of education which operates a school with grades nine through 12 shall provide instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator to its students as a requirement within existing health or physical education courses. Such training shall include either of the following and shall incorporate into the instruction the psychomotor skills necessary to perform cardiopulmonary resuscitation and use an automated external defibrillator:
    1. An instructional program developed by the American Heart Association or the American Red Cross; or
    2. An instructional program which is nationally recognized and is based on the most current national evidence based emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator.
  3. A teacher shall not be required to be a certified trainer of cardiopulmonary resuscitation or to facilitate, provide, or oversee instruction which does not result in certification in cardiopulmonary resuscitation and the use of an automated external defibrillator.
  4. This Code section shall not be construed to require students to become certified in cardiopulmonary resuscitation and the use of an automated external defibrillator; provided, however, that if a local board of education chooses to offer courses which result in certification being earned, such courses shall be taught by instructors in cardiopulmonary resuscitation and the use of an automated external defibrillator authorized to conduct an instructional program included in paragraph (1) or (2) of subsection (b) of this Code section.
  5. The Department of Education shall establish a procedure to monitor adherence by local boards of education."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

Laws within the state of Hawaii that pertain to AEDs and defibrillators can be found here.

Hawaii Revised Statutes § 663-1.5

Exception to liability:

  1. Any person who in good faith renders emergency care, without remuneration or expectation of remuneration, at the scene of an accident or emergency to a victim of the accident or emergency shall not be liable for any civil damages resulting from the person's acts or omissions, except for such damages as may result from the person's gross negligence or wanton acts or omissions.
  2. No act or omission of any rescue team or physician working in direct communication with a rescue team operating in conjunction with a hospital or an authorized emergency vehicle of the hospital or the State or county, while attempting to resuscitate any person who is in immediate danger of loss of life, shall impose any liability upon the rescue team, the physicians, or the owners or operators of such hospital or authorized emergency vehicle, if good faith is exercised.

    This section shall not relieve the owners or operators of the hospital or authorized emergency vehicle of any other duty imposed upon them by law for the designation and training of members of a rescue team or for any provisions regarding maintenance of equipment to be used by the rescue team or any damages resulting from gross negligence or wanton acts or omissions.
  3. Any physician or physician assistant licensed to practice under the laws of this State or any other state who in good faith renders emergency medical care in a hospital to a person, who is in immediate danger of loss of life, without remuneration or expectation of remuneration, shall not be liable for any civil damages, if the physician or physician assistant exercises that standard of care expected of similar physicians or physician assistants under similar circumstances. Any physician who supervises a physician assistant providing emergency medical care pursuant to this section shall not be required to meet the requirements set forth in chapter 453 regarding supervising physicians.
  4. Any person or other entity who as a public service publishes written general first aid information dealing with emergency first aid treatment, without remuneration or expectation of remuneration for providing this public service, shall not be liable for any civil damages resulting from the written publication of such first aid information except as may result from its gross negligence or wanton acts or omissions.
  5. Any person who in good faith, without remuneration or expectation of remuneration, attempts to resuscitate a person in immediate danger of loss of life when administering any automated external defibrillator, regardless of where the automated external defibrillator that is used is located, shall not be liable for any civil damages resulting from any act or omission except as may result from the person's gross negligence or wanton acts or omissions.

    Any person, including an employer, who provides for an automated external defibrillator or an automated external defibrillator training program shall not be vicariously liable for any civil damages resulting from any act or omission of the persons or employees who, in good faith and without remuneration or the expectation of remuneration, attempt to resuscitate a person in immediate danger of loss of life by administering an automated external defibrillator, except as may result from a person's or employer's gross negligence or wanton acts or omissions.
  6. Any physician or physician assistant who administers an automated external defibrillator program without remuneration or expectation of remuneration shall not be liable for any civil damages resulting from any act or omission involving the use of an automated external defibrillator, except as may result from the physician's or physician assistant's gross negligence or wanton acts or omissions.
  7. This section shall not relieve any person, physician, physician assistant, or employer of:
    1. Any other duty imposed by law regarding the designation and training of persons or employees;
    2. Any other duty imposed by provisions regarding the maintenance of equipment to be used for resuscitation; or
    3. Liability for any damages resulting from gross negligence, or wanton acts or omissions.
  8. For the purposes of this section:
    • "Automated external defibrillator program" means an appropriate training course that includes cardiopulmonary resuscitation and proficiency in the use of an automated external defibrillator.
    • "Good faith" includes but is not limited to a reasonable opinion that the immediacy of the situation is such that the rendering of care should not be postponed.
    • "Rescue team" means a special group of physicians, basic life support personnel, advanced life support personnel, surgeons, nurses, volunteers, or employees of the owners or operators of the hospital or authorized emergency vehicle who have been trained in basic or advanced life support and have been designated by the owners or operators of the hospital or authorized emergency vehicle to attempt to provide such support and resuscitate persons who are in immediate danger of loss of life in cases of emergency.

Hawaii Revised Statutes § 321-229

  1. The department shall develop standards for emergency medical services course instructors and standards for emergency medical services training facilities for all basic life support personnel, advanced life support personnel, users of the automatic external defibrillator, and emergency medical dispatch personnel that shall be at least equivalent to or exceed the standards necessary to meet the requirements, pursuant to part II of chapter 453, for the certification of basic life support personnel and advanced life support personnel.
  2. The department of health may conduct annual inspections of the training facilities and evaluate the qualifications of course instructors to ensure that the standards and qualifications are consistent with the medical standards for basic life support personnel, advanced life support personnel, users of the automatic external defibrillators, and emergency medical dispatch personnel.
I

Residents of Idaho can find a collection of laws and statutes related to AEDs and defibrillators here.

Idaho Code § 5-337

  1. As used in this section, "defibrillator" means an "automated external defibrillator (AED)" which has been prescribed by a physician or osteopath licensed pursuant to chapter 18, title 54, Idaho Code.
  2. In order to promote public health and safety:
    1. A person or entity who acquires a defibrillator as a result of a prescription shall ensure that:
      1. Expected defibrillator users receive training in its use and care equivalent to the CPR and AED training of the American heart association, the American red cross or similar entities;
      2. The defibrillator is maintained and tested by the owner according to the manufacturer's operational guidelines;
      3. There is involvement of a licensed physician in the owner's program to ensure compliance with requirements for training, notification, maintenance and guidelines for use;
      4. Any person who renders emergency care or treatment to a person in cardiac arrest by using a defibrillator must activate the emergency medical services system as soon as possible, and must report any clinical use of the defibrillator to the prescribing physician.
    2. Any person or entity who acquires a defibrillator as a result of a prescription shall notify an agent of the emergency communications system or emergency vehicle dispatch center of the existence, location and type of defibrillator.
  3.  
    1. Any person who reasonably renders emergency care using a defibrillator, without remuneration or expectation of remuneration, at the scene of an accident or emergency to a victim of the accident or emergency shall not be liable for any civil damages resulting from the person's acts or omissions.
    2. No cause of action shall be maintained against a licensed physician, osteopath, physician assistant, nurse practitioner, or nurse, or against an emergency medical technician, fireman, peace officer, ambulance attendant or other person trained to use a defibrillator, or against a person or entity who acquires or maintains a defibrillator which arises from the reasonable use of a defibrillator in an emergency setting and no cause of action shall be maintained against the physician or osteopath who wrote the prescription for the defibrillator if the prescription was written in good faith.
    3. This immunity from civil liability does not apply if the acts or omissions amount to gross negligence or willful or wanton or reckless misconduct.
    4. The protection afforded within paragraph (a) of this subsection is applicable to a person or entity who acquires or maintains a defibrillator if such person or entity complies with the maintenance requirements set forth in subsection (2)(a)(ii) of this section.
  4. A defibrillator acquired pursuant to a prescription and possessed in compliance with subsection (2) of this section is exempt from the provisions of chapter 10, title 56, Idaho Code.

Laws and Statutes concerning AEDs and and defibrillators within the state of Illinois can be found here. Illinois has an extensive list of laws, so we've provided highlighted sections so that you can conveniently and efficiently identify important sections.

410 Illinois Compiled Statutes § 4/1

This Act may be cited as the Automated External Defibrillator Act.

410 Illinois Compiled Statutes § 4/5

The General Assembly finds that timely attention in medical emergencies saves lives, and that trained use of automated external defibrillators in medical emergency response can increase the number of lives saved. It is the intent of the General Assembly to encourage training in lifesaving first aid, to set standards for the use of automated external defibrillators and to encourage their use.

410 Illinois Compiled Statutes § 4/10

As used in this Act:

"Automated external defibrillator" means a medical device heart monitor and defibrillator that:

  1. 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;
  2. is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed;
  3. upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual, or charges and delivers an electrical impulse at the command of the operator; and
  4. in the case of a defibrillator that may be operated in either an automatic or a manual mode, is set to operate in the automatic mode.

"Defibrillation" means administering an electrical impulse to an individual in order to stop ventricular fibrillation or rapid ventricular tachycardia.

"Person" means an individual, partnership, association, corporation, limited liability company, or organized group of persons (whether incorporated or not).

"Trained AED user" means a person who has successfully completed a course of instruction in accordance with the standards of a nationally recognized organization such as the American Red Cross or the American Heart Association or a course of instruction in accordance with the rules adopted under this Act to use an automated external defibrillator, or who is licensed to practice medicine in all its branches in this State.

"Department" means the Department of Public Health.

410 Illinois Compiled Statutes § 4/15

  1. The Department shall adopt rules regarding the establishment of programs to train individuals as trained AED users. Rules regarding the establishment of programs to train individuals as trained AED users shall specify the following:
    1. The curriculum of any program to train individuals shall include complete training in cardiopulmonary resuscitation (commonly referred to as "CPR") prepared according to nationally recognized guidelines.
    2. The qualifications necessary for any individuals to teach a program to train an individual as a trained AED user.
    3. The time period for which training recognition shall be valid, and the recommendation for subsequent renewal.
  2. In carrying out subsection (a), the Department shall identify an appropriate training curriculum designed for trained AED users who are members of the general public, and a training curriculum designed for trained AED users who are health professionals.

410 Illinois Compiled Statutes § 4/20

  1. A person acquiring an automated external defibrillator shall take reasonable measures to ensure that:
    1. (blank);
    2. the automated external defibrillator is maintained and tested according to the manufacturer's guidelines;
    3. any person considered to be an anticipated rescuer or user will have successfully completed a course of instruction in accordance with the standards of a nationally recognized organization, such as the American Red Cross or the American Heart Association, or a course of instruction in accordance with existing rules under this Act to use an automated external defibrillator and to perform cardiovascular resuscitation (CPR); and
    4. any person who renders out-of-hospital emergency care or treatment to a person in cardiac arrest by using an automated external defibrillator activates the EMS system as soon as possible and reports any clinical use of the automated external defibrillator.
  2. A person in possession of an automated external defibrillator shall notify an agent of the local emergency communications or vehicle dispatch center of the existence, location, and type of the automated external defibrillator.

410 Illinois Compiled Statutes § 4/25

The Illinois Department of Public Health shall maintain incident reports on automated external defibrillator use and conduct annual analyses of all related data. The Department shall adopt rules to carry out its responsibilities under this Act.

410 Illinois Compiled Statutes § 4/30

  1. A physician licensed in Illinois to practice medicine in all its branches who authorizes the purchase of an automated external defibrillator is not liable for civil damages as a result of any act or omission arising out of authorizing the purchase of an automated external defibrillator, except for willful or wanton misconduct, if the requirements of this Act are met.
  2. An individual or entity providing training in the use of automated external defibrillators is not liable for civil damages as a result of any act or omission involving the use of an automated external defibrillator, except for willful or wanton misconduct, if the requirements of this Act are met.
  3. A person, unit of State or local government, or school district owning, occupying, or managing the premises where an automated external defibrillator is located is not liable for civil damages as a result of any act or omission involving the use of an automated external defibrillator, except for willful or wanton misconduct, if the requirements of this Act are met.
  4. An AED user is not liable for civil damages as a result of any act or omission involving the use of an automated external defibrillator in an emergency situation, except for willful or wanton misconduct, if the requirements of this Act are met.
  5. This Section does not apply to a public hospital.

745 Illinois Compiled Statutes § 49/12

As provided in Section 30 of the Automated External Defibrillator Act, any automated external defibrillator user who in good faith and without fee or compensation renders emergency medical care involving the use of an automated external defibrillator in accordance with his or her training is not liable for any civil damages as a result of any act or omission, except for willful and wanton misconduct, by that person in rendering that care.

210 Illinois Compiled Statutes § 74/1

This Act may be cited as the Physical Fitness Facility Medical Emergency Preparedness Act.

210 Illinois Compiled Statutes § 74/5

In this Act, words and phrases have the meanings set forth in the following Sections.

210 Illinois Compiled Statutes § 74/5.5

"Automated external defibrillator" or "AED" means an automated external defibrillator as defined in the Automated External Defibrillator Act.

210 Illinois Compiled Statutes § 74/5.10

"Department" means the Department of Public Health.

210 Illinois Compiled Statutes § 74/5.15

"Director" means the Director of Public Health.

210 Illinois Compiled Statutes § 74/5.20

"Medical emergency" means the occurrence of a sudden, serious, and unexpected sickness or injury that would lead a reasonable person, possessing an average knowledge of medicine and health, to believe that the sick or injured person requires urgent or unscheduled medical care.

210 Illinois Compiled Statutes § 74/5.25

  1. "Physical fitness facility" means the following:
    1. Any of the following indoor facilities that is (i) owned or operated by a park district, municipality, or other unit of local government, including a home rule unit, or by a public or private elementary or secondary school, college, university, or technical or trade school and (ii) supervised by one or more persons, other than maintenance or security personnel, employed by the unit of local government, school, college, or university for the purpose of directly supervising the physical fitness activities taking place at any of these indoor facilities: a swimming pool; stadium; athletic field; football stadium; soccer field; baseball diamond; track and field facility; tennis court; basketball court; or volleyball court; or similar facility as defined by Department rule.

      (1.5) Any of the following outdoor facilities that is(i) owned by a municipality, township, or other unit of local government, including a home rule unit, or by a public or private elementary or secondary school, college, university, or technical or trade school and (ii)supervised by one or more persons, other than maintenance or security personnel, employed by the unit of local government, school, college, or university for the purpose of directly supervising the physical fitness activities taking place at any of these facilities: a swimming pool; athletic field; football stadium; soccer field; baseball diamond; track and field facility; tennis court; basketball court; or volleyball court; or similar facility as defined by Department rule.

      The term does not include any facility during any activity or program organized by a private or not-for-profit organization and organized and supervised by a person or persons other than the employees of the unit of local government, school, college, or university.
    2. Except as provided in subsection (b), any other indoor or outdoor establishment, whether public or private, that provides services or facilities focusing on cardiovascular exertion or gaming as defined by Department rule.
  2. "Physical fitness facility" does not include a facility serving less than a total of 100 individuals. For purposes of this Act, "individuals" includes only those persons actively engaged in physical exercise that uses large muscle groups and that substantially increases the heart rate. In addition, the term does not include (i) a facility located in a hospital or in a hotel or motel, (ii) any outdoor facility owned or operated by a park district organized under the Park District Code, the Chicago Park District Act, or the Metro-East Park and Recreation District Act, or (iii) any facility owned or operated by a forest preserve district organized under the Downstate Forest Preserve District Act or the Cook County Forest Preserve District Act or a conservation district organized under the Conservation District Act. The term also does not include any facility that does not employ any persons to provide instruction, training, or assistance for persons using the facility.

210 Illinois Compiled Statutes § 74/10

  1. Before July 1, 2005, each person or entity, including a home rule unit, that operates a physical fitness facility must adopt and implement a written plan for responding to medical emergencies that occur at the facility during the time that the facility is open for use by its members or by the public. The plan must comply with this Act and rules adopted by the Department to implement this Act. The facility must file a copy of the plan with the Department.
  2. Whenever there is a change in the structure occupied by the facility or in the services provided or offered by the facility that would materially affect the facility's ability to respond to a medical emergency, the person or entity, including a home rule unit, must promptly update its plan developed under subsection (a) and must file a copy of the updated plan with the Department.

210 Illinois Compiled Statutes § 74/15

Automated external defibrillator required

  1. By the dates specified in Section 50, every physical fitness facility must have at least one AED on the facility premises. The Department shall adopt rules to ensure coordination with local emergency medical services systems regarding the placement and use of AEDs in physical fitness facilities. The Department may adopt rules requiring a facility to have more than one AED on the premises, based on factors that include the following:
    1. The size of the area or the number of buildings or floors occupied by the facility.
    2. The number of persons using the facility, excluding spectators.
  2. A physical fitness facility must ensure that there is a trained AED user on staff during staffed business hours. For purposes of this Act, "trained AED user" has the meaning ascribed to that term in Section 10 of the Automated External Defibrillator Act.
    1. The Department shall adopt rules that encourage any non-employee coach, non-employee instructor, or other similarly situated non-employee anticipated rescuer who uses a physical fitness facility in conjunction with the supervision of physical fitness activities to complete a course of instruction that would qualify such a person as a trained AED user, as defined in Section 10 of the Automated External Defibrillator Act.
    2. In the case of an outdoor physical fitness facility, the AED must be housed in a building, if any, that is within 300 feet of the outdoor facility where an event or activity is being conducted. If there is such a building within the required distance, the building must provide unimpeded and open access to the housed AED, and the building's entrances shall further provide marked directions to the housed AED.
    3. Facilities described in paragraph (1.5) of Section5.25 must have an AED on site as well as a trained AED user available only during activities or events sponsored and conducted or supervised by a person or persons employed by the unit of local government, school, college, or university.
  3. Every physical fitness facility must ensure that every AED on the facility's premises is properly tested and maintained in accordance with rules adopted by the Department.

210 Illinois Compiled Statutes § 74/20

The Department shall adopt rules to establish programs to train physical fitness facility staff on the role of cardiopulmonary resuscitation and the use of automated external defibrillators. The rules must be consistent with those adopted by the Department for training AED users under the Automated External Defibrillator Act.

210 Illinois Compiled Statutes § 74/45

Nothing in this Act shall be construed to either limit or expand the exemptions from civil liability in connection with the purchase or use of an automated external defibrillator that are provided under the Automated External Defibrillator Act or under any other provision of law. A right of action does not exist in connection with the use or non- use of an automated external defibrillator at a facility governed by this Act, except for willful or wanton misconduct, provided that the person, unit of state or local government, or school district operating the facility has adopted a medical emergency plan as required under Section 10 of this Act, has an automated external defibrillator at the facility as required under Section 15 of this Act, and has maintained the automated external defibrillator in accordance with the rules adopted by the Department. 225 Illinois Complied Statutes § 25/44.5 Emergency Medical Plan; AED

  1. Each dental office in this State must develop and implement a written emergency medical plan, which shall include staff responsibilities and office protocol for emergency procedures.
  2. All dental offices that administer anesthesia or sedation, as set forth in Section 8.1 of this Act, must contain at least one automated external defibrillator (AED) on the premises at all times.
  3. The owner of a dental office is responsible for complying with the requirements of this Section.

Illinois Administrative Code § 525.100

Act - the Automated External Defibrillator Act [410 ILCS 4].
Automated External Defibrillator (AED) - a medical device heart monitor and defibrillator that:

  • Has received approval of its premarket notification, filed pursuant to 21 USC 360(k), from the United States Food and Drug Administration;
  • Is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed;
  • Upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual, or charges and delivers an electrical impulse at the command of the operator; and
  • In the case of a defibrillator that may be operated in either an automatic or manual mode, is set to operate in the automatic mode. (Section 10 of the Act)

Defibrillation - administering an electrical impulse to an individual in order to stop ventricular fibrillation or rapid ventricular tachycardia. (Section 10 of the Act)
Department - the Department of Public Health. (Section 10 of the Act)

Emergency Medical Services (EMS) System or System - an organization of hospitals, vehicle service providers and personnel approved by the Department in a specific geographic area, which coordinates and provides pre-hospital and inter-hospital emergency care and non-emergency medical transports at a BLS, ILS and/or ALS level pursuant to a System Program Plan submitted to and approved by the Department and pursuant to the EMS Regional Plan adopted for the EMS Region in which the System is located. (Section 3.20 of the Emergency Medical Services (EMS) Systems Act)

First Responder - a person who has successfully completed a course of instruction in emergency first response as prescribed by the Department, who provides first response services prior to the arrival of an ambulance or specialized emergency medical services vehicle, in accordance with the level of care established in the emergency first response course. (Section 3.60 of the Emergency Medical Services (EMS) Systems Act)

Hospital - has the meaning ascribed to that term in Section 3 of the Hospital Licensing Act [210 ILCS 85]. (Section 3.5 of the Emergency Medical Services (EMS) Systems Act)

911 - an emergency answer and response system in which the caller need only dial 9-1-1 on a telephone to obtain emergency services, including police, fire, medical ambulance and rescue.

Person - an individual, partnership, association, corporation, limited liability company, or organized group of persons (whether incorporated or not). (Section 10 of the Act)

Trained AED user - a person who has successfully completed a course of instruction in accordance with the standards of a nationally recognized organization such as the American Red Cross or the American Heart Association or a course of instruction in accordance with this Part to use an automated external defibrillator, or who is licensed to practice medicine in all its branches in this State.

Illinois Administrative Code § 525.200

  1. The following private and professional organization standards are incorporated in this Part:
    1. American Heart Association
       
      Heartsaver AED for the Lay Rescuer and First Responder (1998)
      Heartsaver Facts (1999)
      Fundamentals of BLS for Healthcare Providers (2001)
      BLS for Healthcare Providers (2001)
      Heartsaver CPR and AED for Heartsaver CPR (2002)
      Heartsaver AED and Heartsaver Pediatric CPR (2002)
      Instructor's Manual for Basic Life Support (2002)
      208 South LaSalle St.
      Suite 900
      Chicago, Illinois 60604-1197
    2. American Red Cross
       
      American Red Cross First Aid/CPR/AED Program Manual:
      Section 12 Adult CPR/AED (2001)
      Section 3 Standard First Aid with AED (2001)
      AED Essentials (2001)
      311 W. John Gwynn Avenue
      Peoria, Illinois 61605-2566
  2. All incorporations by reference of the standards of nationally recognized organizations refer to the standards on the date specified and do not include any additions or deletions subsequent to the date specified.
    1. Federal statutes: 21 USC 360(k): Registration of producers of drugs or devices; report preceding introduction of devices into interstate commerce.
    2. State of Illinois statutes:
      1. Emergency Medical Services (EMS) Systems Act [210 ILCS 50]
      2. Hospital Licensing Act [210 ILCS 85]
      3. Medical Practice Act of 1987 [225 ILCS 60]

Illinois Administrative Code § 525.300

The Department shall approve programs established to train individuals as AED users, in accordance with the following:

  1. The curriculum shall include complete training in cardiopulmonary resuscitation (CPR) prepared according to nationally recognized guidelines (see Section 525.200(a)(1) and(2)). (Section 15 of the Act)
  2. The Instructors shall have successfully completed an instructor training course for AED courses listed in Section 525.200(a)(1) and (2) of this Part, or equivalent curriculum approved by the Department.
  3. Instructors shall renew qualification every two years and shall meet the following criteria:
    1. Maintain provider status,
    2. Teach the number of courses required by the American Red Cross or American Heart Association, and
    3. Complete an update on new information regarding course content.
  4. The Department will approve courses that meet the course objectives of American Heart Association or American Red Cross courses and that require at least the same number of hours for completion.

Illinois Administrative Code § 525.400

  1. To be recognized as a trained AED user, an individual shall:
    1. Successfully complete a course of instruction in accordance with the standards of a nationally recognized organization such as the American Red Cross or the American Heart Association (see Section 525.200(a)(1) and (2)); or
    2. Successfully complete a course of instruction in accordance with Section 525.300(b) of this Part; or
    3. Be licensed to practice medicine in all its branches in Illinois in accordance with the Medical Practice Act of 1987. (Section 10 of the Act)
  2. Recognition of training completed in accordance with this Section shall be valid for a time period in accordance with subsections (a)(1) and (2) of this Section, but not be valid for more than two years. To renew recognition as a trained AED user, the individual shall present proof of satisfactory completion of an American Red Cross or American Heart Association renewal course or equivalent curriculum approved by the Department.

Illinois Administrative Code § 525.500

  1. Each use of an AED shall be reported to the EMS System Resource Hospital.
  2. The report shall include the following information:
    1. Date of the incident;
    2. Time of the incident;
    3. Name of the personwho determined the patient's unresponsiveness;
    4. Time that 911 was called;
    5. Initial heart rhythm;
    6. Number of times the patient was defibrillated;
    7. Name of the person who defibrillated the patient;
    8. Final rhythm at the time of arrival of the first response vehicle:
      1. Breathing, yes or no;
      2. Pulse, yes or no.
      3. Reports shall be faxed or mailed monthly to the local EMS System Resource Hospital.

Illinois Administrative Code § 525.600

  1. A person acquiring an automated external defibrillator shall take reasonable measures to ensure that:
    1. The automated external defibrillator is used only by trained AED users;
    2. The automated external defibrillator is maintained and tested according to the manufacturer's guidelines;
    3. The automated external defibrillator is registered with the EMS System Resource hospital in the vicinity of where the automated external defibrillator will be located, which shall oversee utilization of the automated external defibrillator and ensure that training and maintenance requirements are met.
      1. The owner of the AED shall provide a list of trained users at the site, including copies of their certification cards, to the Resource Hospital.
      2. The owner of the AED shall provide a copy of the manufacturer's guidelines for maintenance and training, and documentation confirming that these guidelines were met as requested; and
    4. Any person who renders out-of-hospital emergency care or treatment to a person in cardiac arrest by using an automated external defibrillator activates the EMS System as soon as possible and reports any clinical use of the automated external defibrillator in accordance with Section 525.500 of this Part. (Section 20(a) of the Act)
  2. A person in possession of an automated external defibrillator shall notify an agent of the local emergency communications or vehicle dispatch center of the existence, location, and type of the automated external defibrillator. (Section 20(b) of the Act)
  3. The EMS System shall notify local ambulance providers of AEDs in the ambulance provider's service area.

Illinois Administrative Code § 525.700

  1. The EMS System Resource Hospital shall submit the following information to the Department on a quarterly basis, i.e., on or by June 30, September 30, December 31 and March 31 of each year:
    1. The number of times that AEDs have been used;
    2. The outcome of the incident; and
    3. Adverse effects, if any.
  2. Tapes of conversations recorded by an AED shall be confidential. Section 10. The Illinois Dental Practice Act is amended by adding Section 44.5 as follows:

(225 ILCS 25/44.5 new)

Sec. 44.5. Emergency medical plan; AED.

Each dental office in this State must develop and implement a written emergency medical plan, which shall include staff responsibilities and office protocol for emergency procedures. All dental offices that administer anesthesia or sedation, as set forth in Section 8.1 of this Act, must contain at least one automated external defibrillator (AED) on the premises at all times. The owner of a dental office is responsible for complying with the requirements of this Section.

77 Illinois Administrative Code 530.100

DEFINITIONS

Act - the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois.

Automated External Defibrillator (AED) - a medical device heart monitor and defibrillator that:

  • has received approval of its pre-market notification, filed pursuant to 21 USC 360(k), from the United States Food and Drug Administration;
  • is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed;
  • upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual or charges and delivers an electrical impulse at the command of the operator; and
  • in the case of a defibrillator that may be operated in either an automatic or manual mode, is set to operate in the automatic mode. (Section 10 of the Automated External Defibrillator Act)

Department - the Department of Public Health.

Division - the Division of Emergency Medical Systems and Highway Safety, Department of Public Health.

Fund - the Heartsaver AED Fund.

Physical fitness facility or facility - includes any indoor establishment that meets all of the following requirements:

  • In whole or in part, is owned or operated by a park district or by a public elementary or secondary school, college, or university.
  • Is supervised by one or more persons, other than maintenance or security personnel, employed by the park district or public school, college, or university for the purpose of directly supervising the physical fitness activities taking place at any indoor facilities listed in this definition. (Section 5.25 of the Physical Fitness Facility Medical Emergency Preparedness Act)
  • Serves a total of 100 or more individuals. In calculating the number of individuals served by a facility, the greater of the seating capacity, the capacity of the facility under applicable fire code, pool, or similar standards, or the number of members of the facility shall be included in the final determination. The number of members of the facility includes the complete facility membership, whether or not these members are present at the facility at the same time.
  • Is a swimming pool; stadium; athletic field; track and field facility; tennis court; basketball court; volleyball court; aerobics studio; dance studio; boxing gym; martial-arts or self-defense studio; wrestling gym; weight-lifting facility; treadmill or stationary bicycle facility; velodrome; racquetball court; gymnastics facility; or any other indoor establishment focusing primarily on cardiovascular exertion where participants engage in relatively continuous active physical exercise that uses large muscle groups and that substantially increases the heart rate.

Effective January 1, 2014

Section 5. The Illinois Horse Racing Act of 1975 is amended by adding Section 31.2 as follows:

  • Sec. 31.2. Automated external defibrillators. Organization licensees shall make available no less than 2 automated external defibrillators (AEDs) that are operational and accessible when backstretch workers are present at their racing facilities. At least one AED shall be placed in the paddock of their racing facilities. At least one AED shall be placed on the backstretch of their racing facilities.

This section provides Indiana's laws, codes, and statutes pertaining to AEDs and defibrillators. Clauses of particular importance have been highlighted in red.

Indiana Code § 16-31-6.5-2

This chapter does not apply to the following:

  1. A licensed physician.
  2. A hospital or an ambulatory outpatient surgical center.
  3. A person providing health care in a hospital or an ambulatory outpatient surgical center licensed under IC 16-21.
  4. A person or entity certified under IC 16-31-3.

Indiana Code § 16-31-6.5-4

A person or entity acquiring a defibrillator shall ensure that the defibrillator is maintained and tested according to the manufacturer's operational guidelines.

Indiana Code § 16-31-6.5-5

A person or entity in possession of a defibrillator shall notify the:

  1. ambulance service provider that serves the area where the person or entity is located; or
  2. emergency medical services commission; of the acquisition and location of the defibrillator.

Indiana Code § 16-31-6.5-6

A person who uses a defibrillator is required to contact:

  1. the ambulance service providers; or
  2. a fire department that provides ambulance service for the area as soon as practicable following the use of the defibrillator.

Indiana Code § 34-6-2-51

  1. "Gratuitously renders emergency care", for purposes of IC 34-30-12-1, means the giving of emergency care (including the use of an automatic external defibrillator):
    1. that was volunteered without legal obligation on the part of the person rendering the emergency care; and
    2. for which the person rendering the emergency care does not expect remuneration.
  2. Emergency care may not be considered to be gratuitously rendered emergency care solely because of the failure to send a bill for the emergency care.

Indiana Code § 34-30-12-1

Gratuitously rendered emergency care; immunity:

  1. This section does not apply to services rendered by a health care provider (as defined in IC 34-18-2-14 or IC 27-12-2-14 before its repeal) to a patient in a health care facility (as defined in IC 27-8-10-1 ).
  2. Except as provided in subsection (c), a person who comes upon the scene of an emergency or accident, complies with IC 9-26-1-1.5, or is summoned to the scene of an emergency or accident and, in good faith, gratuitously renders emergency care at the scene of the emergency or accident is immune from civil liability for any personal injury that results from:
    1. any act or omission by the person in rendering the emergency care; or
    2. any act or failure to act to provide or arrange for further medical treatment or care for the injured person; except for acts or omissions amounting to gross negligence or willful or wanton misconduct.
  3. This subsection applies to a person to whom IC 16-31-6.5 applies. A person who gratuitously renders emergency care involving the use of an automatic external defibrillator is immune from liability for any act or omission not amounting to gross negligence or willful or wanton misconduct if the person fulfills the requirements set forth in IC 16-31-6.5.
  4. This subsection applies to an individual, business, or organization to which IC 16-31-6.5 applies. An individual, business, or organization that allows a person who is an expected user to use an automatic external defibrillator of the individual, business, or organization to in good faith gratuitously render emergency care is immune from civil liability for any damages resulting from an act or omission not amounting to gross negligence or willful or wanton misconduct by the user or for acquiring or providing the automatic external defibrillator to the user for the purpose of rendering the emergency care if the individual, business, or organization and the user fulfill the requirements set forth in IC 16-31-6.5.
  5. A licensed physician who gives medical direction in the use of a defibrillator or a national or state approved defibrillator instructor of a person who gratuitously renders emergency care involving the use of an automatic external defibrillator is immune from civil liability for any act or omission of the licensed physician or instructor if the act or omission of the licensed physician or instructor:
    1. involves the training for or use of an automatic external defibrillator; and
    2. does not amount to gross negligence or willful or wanton misconduct.

Indiana Code § 24-4-15

Chapter 15. Automated External Defibrillators in Health Clubs

Sec. 1. As used in this chapter, " defibrillator " means an automated external defibrillator.

Sec. 2.

  1. As used in this chapter, "health club" means an establishment at which:
    1. an individual, a corporation, a limited liability company, a partnership, an association, a firm, an educational institution, or any other business enterprise offers:
      1. instruction, training, or assistance in physical fitness that is focused primarily on cardiovascular exertion; or
      2. facilities for the:
        1. preservation;
        2. maintenance;
        3. encouragement; or
        4. development of physical fitness or well-being; and
    2. at least:
      1. fifty (50) persons have:
        1. purchase; or
        2. paid a fee for the right to use the physical fitness facilities; or
      2. thirty (30) pieces of motoroized physical fitness equipment are provided for use by indiciduals.
  2. The term includes the following:
    1. Health spas and studios.
    2. Sports centers.
    3. Weight control studios.
    4. Gymnasiums and workout centers in schools, colleges, and universities.
  3. The term does not include a workout center in:
    1. a hospital licensed under IC 16-21 or a health facility licensed under IC 16-28;
    2. a hotel or motel, unless the workout center allows membership by individuals who are not guests of the hotel or motel; or
    3. an apartment, a condominium, or a town home complex.

Sec. 3. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, an association, a firm, or an educational institution.

Sec. 4. As used in this chapter, "state department" refers to the state department of health.

Sec. 5. An owner or operator of a health club shall do the following:

  1. Ensure that a defibrillator is:
    1. located on the health club premises and easily accessible to the health club staff, members, and guests; or
    2. if:
      1. the health club is located on the premises of a business of which the health club is a part; and
      2. the business has an emergency response team; located on the premises of the business and easily accessible to the emergency response team.
  2. Employ at least one (1) individual who:
    1. has satisfactorily completed a course consistent with the most current national guidelines for; and
    2. is currently certified in cardiopulmonary resuscitation and defibrillator use.
  3. Reasonably ensure that at least one (1) individual described in subdivision (2) is on the health club premises when staff is present at the health club during the health club's business hours.
  4. A health club that is not staffed must have the following on the premises:
    1. A telephone for 911 telephone call access.
    2. A sign in plain view containing an advisory warning that indicates that members of the unstaffed health club should be aware that working out alone may pose risks to a health club member's health and safety.
    3. A sign in plain view providing instruction in the use of the defibrillator and in cardiopulmonary resuscitation.
  5. Ensure compliance with the requirements set forth in IC 16-31-6.5
  6. Post a sign at each entrance to the health club that indicates the location of each defibrillator.

Sec. 6. A person is immune from civil liability for acts or omissions involving the use of or the failure to use a defibrillator located on the premises of a health club under this chapter as provided under IC 34-30-12-1.

Sec. 7. Sec. 7. The:

  1. state department and the division of fire and building safety may inspect a health club at any time:
    1. according to rules adopted by the state department; or
    2. in response to a filed complaint alleging noncompliance with this chapter; and
  2. fire department that serves the area in which a health club is located shall inspect the health club for compliance with this chapter if the health club is inspected as part of an inspection program under IC 36-8-17-8.

Sec. 8. A person who violates this chapter commits a Class C infraction.

Sec. 9. The state department may adopt rules under IC 4-22-2 to implement this chapter.

As enacted in Senate Bill 134, May 2007.

Indiana Code § 24-4-15-6

Immunity:

A person is immune from civil liability for acts or omissions involving the use of or the failure to use a defibrillator located on the premises of a health club under this chapter as provided under IC 34-30-12-1.

Indiana Code § 16-31-6.5-3

"Defibrillator" defined:

As used in this chapter, "defibrillator" means an automatic external defibrillator.

Indiana Code § 16-31-6-2

Use of defibrillators:

  1. Except for an act of negligence or willful misconduct, a certified first responder who uses an automatic or semiautomatic defibrillator on an emergency patient according to the training procedures established by the commission under IC 16-31-2-9 is immune from civil liability for acts or omissions when rendering those services.
  2. If the first responder is immune from civil liability for the first responder's act or omission, a person who has only an agency relationship with the first responder is also immune from civil liability for the act or omission.

This section provides the laws associated with AEDs and defibrillators. Some of the laws that have greater significance, or are usually overlooked, have been highlighted in red for your convenience.

Iowa Code § 613.17

Emergency assistance in an accident:

  1. A person, who in good faith renders emergency care or assistance without compensation, shall not be liable for any civil damages for acts or omissions occurring at the place of an emergency or accident or while the person is in transit to or from the emergency or accident or while the person is at or being moved to or from an emergency shelter unless such acts or omissions constitute recklessness or willful and wanton misconduct. An emergency includes but is not limited to a disaster as defined in section 29C.2 or the period of time immediately following a disaster for which the governor has issued a proclamation of a disaster emergency pursuant to section 29C.6.
    1. For purposes of this subsection, if a volunteer fire fighter, a volunteer operator or attendant of an ambulance or rescue squad service, a volunteer paramedic, a volunteer emergency medical technician, or a volunteer registered member of the national ski patrol system receives nominal compensation not based upon the value of the services performed, that person shall be considered to be receiving no compensation.
    2. For purposes of this subsection, operation of a motor vehicle in compliance with section 321.231 by a volunteer fire fighter, volunteer operator, or attendant of an ambulance or rescue squad service, a volunteer paramedic, or volunteer emergency medical technician shall be considered rendering emergency care or assistance.
    3. For purposes of this subsection, a person rendering emergency care or assistance includes a person involved in a workplace rescue arising out of an emergency or accident.
  2. The following persons or entities, while acting reasonably and in good faith, who render emergency care or assistance relating to the preparation for and response to a sudden cardiac arrest emergency, shall not be liable for any civil damages for acts or omissions arising out of the use of an automated external defibrillator, whether occurring at the place of an emergency or accident or while such persons are in transit to or from the emergency or accident or while such persons are at or being moved to or from an emergency shelter:
    1. A person or entity that acquires an automated external defibrillator.
    2. A person or entity that owns, manages, or is otherwise responsible for the premises on which an automated external defibrillator is located if the person or entity maintains the automated external defibrillator in a condition for immediate and effective use at all times, subject to standards developed by the department of public health by rule.
    3. A person who retrieves an automated external defibrillator in response to a perceived sudden cardiac arrest emergency.
    4. A person who uses, attempts to use, or fails to use an automated external defibrillator in response to a perceived sudden cardiac arrest emergency.
    5. A person or entity that provides instruction in the use of an automated external defibrillator.

Iowa Code § 135.26

§ 135.26. Automated external defibrillator grant program:

The department shall establish and implement an automated external defibrillator grant program which provides matching funds to local boards of health, community organizations, or cities for the program after standards and requirements for the utilization of automated external defibrillator equipment, and training on the use of such equipment, are developed at the local level. The objective of the program shall be to enhance the emergency response system in rural areas of the state where access to health care providers is often limited by providing increased access to automated external defibrillator equipment by rural emergency and community personnel. A local board of health, community organization, or city may submit an application to the department for review. The department shall establish criteria for the review and approval of grant applications by rule, and may accept gifts, grants, bequests, and other private contributions, as well as state or federal funds, for purposes of the program. The amount of a grant shall not exceed fifty percent of the cost of the automated external defibrillator equipment to be distributed to the applicant and the training program to be administered by the applicant at the local level. Each application shall include information demonstrating that the applicant will provide matching funds of fifty percent of the cost of the program. Grant recipients shall submit an annual report to the department indicating automated external defibrillator equipment usage levels, patient outcomes, and number of individuals trained. For the purposes of this section, "rural" means a geographic area outside an urban or suburban setting with a population of less than fifty thousand persons.

Iowa Code § 147A.15

147A.15. Automated external defibrillator equipment--penalty:

Any person who damages, wrongfully takes or withholds, or removes any component of automated external defibrillator equipment located in a public or privately owned location, including batteries installed to operate the equipment, is guilty of a serious misdemeanor.

Iowa Administrative Code § 641-143.2(135)

For the purposes of these rules, the following definitions shall apply:

  • "Automated external defibrillator" or "AED" means an external semiautomatic device that determines whether defibrillation is required.
  • "Community organization" means an educational institution, nonprofit organization, social service agency, philanthropic organization, or business, trade, or professional association.
  • "CPR" means cardiopulmonary resuscitation.
  • "Department" means the Iowa department of public health.
  • "Early defibrillation program" means a program established by the applicant to enhance and supplement the local EMS system.
  • "EMS" means emergency medical services.
  • "Local board of health" means a county, city, or district board of health.
  • "Rural" means a geographic area outside an urban or suburban setting with a population of less than 15,000 persons.

Iowa Administrative Code § 641-143.3(135)

To be eligible for an automated external defibrillator program grant, a local board of health, community organization or city shall:

  • 143.3(1) Properly complete and submit the department's AED grant program application, which shall require an applicant to:
    1. Demonstrate the ability to provide matching funds of 50 percent of the cost of the program;
    2. Designate an individual who shall be responsible for the overall supervision of the early defibrillation program; and
    3. Include a plan for increasing rural emergency or community personnel access to automated external defibrillator equipment; and
  • 143.3(2) Notify local EMS service programs of the intent to establish an early defibrillation program.

Iowa Administrative Code § 641-143.4(135)

A local board of health, community organization or city that receives an automated external defibrillator program grant shall:

  • 143.4(1) Adopt and implement a policy that ensures establishment of an emergency plan of action; AED maintenance; personnel competency in the use of an AED and CPR; and a method for post event analysis and staff debriefing.
  • 143.4(2) Designate an individual who shall be responsible for the overall supervision of the early defibrillation program.
  • 143.4(3) Submit an annual report to the department indicating the number of AED uses, patient outcomes and number of individuals trained.
  • 143.4(4) Comply with the terms and conditions of the contract with the department for implementation of the program.
K - L

Hello residents of Kansas! If you're in need of laws or regulations concerning AEDs and defibrillators, you've come to the right place. While all of the following is of importance, please pay special attention to the segments highlighted in red, as they are often overlooked or have greater significance.

Kansas Statutes § 65-6149a, SB102 REVISED

Automated external defibrillator; use and possession, immunity from liability; notice of acquisition of unit; placement of units in state facilities.

  1.  
    1. Any person who in good faith renders emergency care or treatment by the use of or provision of an automated external defibrillator shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.
    2. No person or entity which owns, leases, possesses or otherwise controls an automated external defibrillator and provides such automated external defibrillator to others for use shall be held liable for any civil damages as a result of such use where the person or entity which owns, leases, possesses or otherwise controls the automated external defibrillator has developed, implemented and follows guidelines to ensure proper maintenance and operation of the device.
    3. No person licensed to practice medicine and surgery who pursuant to a prescription order authorizes the acquisition of an automated external defibrillator or participates in the development of usual and customary protocols for an automated external defibrillator by a person or entity which owns, leases,possesses or otherwise controls such automated external defibrillator and provides such automated external defibrillator for use by others shall be held liable for any civil damages as a result of such use.
    4. No person or entity which teaches or provides a training program for cardiopulmonary resuscitation that includes training in the use of automated external defibrillators shall be held liable for any civil damages as a result of such training or use if such person or entity has provided such training in a manner consistent with the usual and customary standards for the providing of such training.
  2. Pursuant to the provisions of this subsection, persons or entities which purchase or otherwise acquire an automated external defibrillator shall notify the emergency medical service which operates in the geographic area of the location of the automated external defibrillator. Persons or entities acquiring an automatic electronic defibrillator shall notify the emergency medical service providing local service on forms developed and provided by the emergency medical services board.
  3. The secretary of administration, in conjunction with the Kansas highway patrol, shall develop guidelines for the placement of automated external defibrillators in state owned or occupied facilities. The guidelines shall include, but not be limited to:
    1. Which state owned or occupied facilities should have automated external defibrillators readily available for use;
    2. recommendations for appropriate training courses in cardiopulmonary resuscitation and automated external defibrillators use
    3. integration with existing emergency response plans;
    4. proper maintenance and testing of the devices;
    5. coordination with appropriate professionals in the oversight of training; and
    6. coordination with local emergency medical services regarding placement and conditions of use.

Nothing in this subsection shall be construed to require the state to purchase automated external defibrillators.

Kentucky's laws governing the operation and maintenance of AEDs and defibrillators can be found here. Please take special of note the statutes highlighted in red.

Kentucky Revised Statutes § 311.667

In order to ensure public health and safety:

  1. A person or entity who acquires an AED shall ensure that:
    1. Expected AED users receive American Heart Association or American Red Cross training in CPR and AED use, or an equivalent nationally recognized course in CPR and AED use;
    2. he AED is maintained and tested according to the manufacturer's operational guidelines;
    3. There is medical oversight of the AED program by a physician licensed in Kentucky to ensure compliance with requirements for training, maintenance, notification, and communication with the local emergency medical services system. The physician providing oversight shall also work with the AED site to establish protocols for AED deployment and conduct a review of each use of an AED; and
    4. ny person who renders emergency care or treatment on a person in cardiac arrest by using an AED activates the local emergency medical services system as soon as possible and, if an entity with an AED program, reports any clinical use of the AED to the licensed physician.
  2. Any person or entity who acquires an AED shall notify an agent of the local emergency medical services system and the local emergency communications or vehicle dispatch center of the existence, location, and type of AED acquired.

Kentucky Revised Statutes § 311.668

  1. Any person or entity who, in good faith and without compensation, renders emergency care or treatment by the use of an AED shall be immune from civil liability for any personal injury as a result of the care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment, where the person acts as an ordinary, reasonable prudent person would have acted under the same or similar circumstances.
  2. The immunity from civil liability for any personal injury under subsection (1) of this section includes the licensed physician who is involved with AED site placement, the person or entity who provides the CPR and AED site placement, the person or entity who provides the CPR and AED training, and the person or entity responsible for the site where the AED is located.
  3. The immunity from civil liability under subsection (1) of this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care.
  4. The requirements of KRS 311.667 shall not apply to any individual using an AED in an emergency setting if that individual is acting as a Good Samaritan under KRS 411.148 and KRS 313.257.

Kentucky Revised Statutes § 311.669

  1. The provisions of KRS 311.665 to 311.669 shall not apply to the use of an AED by:
    1. Physicians, podiatrists, or osteopaths licensed under KRS Chapter 311 or chiropractors licensed under KRS Chapter 312;
    2. Physician assistants as defined in KRS 311.550;
    3. Registered nurses, practical nurses, or advanced registered nurse practitioners licensed under KRS Chapter 314;
    4. Dentists licensed under KRS Chapter 313; or
    5. Paramedics licensed, or first responders or emergency medical technicians certified, under KRS Chapter 311A.
  2. Nothing in this section shall preclude the licensing boards referred to in subsection (1) of this section from requiring continuing education or training on the use of an AED.

All laws for AEDs within the state of Louisiana can be found below. Some of the statutes have been highlighted in red; these sections are of particular importance.

Louisiana Revised Statutes § 9:2793

  1. No person who in good faith gratuitously renders emergency care, first aid or rescue at the scene of an emergency, or moves a person receiving such care, first aid or rescue to a hospital or other place of medical care shall be liable for any civil damages as a result of any act or omission in rendering the care or services or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the person involved in the said emergency; provided, however, such care or services or transportation shall not be considered gratuitous, and this Section shall not apply when rendered incidental to a business relationship, including but not limited to that of employer-employee, existing between the person rendering such care or service or transportation and the person receiving the same, or when incidental to a business relationship existing between the employer or principal of the person rendering such care, service or transportation and the employer or principal of the person receiving such care, service or transportation. This Section shall not exempt from liability those individuals who intentionally or by grossly negligent acts or omissions cause damages to another individual.
  2. The immunity herein granted shall be personal to the individual rendering such care or service or furnishing such transportation and shall not inure to the benefit of any employer or other person legally responsible for the acts or omissions of such individual, nor shall it inure to the benefit of any insurer.

Louisiana Revised Statutes § 40:1236.11

  1. The Legislature of Louisiana finds that each year more than three hundred fifty thousand Americans die from out-of-hospital sudden cardiac arrest. More than ninety-five percent of these Americans die, in many cases because a lifesaving defibrillator did not arrive at the scene of the emergency in time.
  2. The American Heart Association estimates that more than twenty thousand deaths may be prevented each year if defibrillators were more widely available to designated responders.
  3. Many communities throughout the state and nation have invested in 911 emergency response systems, emergency personnel, and ambulance vehicles. However, many of these communities do not have enough defibrillators in their community.
  4. It is therefore the intent of the legislature to encourage greater acquisition, deployment, and use of automated external defibrillators in communities throughout the state.

uisiana Revised Statutes § 40:1236.12

As used in this Subpart "automated external defibrillator" and "AED" mean a medical device heart monitor and defibrillator that:

  1. Has received approval of its pre-market notification filed pursuant to 21 U.S.C. 360(k) from the United States Food and Drug Administration.
  2. Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining whether defibrillation should be performed.
  3. Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.
  4. Is capable of delivering the electrical impulse to an individual's heart.

Louisiana Revised Statutes § 40:1236.13

  1. In order to ensure public health and safety, any person or entity that possesses an AED shall ensure that:
    1. The AED is maintained and tested according to the manufacturer's guidelines.
    2. A licensed physician or advanced practice registered nurse who is authorized to prescribe is involved in the possessor's program to ensure compliance with the requirements for training, emergency medical service (EMS) notification, and maintenance.
    3.  
      1. Expected AED users regularly, on the premises of a particular entity, such as a work site or users who carry an AED in a private security patrol vehicle, receive appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED from any nationally recognized course in CPR and AED use.
      2. For purposes of this Paragraph, "expected AED users" shall be any person designated by the possessor to render emergency care.
      3. The emergency medical services system is activated as soon as possible when an individual renders emergency care to an individual in cardiac arrest by using an AED.
      4. Any clinical use of the AED is reported to the licensed physician or advanced practice registered nurse involved in the possessor's program.
  2. Any person or entity that possess an AED shall notify the bureau of emergency medical services of the Department of Health and Hospitals and a local provider of emergency services, such as 911 service, local ambulance service, or the fire department of the acquisition, location, and type of AED.
  3. Any manufacturer, wholesale supplier, or retailer of an AED shall notify purchasers of AED's intended for use in the state of the requirements of this Section.
  4.  
    1. The owner of or the entity responsible for a physical fitness facility shall keep an AED on its premises.
    2. As used in this Subsection:
      1. "Physical fitness facility" means a facility for profit or nonprofit with a membership of over fifty persons that offers physical fitness services. This term includes but is not limited to clubs, studios, health spas, weight control centers, clinics, figure salons, tanning centers, athletic or sport clubs, and YWCA and YMCA organizations.
      2. "Physical fitness services" means services for the development of physical fitness through exercise or weight control. It shall not include a business limited solely to the practice of physical therapy, as defined in R.S. 37:2401, by a therapist licensed by the Louisiana State Board of Medical Examiners, nor shall it apply to medically related services performed by a physician licensed by the Louisiana State Board of Medical Examiners in a private office, clinic, or hospital.
  5.  
    1. Any institution of high education that competes in intercollegiate athletics shall have an AED on its premises in its athletic department.
    2. Each high school that participates in interscholastic athletics shall have an AED on its premises, if funding is available.
  6. The office of public health within the Department of Health and Hospitals, through its center for community health, emergency medical services shall promulgate all necessary rules and regulations to implement the provisions of Subsections D and E of this Section. Such rules and regulations shall, at a minimum, provide for compliance, enforcement, and penalties.

Louisiana Revised Statutes § 40:1236.14

In addition to the civil immunity provided to persons rendering emergency assistance as provided by law, including R.S. 9:2793, R.S. 37:1731, 1732, and 1735, and R.S. 40:1231.2, any prescribing advanced practice registered nurse or physician who authorizes the purchase of the AED, any physician or advanced practice registered nurse involved in the possessor's program, any individual or entity which provides training in cardiopulmonary resuscitation and in the use of an AED, any purchaser of an AED, any person or entity responsible for the site or the private security patrol vehicle where an AED is located, and any expected user regularly on the premises or in the vehicle shall not be liable for any civil damages arising from any act or omission of acts related to the operation of or failure to operate an AED that do not amount to willful or wanton misconduct or gross negligence.

M

Laws pertaining to AEDs and defibrillators within the state of Maine are located below.

22 Maine Revised Statutes § 2150-C

Automated external defibrillators; immunity from civil liability.

  1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings:
    1. ”Automated external defibrillator” or “AED” means a medical device that combines a heart monitor and a defibrillator approved by the United States Food and Drug Administration that:
      1. Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;
      2. Is capable of determining, without intervention by an operator, whether defibrillation should be performed on an individual; and
      3. Upon determination that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual’s heart.
  2. Immunity. The following persons and entities are immune from civil liability for damages relating to the use, possession or purchase of an AED and arising out of acts or omissions relating to preparing for and responding to suspected sudden cardiac arrest emergencies absent gross negligence or willful or wanton misconduct:
    1. Any person or entity that acquires an AED;
    2. Any person or entity that owns, manages or is otherwise responsible for the premises on which an AED is located;
    3. Any person who retrieves an AED in response to a perceived sudden cardiac arrest emergency;
    4. Any person who uses, attempts to use or fails to use an AED in response to a perceived sudden cardiac arrest emergency;
    5. Any physician or other authorized person who issues a prescription for the purchase of an AED;
    6. Any person or entity that is involved with the design, management or operation of an AED program; and
    7. Any person or entity that provides instruction in the use of an AED.

14 Maine Revised Statutes § 164

Notwithstanding any inconsistent provisions of any public or private and special law, any person who voluntarily, without the expectation of monetary or other compensation from the person aided or treated, renders first aid, emergency treatment or rescue assistance to a person who is unconscious, ill, injured or in need of rescue assistance, shall not be liable for damages for injuries alleged to have been sustained by such person nor for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such first aid, emergency treatment or rescue assistance, unless it is established that such injuries or such death were caused willfully, wantonly or recklessly or by gross negligence on the part of such person. This section shall apply to members or employees of nonprofit volunteer or governmental ambulance, rescue or emergency units, whether or not a user or service fee may be charged by the nonprofit unit or the governmental entity and whether or not the members or employees receive salaries or other compensation from the nonprofit unit or the governmental entity. This section shall not be construed to require a person who is ill or injured to be administered first aid or emergency treatment if such person objects thereto on religious grounds. This section shall not apply if such first aid or emergency treatment or assistance is rendered on the premises of a hospital or clinic.

20-A Maine Revised Statutes §6304

Automated external defibrillators and cardiopulmonary resuscitation:

School boards may place automated external defibrillators in occupied school buildings and at school athletic events. School personnel and members of the public may receive training on how to perform cardiopulmonary resuscitation and use automated external defibrillators in order to acquire the skills and confidence to respond to emergencies.

Please use this section as a quick reference for laws and statutes referencing AEDs and defibrillators within the state of Maryland.

Maryland Code, Education § 13-517

  1.  
    1. In this section the following words have the meanings indicated.
    2. “Automated external defibrillator (AED)” means a medical heart monitor and defibrillator device that:
      1. Is cleared for market by the federal Food and Drug Administration;
      2. Recognizes the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;
      3. Determines, without intervention by an operator, whether defibrillation should be performed;
      4. On determining that defibrillation should be performed, automatically charges;  and
        1. Requires operator intervention to deliver the electrical impulse;  or
        2. Automatically continues with delivery of electrical impulse.
    3. “Certificate” means a certificate issued by the EMS Board to a registered facility.
    4. “Facility” means an agency, association, corporation, firm, partnership, or other entity.
    5. 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.
    6. “Program” means the Public Access Automated External Defibrillator Program.
    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:
      1. The regional medical director;
      2. The regional administrator;  and
      3. Three or more individuals with knowledge of and expertise in AEDs.
    10. “Registered facility” means an organization, business association, agency, or other entity that meets the requirements of the EMS Board for registering with the Program.
  2.  
    1. here is a Public Access Automated External Defibrillator Program.
    2. The purpose of the Program is to coordinate an effective statewide public access defibrillation program.
    3. The Program shall be administered by the EMS Board.
  3. The EMS Board may:
    1. Adopt regulations for the administration of the Program;
    2. Issue and renew certificates to facilities that meet the requirements of this section;
    3. Deny, suspend, revoke, or refuse to renew the certificate of a registered facility for failure to meet the requirements of this section;
    4. Approve educational and training programs required under this section that:
      1. Are conducted by any private or public entity;
      2. Include training in cardiopulmonary resuscitation and automated external defibrillation;  and
      3. May include courses from nationally recognized entities such as the American Heart Association, the American Red Cross, and the National Safety Council;
    5. Approve the protocol for the use of an AED;  and
    6. Delegate to the Institute any portion of its authority under this section.
  4.  
    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:
      1. A jurisdictional emergency medical services operational program;
      2. A licensed commercial ambulance service;
      3. A health care facility as defined in § 19-114 of the Health--General Article ;  or
      4. A place of business for health care practitioners who are licensed as dentists under Title 4 of the Health Occupations Article or as physicians under Title 14 of the Health Occupations Article and are authorized to use an AED in accordance with that license.
  5. To qualify for a certificate a facility shall:
    1. Comply with the written protocol approved by the EMS Board for the use of an AED which includes 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 AED;
    2. Have established automated external defibrillator maintenance, placement, operation, reporting, and quality improvement procedures as required by the EMS Board;
    3. Maintain each AED and all related equipment and supplies in accordance with the standards established by the device manufacturer and the federal Food and Drug Administration;  and
    4. Ensure that each individual who is expected to operate an AED for the registered facility has successfully completed an educational training course and refresher training as required by the EMS Board.
  6. A registered facility shall report the use of an AED to the Institute for review by the regional council AED committee.
  7. A facility that desires to establish or renew a certificate shall:
    1. Submit an application on the form that the EMS Board requires;  and
    2. Meet the requirements under this section.
  8.  
    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:
      1. The type of certificate;
      2. The full name and address of the facility;
      3. A unique identification number;  and
      4. The dates of issuance and expiration of the certificate.
    3. A certificate is valid for 3 years.
      1. The EMS Board may issue a cease and desist order or obtain injunctive relief if a facility makes automated external defibrillation available in violation of this section.
  9.  
    1. In addition to any other immunities available under statutory or common law, a registered facility is not civilly liable for any act or omission in the provision of automated external defibrillation if the registered facility:
      1. Has satisfied the requirements for making automated external defibrillation available under this section;  and
      2. 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, a member of the regional council AED committee 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:
      1. 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;
      2. The assistance or aid is provided in a reasonably prudent manner; and
      3. The automated external defibrillation is provided without fee or other compensation.
    4. The immunities in this subsection are not available if the conduct of the registered facility or an individual 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 a registered facility, a member of the regional council AED committee, or an individual may be entitled.
  10.  
    1. A registered 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. A registered 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.

Maryland Code, Education § 7-425

  1.  
    1. Each county board shall develop and implement an automated external defibrillator program that meets the requirements of § 13-517 of this article for each high school and middle school in the county.
    2. The program required under paragraph (1) of this subsection shall include provisions that:
      1. Ensure that an automated external defibrillator is provided on site;  and
      2. An individual trained in the operation and use of an automated external defibrillator is present at all school-sponsored athletic events.
  2. The Department, in consultation with the Department of Health and Mental Hygiene, the Maryland State School Health Council, and the Maryland Institute for Emergency Medical Services Systems, shall adopt regulations that:
    1. Establish guidelines for periodic inspections and annual maintenance of the automated external defibrillators;  and
    2. Assist county boards in carrying out the provisions of this section.

Maryland Code, Local Government § 1-1310

  1. In this section, “swimming pool” means a pool that is owned and operated by the governing body of a county or municipality.
  2.  
    1. Each county or municipality that owns or operates a swimming pool shall develop and implement an automated external defibrillator program that meets the requirements of § 13-517 of the Education Article for each swimming pool owned or operated by the county or municipality.
    2. The program required under paragraph (1) of this subsection shall include provisions that:
      1. ensure an automated external defibrillator is provided on-site;  and
      2. an individual trained in the operation and use of an automated external defibrillator is present at each swimming pool.
  3. The Department of Health and Mental Hygiene and the Maryland Institute for Emergency Medical Services Systems jointly shall adopt regulations that:
    1. establish guidelines for periodic inspections and annual maintenance of the automated external defibrillators;  and
    2. assist each county or municipality in carrying out the provisions of this section.

Massachusetts laws governing AEDs and defibrillators can all be found below. Some of the sections of greater significance have been highlighted in red so that you can make sure you meet these important requirements.

Massachusetts General Laws § 12V

Any person, whose usual and regular duties do not include the provision of emergency medical care, and who, in good faith, attempts to render emergency care Including, but not limited to, cardiopulmonary resuscitation or defibrillation, and does so without compensation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care.

Massachusetts General Laws § 12V 1/2

  1. As used in this section, the following words, shall, unless the context requires otherwise, have the following meanings:--
    • "AED", a semi-automatic or automatic external defibrillator.
    • "AED agency", a person that:
      1. possesses an AED that is maintained and tested in accordance with its manufacturer's guidelines,
      2. permits an AED provider to use an AED in its possession,
      3. requires that each AED provider, in each instance of responding to a request for emergency care or treatment, contacts the police or emergency medical services in the city or town in which they are located and provides a report to its AED medical director,
      4. prior to implementation of its public access defibrillation program, notifies the local police and the emergency medical services provider of the number, type and location of the AED in its possession, and
      5. contracts with an AED medical director, who shall be responsible for ensuring that the AED agency complies with AED maintenance, AED provider training and notice requirements.
    • "AED medical director", a physician practicing in or adjacent to the regional emergency medical service region of the city or town in which the AED agency with which he contracts is located, who:
      1. is an emergency physician or cardiologist or a physician having specialized training and knowledge concerning public access defibrillation,
      2. is knowledgeable about emergency medical services protocols established pursuant to chapter 111C,
      3. is familiar with cardiopulmonary resuscitation and AED action sequences,
      4. coordinates the activities of the AED agency with which he contracts and its AED providers, with the protocols described and the action sequences described in this section, and
      5. evaluates the activities of the AED agency with which he contracts.
    • "AED provider", a person:
      1. who has successfully completed a course in cardiopulmonary resuscitation and in the use of an AED that meets or exceeds the standards established by the American Heart Association or the American National Red Cross and
      2. whose evidence of successful course completion has not expired.
    • "Public access defibrillation program", a program sponsored by an AED agency, using AED providers and an AED medical director, which makes automatic external defibrillation and AED providers available to the public.
  2. Any AED provider who in good faith renders emergency cardiopulmonary resuscitation or automatic external defibrillation, in accordance with his training through a public access defibrillation program, to any person who apparently requires cardiopulmonary resuscitation or defibrillation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the rendering of emergency cardiopulmonary resuscitation or defibrillation.
  3. An AED medical director and an AED agency who in good faith participates in a public access defibrillator program shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from such participation.

Massachusetts General Laws 93 § 78A

A health club shall have on the premises at least 1 AED, as defined in section 12V½ of chapter 112, and shall have in attendance during staffed business hours at least 1 employee or authorized volunteer as an AED provider, as defined in said section l2V½ of said chapter 112.

Legislative note: This section shall not apply to a health club, as defined by section 78 of chapter 93 of the General Laws, if that health club employs 5 or fewer full-time equivalent employees, until 2 years after the effective date of this act. Sections 1 and 2 of this act shall not apply to a health club, as so defined by said section 78 of said chapter 93, if that health club employs more than 5 full-time equivalent employees, until 1 year after the effective date of this act. For the purposes of this section, the term 'full-time equivalent employee' shall equal 40 labor hours per week. (93 § 78A effective January 3, 2007)

Massachusetts General Laws 93 § 86

Absent a showing of gross negligence or willful or wanton misconduct, no cause of action against a health club or its employees may arise in connection with the use or non-use of a defibrillator.

Effective June 2012:

SECTION 1. This law shall be known, and may be cited as “Michael’s Law,” in memory of Michael T. Ellsessar, age 16, who died suddenly of cardiac arrest suffered during a high school football game, and was not immediately treated with an automated external defibrillator.”

SECTION 2. Chapter 69 of the general laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 8 the following section:

  • Section 8A. (a) Each school committee and commonwealth charter school board of trustees shall ensure that every school under its jurisdiction has a written medical emergency response plan to reduce the incidence of life-threatening emergencies and promote efficient responses to such emergencies. The plan shall be in addition to the multihazard evacuation plan required by section 363 of chapter 159 of the acts of 2000.

Each plan shall include:

  1. a method for establishing a rapid communication system linking all parts of the school campus, including outdoor facilities and practice fields, to the emergency medical services system and protocols to clarify when the emergency medical services system and other emergency contact people shall be called;
  2. a determination of emergency medical service response time to any location on campus;
  3. a list of relevant contacts and telephone numbers with a protocol indicating when each person shall be called, including names of experts to help with post-event support;
  4. a method to efficiently direct emergency medical services personnel to any location on campus, including to the location of available rescue equipment;
  5. safety precautions to prevent injuries in classrooms and on the facilities;
  6. a method of providing access to training in cardiopulmonary resuscitation and first aid for teachers, athletic coaches and trainers and other school staff, which may include training high school students in cardiopulmonary resuscitation; and
  7. in the event the school possesses an automated external defibrillator, the location of said device, whether or not its location is either fixed or portable, and those personnel who are trained in its use.

Plans shall be developed in consultation with the school nurse, school athletic team physicians, coaches and trainers, and the local emergency medical services agency, as appropriate. Schools shall practice the response sequence at the beginning of each school year and periodically throughout the year and evaluate and modify the plan as needed. Plans shall be submitted once every three years to the department of elementary and secondary education on or before September 1, beginning in the school year immediately following the effective date of this act. Plans must also be updated in the case of new construction or physical changes to the school campus.

Included in each initial and subsequent filing of a medical emergency response plan, each school district shall report on the availability of automated external defibrillators in each school within the district, including, the total amount available in each school, the location of each within the school, whether or not said device is in a fixed location or is portable, those personnel or volunteers who are trained in its use, those personnel with access to said device during regular school hours and after, and the total estimated amount necessary to ensure access during school hours, after-school activities, and public events.

  1. The department of elementary and secondary education, in consultation with the department of public health, shall develop a model medical emergency response plan in order to promote best practices. In developing the model plan, the department shall refer to research prepared by the American Heart Association, the American Academy of Pediatrics and other relevant organizations that indentifies the essential components of a medical emergency response plan. The department shall biennially update the model plan and post the plan on its website.

Here you can find the laws, regulations, and statutes pertaining to AEDs and defibrillators within the state of Michigan.

Michigan Compiled Laws § 691.1504

Sec. 4. (1) Subject to subsection (2), an individual who having no duty to do so in good faith voluntarily renders cardiopulmonary resuscitation to another individual is not liable in a civil action for damages resulting from an act or omission in rendering the cardiopulmonary resuscitation, except an act or omission that constitutes gross negligence or willful and wanton misconduct.

(2) Subsection (1) applies only to a civil action that is filed or pending on or after May 1, 1986.

(3) Subject to subsection (5), an individual who having no duty to do so in good faith voluntarily renders emergency services to another individual using an automated external defibrillator is not liable in a civil action for damages resulting from an act or omission in rendering the emergency services using the automated external defibrillator, except an act or omission that constitutes gross negligence or willful and wanton misconduct.

(4) Subject to subsection (5), the following persons are not liable in a civil action for damages resulting from an act or omission of an individual rendering emergency services using an automated external defibrillator as described in subsection (3), except if the person's actions constitute gross negligence or willful and wanton misconduct:

  1. A physician who provides medical authorization for use of an automated external defibrillator.
  2. An individual who instructs others in the use of an automated external defibrillator.
  3. An individual or entity that owns, occupies, or manages the premises where an automated external defibrillator is located or used.

(5) Subsections (3) and (4) apply only to a civil action that is filed or pending on or after the effective date of the amendatory act that added this subsection.

Michigan Compiled Laws § 333.26311

As used in this act:

  1. "AED" means automated external defibrillator.
  2. "Department" means the department of community health.
  3. "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
  4. "Health club" means an establishment that provides, as its primary purpose, services or facilities that are purported to assist patrons in physical exercise, in weight control, or in figure development, including, but not limited to, a fitness center, studio, salon, or club. A health club does not include a hotel or motel that provides physical fitness equipment or activities, an organization solely offering training or facilities for an individual sport, or a weight reduction center.

Michigan Compiled Laws § 333.26312

Beginning 1 year after the effective date of this act, [FN1] the owner or operator of a health club shall do all of the following:

  1. Employ at least 1 individual who has satisfactorily completed a course or courses in basic first aid, basic cardiopulmonary resuscitation, and AED use taught by the American red cross, the American heart association, or an equivalent organization approved by the department.
  2. Have available on the premises of the health club an AED deployed in a manner that provides obvious and ready accessibility to staff, members, and guests.
  3. Develop and implement an emergency plan to address emergency services, when needed, during operational hours at the health club.

Michigan Compiled Laws § 333.26313

  1. A person, including, but not limited to, a health club owner, operator, or employee, does not have a duty to render emergency service to an individual using an AED that a health club has on the premises.
  2. This act does not limit the applicability of 1963 PA 17, MCL 691.1501 to 691.1507.

Laws for the state of Minnesota relevant to AEDs and defibrillators are located below.

Minnesota Revised Statutes § 604A.01

A person at the scene of an emergency who knows that another person is exposed to or has suffered grave physical harm shall, to the extent that the person can do so without danger or peril to self or others, give reasonable assistance to the exposed person. Reasonable assistance may include obtaining or attempting to obtain aid from law enforcement or medical personnel. A person who violates this subdivision is guilty of a petty misdemeanor.

  1. A person who, without compensation or the expectation of compensation, renders emergency care, advice, or assistance at the scene of an emergency or during transit to a location where professional medical care can be rendered, is not liable for any civil damages as a result of acts or omissions by that person in rendering the emergency care, advice, or assistance, unless the person acts in a willful and wanton or reckless manner in providing the care, advice, or assistance. This subdivision does not apply to a person rendering emergency care, advice, or assistance during the course of regular employment, and receiving compensation or expecting to receive compensation for rendering the care, advice, or assistance.
  2. For the purposes of this section, the scene of an emergency is an area outside the confines of a hospital or other institution that has hospital facilities, or an office of a person licensed to practice one or more of the healing arts under chapter 147, 147A, 148, 150A, or 153. The scene of an emergency includes areas threatened by or exposed to spillage, seepage, fire, explosion, or other release of hazardous materials, and includes ski areas and trails.
  3. For the purposes of this section, "person" includes a public or private nonprofit volunteer firefighter, volunteer police officer, volunteer ambulance attendant, volunteer first provider of emergency medical services, volunteer ski patroller, and any partnership, corporation, association, or other entity.
  4. For the purposes of this section, "compensation" does not include payments, reimbursement for expenses, or pension benefits paid to members of volunteer organizations.
  5. For purposes of this section, "emergency care" includes providing emergency medical care by using or providing an automatic external defibrillator, unless the person on whom the device is to be used objects; or unless the person is rendering this care during the course of regular employment, the person is receiving or expects to receive compensation for rendering this care, and the usual and regular duties of the person include the provision of emergency medical care.

"Automatic external defibrillator" means a medical device heart monitor and defibrillator that:

  1. has received approval of its premarket notification, filed pursuant to United States Code, title 21, section 360(k), from the United States Food and Drug Administration;
  2. 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
  3. upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.

Subd. 5b.Defibrillator.

"Defibrillator" means an automatic, semiautomatic, or manual device that delivers an electric shock at a preset voltage to the myocardium through the chest wall and that is used to restore the normal cardiac rhythm and rate when the heart has stopped beating or is fibrillating.

Update to Minnesota Statute, 2010, section 120B.236 amended to read:

CARDOPULMONAY RESUSCITATION AND AUTOMATIC EXTERNAL DEFIBRILLATOR INSTRUCTION.

  1. School districts must provide onetime cardiopulmonary resuscitation and automatic external defibrillator instruction as part of their grade 7 to 12 curriculum for all students in that grade beginning in the 2014-2015 school year and later. Training and instruction provided under this section need not result in cardiopulmonary resuscitation certification. Cardiopulmonary resuscitation and automatic external defibrillator instruction must include cardiopulmonary resuscitation and automatic external defibrillator training that has been developed:
    1. by the American Heart Association or the American Red Cross and incorporate psychomotor skills to support instruction; or
    2. using nationally recognized, evidenced-based guidelines for cardiopulmonary resuscitation and incorporate psychomotor skills to support the instruction “Psychomotor skills” under this paragraph means hands-on practice to support cognitive learning; it does not mean cognitive-only instruction and training.
  2. School districts may use community members such as emergency medical technicians, paramedics, police officers, firefighters, and representatives of the Minnesota Resuscitation Consortium, the American Heart Association, or the American Red Cross, among others, to provide instruction and training under this section. Community members are encouraged to provide needed training and instruction resources such as cardiopulmonary resuscitation kits and other materials at no cost to the school districts. A school administrator may waive this curriculum requirement for a high school transfer student regardless of whether or not the student previously received instruction under this section, an enrolled student absent on the day the instruction occurred under this section, or an eligible student who has a disability. If a school district request resources, the Minnesota Resuscitation Consortium must provide them to the district for instruction and training provided to the students under this section.

These are the state laws of Mississippi that apply to AEDs and defibrillators.

MS Code § 41-60-31

As used in Sections 41-60-31 through 41-60-35.

  1. "AED" means an automated external defibrillator, which is a device, heart monitor and defibrillator that:
    1. Has received approval of its premarket notification filed under 21 USCS, Section 360(k) from the United States Food and Drug Administration;
    2. Is capable of recognizing the presence or absence of ventricular fibrillation, which is an abnormal heart rhythm that causes the ventricles of the heart to quiver and renders the heart unable to pump blood, or rapid ventricular tachycardia, which is a rapid heartbeat in the ventricles and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and
    3. Upon determining that defibrillation should be performed, automatically charges and advises the operator to deliver hands-free external electrical shock to patients to terminate ventricular fibrillation or ventricular tachycardia when the heart rate exceeds a preset value.
  2. "Emergency medical services (EMS) notification" means activation of the 911 emergency response system or the equivalent.

MS Code § 41-60-33

Any person may use an automated external defibrillator for the purpose of saving the life of another person in sudden cardiac death, subject to the following requirements:

  1. A Mississippi licensed physician must exercise medical control authority over the person using the AED to ensure compliance with requirements for training, emergency medical services (EMS) notification and maintenance;
  2. The person using the AED must have received appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED by the American Heart Association, American Red Cross, National Safety Council or other nationally recognized course in CPR and AED use;
  3. The AED must not operate in a manual mode except when access control devices are in place or when appropriately licensed individuals such as registered nurses, physicians or emergency medical technician-paramedics utilize the AED; and
  4. Any person who renders emergency care or treatment on a person in sudden cardiac death by using an AED must activate the EMS system as soon as possible, and report any clinical use of the AED to the licensed physician.

MS Code § 41-60-35

An individual may use an AED if all of the requirements of Section 41-60-33 are met. However, nothing in Sections 41-60-31 through 41-60-35 shall limit the right of an individual to practice a health occupation that the individual is otherwise authorized to practice under the laws of Mississippi.

H.B. 954

An act to authorize any person to use an automated external defibrillator for the purpose of saving the life of another person in sudden cardiac death if they meet the requirements of this act; to require persons who use automated external defibrillators to obtain appropriate training and to activate the emergency medical services system upon use of the defibrillator; to amend section 73-25-37, Mississippi code of 1972, to provide immunity from civil liability to certain persons rendering emergency care in good faith with an automated external defibrillator; and for related purposes.

Be it enacted by the legislature of the state of Mississippi:

Section 1.

  1. "AED" means an automated external defibrillator, which is a device, heart monitor and defibrillator that:
    1. Has received approval of its premarket 15 notification filed under 21 USCS, Section 360(k) from the United States Food and Drug Administration;
    2. Is capable of recognizing the presence or absence of ventricular fibrillation, which is an abnormal heart rhythm that causes the ventricles of the heart to quiver and renders the heart unable to pump blood, or rapid ventricular tachycardia, which is a rapid heartbeat in the ventricles and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and
    3. upon determining that defibrillation should be performed, automatically charges and advises the operator to deliver hands-free external electrical shock to its patients to terminate ventricular fibrillation or ventricular tachycardia when the heart rate exceeds a preset value.
  2. "Emergency medical services (EMS) notification" means activation of the 911 emergency response system or the equivalent.

Section 2.

Any person may use an automated external defibrillator for the purpose of saving the life of another person in sudden cardiac death, subject to the following requirements:

  1. A Mississippi licensed physician must exercise medical control authority over the person using the AED to ensure compliance with requirements for training, emergency medical services (EMS) notification and maintenance;
  2. The person using the AED must have received appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED by the American Heart Association, American Red Cross, National Safety Council or other nationally recognized course in CPR and AED use;
  3. The AED must not operate in a manual mode except when access control devices are in place or when appropriately licensed individuals such as registered nurses, physicians or emergency medical technician-paramedics utilize the AED; and
  4. Any person who renders emergency care or treatment on a person in sudden cardiac death by using an AED must activate the EMS system as soon as possible, and report any clinical use of the AED to the licensed physician.

Section 3.

An individual may use an AED if all of the requirements of Section 2 of this act are met. however, nothing in this act shall limit the right of an individual to practice a health occupation that the individual is otherwise authorized to practice under the laws of Mississippi.

Section 4.

Section 73-25-37, Mississippi Code of 1972, is amended as follows:

  1. No duly licensed, practicing physician, dentist, registered nurse, licensed practical nurse, certified registered emergency medical technician, or any other person who, in good faith and in the exercise of reasonable care, renders emergency care to any injured person at the scene of an emergency, or in transporting the injured person to a point where medical assistance can be reasonably expected, shall be liable for any civil damages to the injured person as a result of any acts committed in good faith and in the exercise of reasonable care or omissions in good faith and in the exercise of reasonable care bt such persons in rendering the emergency care to the injured person.
  2.  
    1. Any person who in good faith, with or without compensation, renders emergency care or treatment by the use of an automated external defibrillator (AED) in accordance with the provisions of Sections 1 through 3 of this act, shall be immune from civil liability for any personal injury as a result of that care or treatment, or as a result of any act, or failure to act, in providing or arranging further medical treatment, where the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances and the person's actions or failure to act does not amount to willful or wanton misconduct or gross negligence.
    2. The immunity from civil liability for any personal injury under subsection (2)(a) of this section includes the licensed physician who is involved with AED site placement, and the person who provides the CPR and AED training.
    3. The immunity from civil liability under subsection (2)(a) of this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care.

Section 5. This act shall take effect and be in force from and after July 1, 1999.

These are the state laws of Missouri that apply to AEDs and defibrillators.

Missouri Statutes § 190.092

  1. A person or entity who acquires an automated external defibrillator shall ensure that:
    1. Expected defibrillator users receive training by the American Red Cross or American Heart Association in cardiopulmonary resuscitation and the use of automated external defibrillators, or an equivalent nationally recognized course in defibrillator use and cardiopulmonary resuscitation;
    2. The defibrillator is maintained and tested according to the manufacturer's operational guidelines;
    3. Any person who renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical services system as soon as possible; and
    4. Any person or entity that owns an automated external defibrillator that is for use outside of a health care facility shall have a physician review and approve the clinical protocol for the use of the defibrillator, review and advise regarding the training and skill maintenance of the intended users of the defibrillator and assure proper review of all situations when the defibrillator is used to render emergency care.
  2. Any person or entity who acquires an automated external defibrillator shall notify the emergency communications district or the ambulance dispatch center of the primary provider of emergency medical services where the automated external defibrillator is to be located.
  3. Any person who has had appropriate training, including a course in cardiopulmonary resuscitation, has demonstrated a proficiency in the use of an automated external defibrillator, and who gratuitously and in good faith renders emergency care when medically appropriate by use of or provision of an automated external defibrillator, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of such care or treatment, where the person acts as an ordinarily reasonable, prudent person would have acted under the same or similar circumstances. The person or entity who provides appropriate training to the person using an automated external defibrillator, the person or entity responsible for the site where the automated external defibrillator is located, and the licensed physician who reviews and approves the clinical protocol, shall likewise not be held liable for civil damages resulting from the use of an automated external defibrillator, provided that all other requirements of this section have been met. Nothing in this section shall affect any claims brought pursuant to chapter 537 or 538, RSMo.
  4. The provisions of this section shall apply in all counties within the state and any city not within a county.

Missouri Statutes § 191.938

  1. There is hereby established an "Automated External Defibrillator Advisory Committee" within the department of health and senior services, subject to appropriations.
  2. The committee shall advise the department of health and senior services, the office of administration and the general assembly on the advisability of placing automated external defibrillators in public buildings, especially in public buildings owned by the state of Missouri or housing employees of the state of Missouri, with special consideration to state office buildings accessible to the public.
  3. The committee shall issue an initial report no later than June 1, 2002, and a final report no later than December 31, 2002, to the department of health and senior services, the office of administration and the governor's office. The issues to be addressed in the report shall include, but need not be limited to:
    1. The advisability of placing automated external defibrillators in public buildings and the determination of the criteria as to which public buildings should have automated external defibrillators and how such automated external defibrillators' placement should be accomplished;
    2. Projections of the cost of the purchase, placement and maintenance of any recommended automated external defibrillator placement;
    3. Discussion of the need for, and cost of, training personnel in the use of automated external defibrillators and in cardiopulmonary resuscitation;
    4. The integration of automated external defibrillators with existing emergency service
  4. The committee shall be composed of the following members appointed by the director of the department of health and senior services:
    1. A representative of the department of health and senior services;
    2. A representative of the division of facilities management in the office of administration;
    3. A representative of the American Red Cross;
    4. A representative of the American Heart Association;
    5. A physician who has experience in the emergency care of patients.
  5. The department of health and senior services member shall be the chair of the first meeting of the committee. At the first meeting, the committee shall elect a chairperson from its membership. The committee shall meet at the call of the chairperson, but not less than four times a year.
  6. The department of health and senior services shall provide technical and administrative support services as required by the committee. The office of administration shall provide technical support to the committee in the form of information and research on the number, size, use and occupancy of buildings in which employees of the state of Missouri work.
  7. Members of the committee shall receive no compensation for their services as members, but shall be reimbursed for expenses incurred as a result of their duties as members of the committee.
  8. The committee shall adopt written bylaws to govern its activities.
  9. The automated external defibrillator advisory committee shall terminate on June 1, 2003.

These are the state laws of Montana that apply to AEDs and defibrillators.

Montana Code § 50-6-501

Definitions:

As used in this part, unless the context indicates otherwise, the following definitions apply:

  1. "Automated external defibrillator" or "AED" means a medical device that:
    1. has received approval for marketing from the U.S. food and drug administration;
    2. is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and of determining, without intervention by an operator, whether defibrillation should be performed;
    3. upon determining that defibrillation should be performed, automatically charges and indicates that it is ready to deliver an electrical impulse to an individual's heart; and
    4. may be used by an operator of the device to deliver an electrical impulse to an individual's heart.
  2. "Department" means the department of public health and human services provided for in 2-15-2201.
  3. "Emergency medical service" means an emergency medical service as defined by 50-6-302.
  4. "Entity" means a public agency, department, office, board, or commission or other governmental organization or a private corporation, partnership, group, or business or other private organization.
  5. "Physician" means an individual licensed to practice medicine pursuant to Title 37, chapter 3, part 3.
  6. "Public safety answering point" means a communications facility operated on a 24-hour basis that first receives 9-1-1 calls from persons in a 9-1-1 service area and that may, as appropriate, directly dispatch public or private safety services or transfer or relay 9-1-1 calls to appropriate public safety agencies.

Montana Code § 50-6-502

In order for an entity to use or allow the use of an automated external defibrillator, the entity shall:

  1. establish a program for the use of an AED that includes a written plan that complies with this part and rules adopted by the department pursuant to 50-6- 503. The plan must specify:
    1. where the AED will be placed;
    2. the individuals who are authorized to operate the AED;
    3. how AED use will be coordinated with an emergency medical service providing services in the area where the AED is located;
    4. the medical oversight that will be provided;
    5. the maintenance that will be performed on the AED;
    6. records that will be kept by the program;
    7. reports that will be made of AED use; and
    8. other matters as specified by the department;
  2. adhere to the written plan required by subsection (1);
  3. ensure that before using the AED, an individual authorized to operate the AED receives appropriate training approved by the department in cardiopulmonary resuscitation and the proper use of an AED;
  4. maintain, test, and operate the AED according to the manufacturer's guidelines and maintain written records of all maintenance and testing performed on the AED;
  5. each time an AED is used for an individual in cardiac arrest, require that an emergency medical service is summoned to provide assistance as soon as possible and that the AED use is reported to the department as required by the written plan;
  6. before allowing any use of an AED, provide the following to all licensed emergency medical services and any public safety answering point or emergency dispatch center providing services to the area where the AED is located:
    1. a copy of the plan prepared pursuant to this section; and
    2. written notice, in a format prescribed by department rules, stating:
      1. that an AED program is established by the entity;
      2. where the AED is located; and
      3. how the use of the AED is to be coordinated with the local emergency medical service system; and
    3. comply with this part and rules adopted by the department pursuant to 50-6-503.

    Montana Code § 50-6-503

    1. The department shall adopt rules specifying the following:
      1. the contents of the written notice required by 50-6-502(6);
      2. reporting requirements for each use of an AED;
      3. the contents of a plan prepared in accordance with 50-6-502 and requirements applicable to the subject matter of the plan;
      4. training requirements in cardiopulmonary resuscitation and AED use for any individual authorized by an AED program plan to use an AED;
      5. guidelines for medical oversight of an AED program;
      6. minimum requirements for a medical protocol for use of an AED;
      7. performance requirements for an AED in order for the AED to be used in an AED program; and
      8. a list of the AED training programs approved by the department.
    2. The department may not adopt rules for any purpose other than those in subsection

    Montana Code § 50-6-505

    1. An individual who provides emergency care or treatment by using an AED in compliance with this part and rules adopted by the department pursuant to 50-6- 503 and an individual providing cardiopulmonary resuscitation to an individual upon whom an AED is or may be used are immune from civil liability for a personal injury that results from that care or treatment or from civil liability as a result of any act or failure to act in providing or arranging further medical treatment for the individual upon whom the AED was used unless the individual using the AED or the person providing cardiopulmonary resuscitation, as applicable, acts with gross negligence or with willful or with wanton disregard for the care of the person upon whom the AED is or may be used.
    2. The following individuals or entities are immune from civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if applicable provisions of this part and rules adopted by the department pursuant to 50-6-503 have been met by the individual or entity:
      1. a person providing medical oversight of the AED program as designated in the plan prepared pursuant to 50-6-502;
      2. the entity responsible for the AED program, as designated in the plan prepared pursuant to 50-6-502;
      3. an individual providing training to others on the use of an AED.

    Montana Administrative Code § 37.104.601

    DEFINITIONS The following definitions apply to this chapter, in addition to the definitions contained in 50-6-501, MCA:

    1. "Automated external defibrillators (AED) training program" means a course of instruction approved by the department which provides the initial education in the use of the AED and which has requirements for continued assurance of the competency of individuals in using an AED.
    2. "CPR" means cardiopulmonary resuscitation.
    3. "Medical supervisor" means a physician, physician assistant, registered nurse, or nurse practitioner licensed in Montana who completes a training program provided by the department and who agrees to provide medical supervision to an approved AED program.

    Montana Administrative Code § 37.104.604

    WRITTEN PLAN (1) An entity wishing to use or allow the use of an AED shall develop, update as changes are made, and adhere to a written plan that:

    1. for a stationary location specifies the physical address where the AED will be located;
    2. for a mobile location specifies the geographic area in which the AED will be used and specifies how the AED will be transported to the scene of a cardiac arrest;
    3. includes the names of the individuals currently authorized to use the AED;
    4. describes how the AED use will be coordinated with each licensed emergency medical service providing coverage in the area where the AED is located, including how emergency medical services will be activated every time that an AED is attached to a patient;
    5. specifies the name, telephone number(s), and address of the Montana licensed medical supervisor who will be providing medical supervision to the AED program and how the medical supervisor, or the medical supervisor's designee, will supervise the AED program;
    6. specifies the name, telephone number(s), and address of the medical supervisor's designee, if any, who will assist the medical supervisor in supervising the AED program;
    7. specifies the maintenance procedures for the AED, including how it will be maintained, tested, and operated according to the manufacturer's guidelines;
    8. requires that written or electronic records of all maintenance and testing performed on the AED be kept;
    9. describes the records that will be maintained by the program; and
    10. describes how the required reports of AED use will be made to the medical supervisor of the AED program, or their designee, and to the department.

    Montana Administrative Rule § 37.104.605

    1. Prior to allowing any use of an AED, an entity must provide the following, in addition to a copy of the plan required by ARM 37.104.604, to each licensed emergency medical service and public safety answering point or emergency dispatch center in the area where the AED is located:
      1. a written notice, on a form provided by the department, that includes the following information:
        1. the name of the entity that is establishing the AED program;
        2. the business address and telephone number, including physical location, of the entity;
        3. the name, telephone number and address of the individual who is responsible for the onsite management of the AED program;
        4. the starting date of the AED program; and
        5. where the AED is physically located.

    Montana Administrative Code § 37.104.606

    1. Every time an AED is attached to a patient, its use must be reported to the medical supervisor or the medical supervisor's designee and the report must include the information required by the medical supervisor.
    2. Every time an AED is attached to a patient, the medical supervisor or the medical supervisor's designee shall provide to the department, on a form provided by the department, the following information:
      1. the name of the entity responsible for the AED;
      2. the name, address, and telephone number of the medical supervisor;
      3. the date of the call;
      4. the age of the patient;
      5. the gender of the patient;
      6. location of the cardiac arrest;
      7. estimated time of the cardiac arrest;
      8. whether or not CPR was initiated prior to the application of the AED;
      9. whether or not the cardiac arrest was witnessed;
      10. the time the first shock was delivered to the patient;
      11. the total number of shocks delivered;
      12. whether or not there was a pulse after the shocks and whether or not the pulse was sustained; and
      13. whether or not the patient was transported, and if so, the name of the transporting agency and the location to which the patient was transported.

    Montana Administrative Code § 37.104.610

    TRAINING

    1. In order to be authorized by an AED program plan to use an AED, an individual must:
      1. complete a cardiopulmonary resuscitation and AED training program that meets the standards of the American Heart Association and must renew this training at intervals not to exceed two years.

    Montana Administrative Code § 37.104.615

    MEDICAL PROTOCOL

    1. A medical protocol for defibrillation use must be consistent with the requirements for defibrillation set out in the "2005 American Heart Association Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiac Care" published in "Circulation", a journal of the American Heart Association, November 29, 2005, Volume 112, Issue 22 Supplement, and in the 2005 American Heart Association Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiac Care.
    2. The department adopts and incorporates by reference the guidelines for defibrillation referred to in (1), which set guidelines for proper defibrillation. A copy of the documents referred to in (1) may be obtained from the American Heart Association at http://circ.ahajournals.org/content/vol112/24_suppl/.
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These are the states laws of Nebraska that apply to AEDs and defibrillators.

Nebraska Revised Statutes § 71-51,102

Automated external defibrillator; use; conditions; liability

  1. For purposes of this section:
    1. Automated external defibrillator means a device that:
      1. Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining, without intervention of an operator, whether defibrillation should be performed; and
      2. Automatically charges and requests delivery of an electrical impulse to an individual's heart when it has identified a condition for which defibrillation should be performed;
    2. Emergency medical service means an emergency medical service as defined in section 38-1207;
    3. Health care facility means a health care facility as defined in section 71-413 ;
    4. Health care practitioner facility means a health care practitioner facility as defined in section 71-414 ; and
    5. Health care professional means any person who is licensed, certified, or registered by the Department of Health and Human Services and who is authorized within his or her scope of practice to use an automated external defibrillator.
  2. Except for the action or omission of a health care professional acting in such capacity or in a health care facility, no person who delivers emergency care or treatment using an automated external defibrillator shall be liable in any civil action to respond in damages as a result of his or her acts of commission or omission arising out of and in the course of rendering such care or treatment in good faith. Nothing in this subsection shall be construed to (a) grant immunity for any willful, wanton, or grossly negligent acts of commission or omission or (b) limit the immunity provisions for certain health care professionals as provided in section 38-1232.
  3. A person acquiring an automated external defibrillator shall notify the local emergency medical service of the existence, location, and type of the defibrillator and of any change in the location of such defibrillator unless the defibrillator was acquired for use in a private residence, a health care facility, or a health care practitioner facility.

14-001 Scope and Authority: These regulations apply to the acquiring and use of automated external defibrillators as defined in Neb. Rev. Stat. § 71-51,102.

14-002 Definitions:

Automated external defibrillator (AED) means a device that:

  1. Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;
  2. Is capable of determining, without intervention of an operator, whether defibrillation should be performed; and
  3. Automatically charges and requests delivery of an electric impulse to an individual's heart when it has identified a condition for which defibrillation should be performed.

Health care professional means any person who is licensed, certified, or registered by the Department of Health and Human Services Regulation and Licensure and who is authorized within his/her scope of practice to use an automated external defibrillator.

14-003 Acquisition of Automated External Defibrillators: A person acquiring an automated external defibrillator must notify the local emergency medical service of the existence, location, and type of the defibrillator, and of any change in the location of such defibrillator unless the defibrillator was acquired for use in a private residence, a health care facility, or a health care practitioner facility.

If an Automated External Defibrillator is located in a vehicle or other movable object, only the primary site where the vehicle or object is located is required to be reported.

14-004 Liability: Except for the action or omission of a health care professional acting in such capacity or in a health care facility, no person who delivers emergency care or treatment using an automated external defibrillator as prescribed in 172 NAC 14 will be liable in any civil action to respond in damages as a result of his/her acts of commission or omission arising out of and in the course of rendering such care or treatment in good faith. Nothing in this section will be construed: (a) to grant immunity for any willful, wanton, or grossly negligent acts of commission or omission or (b) limit the immunity provisions for certain health care professionals as provided in Neb. Rev. Stat. § 71-5194.

You will find all of Nevada's statutes and laws concerning AEDs and defibrillators below.

Nevada Rev. Stat. Ann. § 450B.610

Maintenance of database by Health Division; disclosure of information in database; duties of manufacturer; registration of defibrillator; civil penalty for violation.

  1. The Health Division shall:
    1. Within the limitations of available funding, establish and maintain a database containing:
      1. The name and address of each person who owns an automated external defibrillator for commercial use in this State;
      2. If the defibrillator has been registered with the Health Division pursuant to subsection 4, the name, street address and telephone number of the business or organization that has placed the defibrillator for use on its premises, and the specific location at which the defibrillator is stored; and
      3. If the defibrillator has been registered with the Health Division pursuant to subsection 5, the information concerning the defibrillator that was required for registration by the Health Division.
    2. Make the information in the database available to each agency and facility that employs an emergency medical dispatcher in this State.
    3. Apply for and accept any gifts, grants or donations to establish and maintain the database.
  2. An emergency medical dispatcher may disclose the information in the database to any person for the purpose of providing emergency medical care.
  3. A manufacturer that sells an automated external defibrillator for commercial use in this State shall:
    1. Notify the purchaser in writing of the opportunity to register the defibrillator pursuant to subsection 4;
    2. On or before January 10, April 10, July 10 and October 10 of each year, notify the Health Division of the name and address of each person who purchased such a defibrillator from the manufacturer during the immediately preceding 3 calendar months; and
    3. Provide to each person who purchases such a defibrillator from the manufacturer information regarding the installation, use, maintenance and operation of the defibrillator and any related training that is available.
  4. A person who purchases an automated external defibrillator for commercial use in this State may register the defibrillator with the Health Division by providing the Health Division with the person's name, street address and telephone number, the name, street address and telephone number of the business or organization on whose premises the defibrillator will be placed for use, and the specific location at which the defibrillator will be stored.
  5. A person who owns an automated external defibrillator for use in a private residence may register the defibrillator with the Health Division by providing such information concerning the defibrillator as required by the Health Division.
  6. The Health Division may impose a civil penalty upon a manufacturer of not more than $500 for each violation of this section by the manufacturer. All money collected from the imposition of a civil penalty must be used for the maintenance of the database established pursuant to subsection 1.

Nevada Rev Stat § 450B.620

  1. Except as otherwise provided in NRS 450B.600, the board of trustees of each school district in this State, to the extent that money is available, may provide for the placement of an automated external defibrillator in each public school in the school district and at each athletic facility maintained by the school district at a location that is separate from a public school. Each defibrillator must be appropriate for use on children and adults and be limited to use on school property and at school events. The board of trustees may accept:
    1. The donation of a defibrillator that complies with the standards established by the United States Food and Drug Administration; and
    2. Gifts, grants and donations for use in obtaining, inspecting and maintaining a defibrillator.
  2. Each medical facility and health club in this State may provide for the placement of an automated external defibrillator in a central location at the medical facility or health club.
  3. Each school district, medical facility and health club that provides for the placement of one or more automated external defibrillators pursuant to this section shall:
    1. Ensure that each defibrillator is inspected and maintained on a regular basis; and
    2. Require any employee who will use a defibrillator to complete the training requirements of a course in basic emergency care of a person in cardiac arrest that includes training in the operation and use of an automated external defibrillator and is conducted in accordance with the standards of the American Heart Association, the American National Red Cross or any similar organization.

Nevada Rev Stat § 450B.600

  1. Not later than July 1, 2004, and thereafter:
    1. The board of trustees of a school district in a county whose population is 100,000 or more shall ensure that at least one automated external defibrillator is placed in a central location at each high school within the district.
    2. The Reno-Tahoe Airport Authority shall ensure that at least three automated external defibrillators are placed in central locations at the largest airport within the county.
    3. The board of county commissioners of each county whose population is 700,000 or more shall ensure that at least seven automated external defibrillators are placed in central locations at the largest airport within the county.
    4. The Board of Regents of the University of Nevada shall ensure that at least two automated external defibrillators are placed in central locations at each of:
      1. The largest indoor sporting arena or events center controlled by the University in a county whose population is 100,000 or more but less than 700,000; and
      2. The largest indoor sporting arena or events center controlled by the University in a county whose population is 700,000 or more.
    5. The Health Division shall ensure that at least one automated external defibrillator is placed in a central location at each of the following state buildings:
      1. The Capitol Building in Carson City;
      2. The Legislative Building in Carson City; and
      3. The Grant Sawyer Building in Las Vegas.
    6. The board of county commissioners of each county whose population is 100,000 or more shall:
      1. Identify five county buildings or offices in each of their respective counties which are characterized by large amounts of pedestrian traffic or which house one or more county agencies that provide services to large numbers of persons; and
      2. Ensure that at least one automated external defibrillator is placed in a central location at each county building or office identified pursuant to subparagraph (1).
  2. Each governmental entity that is required to ensure the placement of one or more automated external defibrillators pursuant to subsection 1:
    1. May accept gifts, grants and donations for use in obtaining, inspecting and maintaining the defibrillators;
    2. Shall ensure that those defibrillators are inspected and maintained on a regular basis; and
    3. Shall encourage the entity where the automated external defibrillator is placed to require any employee who will use the automated external defibrillator to successfully complete the training requirements of a course in basic emergency care of a person in cardiac arrest that includes training in the operation and use of an automated external defibrillator and is conducted in accordance with the standards of the American Heart Association, the American National Red Cross or any similar organization.

Nevada Rev Stat § 389.0185

  1. The State Board shall adopt regulations establishing courses of study and the grade levels for which the courses of study apply for:
    1. The academic subjects set forth in NRS 389.018. A course of study in health prescribed pursuant to paragraph (c) of subsection 3 of NRS 389.018 must, to the extent money is available for this purpose, for pupils enrolled in middle school, junior high school or high school, including, without limitation, pupils enrolled in those grade levels at a charter school, include instruction in:
      1. The administration of hands-only or compression-only cardiopulmonary resuscitation, including a psychomotor skill-based component, according to the guidelines of the American Red Cross or American Heart Association; and
      2. The use of an automated external defibrillator.
    2. Citizenship and physical training for pupils enrolled in high school.
    3. Physiology, hygiene and, except as otherwise prescribed by paragraph (a), cardiopulmonary resuscitation.
    4. The prevention of suicide.
    5. Instruction relating to child abuse.
    6. The economics of the American system of free enterprise.
    7. American Sign Language.
    8. Environmental education.
    9. Adult roles and responsibilities.

    A course of study established for paragraph (a) may include one or more of the subjects listed in paragraphs (b) to (i), inclusive.

  2. If a course of study in health in middle school, junior high school or high school includes instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator:
    1. A teacher who provides the instruction is not required to hold certification in the administration of cardiopulmonary resuscitation unless required by the board of trustees of the school district pursuant to NRS 391.092 or by the governing body of the charter school.
    2. The board of trustees of the school district or the governing body of the charter school may collaborate with entities to assist in the provision of the instruction and the provision of equipment necessary for the instruction, including, without limitation, fire departments, hospitals, colleges and universities and public health agencies.
    3. A pupil who is enrolled in a course of study in health through a program of distance education or a pupil with a disability who cannot perform the tasks included in the instruction is not required to complete the instruction to pass the course of study in health.

Nevada Rev Stat § 450B.0505

Automated external defibrillator or defibrillator means a medical device that:

  1. Has been approved by the United States Food and Drug Administration;
  2. Is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia in a patient;
  3. Is capable of determining, without intervention by the operator of the device, whether defibrillation should be performed on a patient;
  4. Upon determining that defibrillation should be performed on a patient, automatically charges and requests delivery of an electrical impulse to the patient s heart; and
  5. Upon appropriate action by the operator of the device, delivers an appropriate electrical impulse to the patient s heart.

You will find all of Nevada's statutes and laws concerning AEDs and defibrillators below.

NH Rev Stat § 153-A:31

Any person who, in good faith and without compensation, renders emergency care by the use of an automated external defibrillator shall not be liable for civil damages for any acts or omissions unless the acts or omissions were grossly negligent or willful and wanton. Any person, association, corporation or other organization that acquires and maintains an automated external defibrillator for emergency care shall not be liable for civil damages other than for gross negligence or willful and wanton acts or omissions. This section shall not limit civil liability protection provided by any other law.

NH Rev Stat § 153-A:30

Every person, association, corporation or other organization that acquires an automated external defibrillator shall require anticipated responders expected to use the automated external defibrillator to receive training in cardiopulmonary resuscitation and automated external defibrillator use. This section shall not limit the use of the automated external defibrillator to the anticipated responder nor shall this section limit the provisions of RSA 153-A:31.

NH Rev Stat § 153-A:33

  1. The owner of an automated external defibrillator shall register with the department of safety under RSA 153-A:32 within 30 days of acquisition.
  2. Manufacturers or distributors shall provide written notice to purchasers of the requirement to register automated external defibrillators with the department.
  3. The provisions of paragraphs I and II shall not apply to owners who purchase an automated external defibrillator for use in a private residence.

NH Rev Stat § 153-A:32

There shall be established in the department of safety a registry for all automated external defibrillators in the state. The department is authorized to release information from the registry to first responders in an emergency through the enhanced 911 system. Registration shall include the address and precise location of the automated external defibrillator.

NH Rev Stat § 153-A:29

For purposes of this subdivision, "automated external defibrillator'' means a medical device which combines a heart monitor and defibrillator and:

  1. Has been approved by the United States Food and Drug Administration;
  2. Is capable of recognizing the presence or absence of ventricular fibrillation;
  3. Is capable of determining whether defibrillation should be performed; and
  4. Automatically charges and requests delivery of an electrical impulse to an individual's heart, upon determination that defibrillation should be performed.

NH Rev Stat § 153-A:28

  1. The use of automated external defibrillators addresses an important public health problem in New Hampshire. It is the intent of the legislature to encourage the use and availability of automated external defibrillators, along with training in the use of automated external defibrillators, for the purpose of saving the lives of people in cardiac arrest.
  2. Further, the legislature strongly encourages dissemination of educational information regarding automated external defibrillators and encourages that access to these lifesaving devices be made widely available to businesses, schools, fire and police departments, and other public and private organizations throughout the state.

You will find the laws of New Jersey concerning AEDs and defibrillators below

NJ Stat § 18A:40-41a

    1. Notwithstanding the provisions of any law, rule, or regulation to the contrary, beginning on September 1, 2014, the board of education of a public school district and the governing board or chief school administrator of a nonpublic school that includes any of the grades kindergarten through 12 shall ensure that:
      1. each public or nonpublic school has an automated external defibrillator, as defined in section 2 of P.L.1999, c.34 (C.2A:62A24), which is made available in an unlocked location on school property with an appropriate identifying sign. The defibrillator shall be accessible during the school day and any other time when a school-sponsored athletic event or team practice is taking place in which pupils of the district or nonpublic school are participating. The defibrillator shall be within reasonable proximity of the school athletic field or gymnasium, as applicable;
      2. a team coach, licensed athletic trainer, or other designated staff member if there is no coach or licensed athletic trainer, who is present during the athletic event or team practice, is trained in cardio-pulmonary resuscitation and the use of the defibrillator in accordance with the provisions of section 3 of P.L.1999, c.34 (C.2A:62A-25). A school district or nonpublic school shall be deemed to be in compliance with this requirement if a State certified emergency services provider or other certified first responder is on site at the event or practice; and
      3. each defibrillator is tested and maintained according to the manufacturer's operational guidelines and notification is provided to the appropriate first aid, ambulance, or rescue squad or other appropriate emergency medical services provider regarding the defibrillator, the type acquired, and its location in accordance with section 3 of P.L.1999, c.34 (C.2A:62A-25).
    2. A school district or nonpublic school and its employees shall be immune from civil liability in the acquisition and use of defibrillators pursuant to the provisions of section 5 of P.L.1999, c.34 (C.2A:62A-27).
    1. The board of education of a public school district and the governing body or chief school administrator of a nonpublic school that includes any of the grades kindergarten through 12 shall establish and implement an emergency action plan for responding to a sudden cardiac event including, but not limited to, an event in which the use of an automated external defibrillator may be necessary.
    2. The emergency action plan shall be consistent with the provisions of section 1 of this act and also, at minimum, include the following:
      1. a list of no less than five school employees, team coaches, or licensed athletic trainers who hold current certifications from the American Red Cross, American Heart Association, or other training program recognized by the Department of Health and Senior Services, in cardio-pulmonary resuscitation and in the use of a defibrillator. The list shall be updated, as necessary, at least once in each semester of the school year; and
      2. detailed procedures on responding to a sudden cardiac event including, but not limited to, the identification of the persons in the school who will be responsible for: responding to the person experiencing the sudden cardiac event, calling 911, starting cardio pulmonary resuscitation, retrieving and using the defibrillator, and assisting emergency responders in getting to the individual experiencing the sudden cardiac event.
  1. The State Board of Education, in consultation with the Commissioner of Health and Senior Services, and in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations as may be necessary to implement the provisions of this act.
  2. This act shall take effect immediately.

NJ Assembly A2072

    1. Notwithstanding the provisions of any law, rule, or regulation to the contrary, beginning on September 1, 2014, the board of education of a public school district that includes grades 9 through 12, or the board of trustees of a charter school that includes grades 9 through 12, shall provide instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator as part of the existing health education curriculum. The board of education, or board of trustees, may select a no-cost, non-certification instructional program to meet this requirement.
    2. Each high school student shall be required to participate in the instructional program established pursuant to subsection a. of this section as a requirement for high school graduation.
  1. The instruction provided pursuant to section 1 of this act shall:
    1. be modeled from an instructional program established by the American Heart Association, American Red Cross, or other nationally-recognized association with expertise in instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator; and
    2. include a hands-on learning component for each participating student.
  2. This act shall take effect immediately

NJ Stat § 26:2H-12.26

  1. A nursing home that is licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall, no later than one year after the effective date of [this act] P.L.2004, c.93 (C.26:2H-12.26), and an assisted living facility that is licensed pursuant to P.L.1971, c.136 shall, no later than one year after the effective date of P.L. , c. (pending before the Legislature as this bill):
    1. acquire at least one defibrillator as defined in section 2 of P.L.1999, c.34 (C.2A:62A-24), which shall be maintained in a central location within the nursing home or assisted living facility that shall be made known and available to the employees of the nursing home or assisted living facility for the purposes of this act;
    2. ensure that the defibrillator is tested and maintained, and provide notification to the appropriate first aid, ambulance or rescue squad or other appropriate emergency medical services provider regarding the defibrillator, the type acquired and its location, pursuant to section 3 of P.L.1999, c.34 (C.2A:62A-25);
    3. arrange and pay for training in cardio-pulmonary resuscitation and the use of a defibrillator for employees of the nursing home or assisted living facility in accordance with the provisions of section 3 of P.L.1999, c.34 (C.2A:62A-25); and
    4. ensure that the employees of the nursing home or assisted living facility comply with the provisions of section 4 of P.L.1999, c.34 (C.2A:62A-26) concerning the use of the defibrillator. (cf: P.L.2004, c.93, s.1)
  2. This act shall take effect immediately

NJ SB 852

Section 1 of P.L.1999, c.34 (C.2A:62A-23) is amended to read as follows:

  1. The Legislature finds that [more]:
    1. More than 350,000 Americans die annually from out-of hospital sudden cardiac arrest. Many die needlessly because life saving defibrillators are not immediately available. The American Heart Association estimates that almost 100,000 deaths could be prevented each year if defibrillators were more widely available [to designated responders. Many communities in this State have invested in 911 emergency telephone equipment, ambulances and the training of emergency personnel. Not all emergency personnel, however, have been trained in or have immediate access to defibrillators.];
    2. Due to technological advances, automated external defibrillators may be used by lay persons without any training to provide defibrillation within the first minutes of cardiac arrest to victims, thereby increasing the victims’ chances of survival; and
    3. It is the intent of the Legislature to encourage greater acquisition, deployment, and use of automated external defibrillators [by trained personnel] throughout this State by expanding immunity from civil liability of persons who acquire automated external defibrillators and by granting immunity from civil liability to lay persons who use them in good faith in emergency situations. (cf: P.L.1999, c.34, s.1)
  2. Section 3 of P.L.1999, c.34 (C.2A:62A-25) is amended to read as follows:
  3. A person or entity that acquires an automated external defibrillator shall:
    1. Ensure that any person, who is anticipated by the person or entity that acquires the defibrillator to be in a position to render emergency care or treatment by the use of a defibrillator in the performance of that person’s duties of employment or volunteer service, shall, prior to using that defibrillator, [has] have successfully completed and [holds] hold a current certification from the American Red Cross, American Heart Association, or other training program recognized by the Department of Health and Senior Services in cardio-pulmonary resuscitation and use of a defibrillator; however, a person or entity that acquires a defibrillator shall not be liable for any act or omission of any lay person who uses the defibrillator in the rendering of emergency care;
    2. Ensure that the defibrillator is maintained and tested according to the manufacturer's operational guidelines;
    3. Notify the appropriate first aid, ambulance, or rescue squad, or other appropriate emergency medical services provider that the person or entity has acquired the defibrillator, the type acquired, and its location; and
    4. Prior to purchasing the automated external defibrillator, provide the prescribing licensed physician with documentation that the person or entity purchasing the defibrillator has a protocol in place to comply with the requirements of subsections a., b., and c. of this section. (cf: P.L.1999, c.34, s.3)
  4. Section 4 of P.L.1999, c.34 (C.2A:62A-26) is amended to read as follows:
    1. [A person shall not use a defibrillator unless he has successfully completed and holds a current certification from the American Red Cross, American Heart Association or other training program recognized by the Department of Health and Senior Services in cardio-pulmonary resuscitation and use of a defibrillator; provided however, this section shall not be applicable to a person who is licensed as a paramedic, emergency medical technician-D, or a first responder-D by the Department of Health and Senior Services.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
    2. Any person who uses a defibrillator shall request emergency medical assistance from the appropriate first aid, ambulance, or rescue squad as soon as practicable; however, a lay person who, in good faith, fails to request emergency medical assistance pursuant to this subsection shall be immune from civil liability for any personal injury that results from that failure. (cf: P.L.1999, c.34, s.4)
  5. Section 5 of P.L.1999, c.34 (C.2A:62A-27) is amended to read as follows:
      1. Any person or entity who, in good faith, acquires or provides a defibrillator, renders emergency care or treatment by the use of a defibrillator [or], assists in or supervises [such] the emergency care or treatment by the use of a defibrillator, or attempts to use a defibrillator for the purpose of rendering emergency care or treatment, and[,] who has complied with the requirements of this act, shall be immune from civil liability for any personal injury as a result of [such] that care or treatment, or as a result of any acts or omissions by the person or entity in providing, rendering, assisting in, or supervising the emergency care or treatment.
      2. A person or entity providing or maintaining an automated external defibrillator shall not be liable for any act or omission involving the use of a defibrillator in the rendering of emergency care by a lay person.
    1. The immunity provided in subsection a. of this section shall include the prescribing licensed physician and the person or entity who provided [the] training in cardio-pulmonary resuscitation and use of the defibrillator.
    2. This subsection shall not immunize a person for any act of gross negligence or willful or wanton misconduct. It shall not be considered gross negligence or willful or wanton misconduct to fail to use a defibrillator in the absence of an otherwise preexisting duty to do so. (cf: P.L.1999, c.34, s.5)
  6. Section 2 of P.L.2005, c.346 (C.2A:62A-31) is amended to read as follows:
  7. No later than one year after the effective date of this act:
    1. The owner or operator of a health club registered with the Director of the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to P.L.1987, c.238 (C.56:8-39 et seq.) shall:
      1. acquire at least one automated external defibrillator as defined in section 2 of P.L.1999, c.34 (C.2A:62A-24), and store it in an accessible location within the health club that is known and available to the employees of the health club for the purposes of this act; and
      2. ensure that the automated external defibrillator is tested and maintained, and provide notification to the appropriate first aid, ambulance, or rescue squad, or other appropriate emergency medical services provider regarding the defibrillator, the type acquired, and its location, pursuant to section 3 of P.L.1999, c.34 (C.2A:62A-25); and
    2. The owner or operator of a health club that is subject to the provisions of subsection a. of this section shall:
      1. arrange and pay for training in cardio-pulmonary resuscitation and the use of an automated external defibrillator for the employees of that health club in accordance with the provisions of [section 3 of P.L.1999, c.34 (C.2A:62A-25)] paragraph (2) of this subsection;
      2. ensure that the health club has at least one employee on site during its normal business hours who [is trained in cardio pulmonary resuscitation and the use of an automated external defibrillator in accordance with the provisions of section 3 of P.L.1999, c.34 (C.2A:62A-25)] holds current certification from the American Red Cross, American Heart Association, or other training program recognized by the Department of Health and Senior Services in cardio-pulmonary resuscitation and use of a defibrillator; and
      3. ensure that [the employees of that health club comply with the provisions of section 4 of P.L.1999, c.34 (C.2A:62A-26) concerning the use of the automated external defibrillator] an employee who uses a defibrillator requests emergency medical assistance from the appropriate first aid, ambulance, or rescue squad as soon as practicable. (cf: P.L. 2005, c.346, s.2)
  8. Section 1 of P.L.2004, c.93 (C.26:2H-12.26) is amended to read as follows:
    1. A nursing home that is licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall, no later than one year after the effective date of P.L.2004, c.93 (C.26:2H-12.26), and an assisted living facility that is licensed pursuant to P.L.1971, c.136 shall, no later than one year after the effective date of P.L.2009, c.46:
      1. acquire at least one defibrillator as defined in section 2 of P.L.1999, c.34 (C.2A:62A-24), which shall be maintained in a central location within the nursing home or assisted living facility that shall be made known and available to the employees of the nursing home or assisted living facility for the purposes of this act;
      2. ensure that the defibrillator is tested and maintained, and provide notification to the appropriate first aid, ambulance, or rescue squad, or other appropriate emergency medical services provider regarding the defibrillator, the type acquired, and its location, pursuant to section 3 of P.L.1999, c.34 (C.2A:62A-25);
      3. arrange and pay for training in cardio-pulmonary resuscitation and the use of a defibrillator for employees of the nursing home or assisted living facility [in accordance with the provisions of section 3 of P.L.1999, c.34 (C.2A:62A-25)] to ensure that the employees hold current certification from the American Red Cross, American Heart Association, or other training program recognized by the Department of Health and Senior Services in cardio-pulmonary resuscitation and use of a defibrillator; and
      4. ensure that [the employees of the nursing home or assisted living facility comply with the provisions of section 4 of P.L.1999, c.34 (C.2A:62A-26) concerning the use of the defibrillator] an employee who uses a defibrillator requests emergency medical assistance from the appropriate first aid, ambulance, or rescue squad as soon as practicable. (cf: P.L.2009, c.46, s.1)
  9. This act shall take effect immediately

NJ SB 2146

C.26:2H-12.26 Nursing homes, assisted living facility, defibrillator, trained personnel; required.

  1. A nursing home that is licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall, no later than one year after the effective date of P.L.2004, c.93 (C.26:2H-12.26), and an assisted living facility that is licensed pursuant to P.L.1971, c.136 shall, no later than one year after the effective date of P.L.2009, c.46:
    1. acquire at least one defibrillator as defined in section 2 of P.L.1999, c.34 (C.2A:62A24), which shall be maintained in a central location within the nursing home or assisted living facility that shall be made known and available to the employees of the nursing home or assisted living facility for the purposes of this act;
    2. ensure that the defibrillator is tested and maintained, and provide notification to the appropriate first aid, ambulance or rescue squad or other appropriate emergency medical services provider regarding the defibrillator, the type acquired and its location, pursuant to section 3 of P.L.1999, c.34 (C.2A:62A-25);
    3. arrange and pay for training in cardio-pulmonary resuscitation and the use of a defibrillator for employees of the nursing home or assisted living facility in accordance with the provisions of section 3 of P.L.1999, c.34 (C.2A:62A-25); and
    4. ensure that the employees of the nursing home or assisted living facility comply with the provisions of section 4 of P.L.1999, c.34 (C.2A:62A-26) concerning the use of the defibrillator.
  2. This act shall take effect immediately.

NJ SB 2567

  1. The Legislature finds and declares that:
    1. According to the American Heart Association, when a person suffers sudden cardiac arrest, the person's chance of survival decreases by 7% to 10% for each minute that passes without defibrillation; and with defibrillation given in the first minute after cardiac arrest, the survival rate can be as high as 90%;
    2. The greatest risk for cardiac arrest is among men over 45 and women over 55 years of age, as well as among persons who smoke, are overweight or have diabetes;
    3. Studies have shown that while exercise helps the heart in the long run, the risk of physical activity is not zero and the risk for cardiac arrest may increase during the time that the person is engaging in moderate or vigorous exercise, particularly for those who are sporadic exercisers or have underlying cardiovascular disease;
    4. The number of Americans who exercise regularly at health clubs has increased steadily in recent years, as has the age of persons who exercise at these clubs; as many as 30 million people now visit health and exercise centers in this country, and it is estimated that about 55% percent of these people are over age 35;
    5. As the age of persons who use health clubs increases, it is reasonable to assume that the number of members with cardiovascular disease is rising as well;
    6. In recognition of the increasing risk of cardiac arrest at health clubs and the effectiveness of readily accessible automated external defibrillators in saving lives, it is, therefore, in the best interest of the residents of this State to require health clubs to maintain defibrillators on their premises.
  2. No later than one year after the effective date of this act:
    1. The owner or operator of a health club registered with the Director of the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to P.L.1987, c.238 (C.56:8-39 et seq.) shall:
      1. acquire at least one automated external defibrillator as defined in section 2 of P.L.1999, c.34 (C.2A:62A-24), and store it in an accessible location within the health club that is known and available to the employees of the health club for the purposes of this act; and
      2. ensure that the automated external defibrillator is tested and maintained, and provide notification to the appropriate first aid, ambulance or rescue squad or other appropriate emergency medical services provider regarding the defibrillator, the type acquired and its location, pursuant to section 3 of P.L.1999, c.34 (C.2A:62A-25); and
    2. The owner or operator of a health club that is subject to the provisions of subsection a. of this section shall:
      1. arrange and pay for training in cardio-pulmonary resuscitation and the use of an automated external defibrillator for the employees of that health club in accordance with the provisions of section 3 of P.L.1999, c.34 (C.2A:62A-25);
      2. ensure that the health club has at least one employee on site during its normal business hours who is trained in cardio-pulmonary resuscitation and the use of an automated external defibrillator in accordance with the provisions of section 3 of P.L.1999, c.34 (C.2A:62A-25); and
      3. ensure that the employees of that health club comply with the provisions of section 4 of P.L.1999, c.34 (C.2A:62A-26) concerning the use of the automated external defibrillator.
  3. A person who violates the provisions of section 2 of this act shall be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and not less than $1,000 for the third and each subsequent violation. The penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of section 2 of this act, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this section shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
  4. A health club that is subject to the provisions of this act shall be immune from civil or criminal liability resulting from the malfunctioning of an automated external defibrillator that has been maintained and tested by the health club according to the manufacturer's operational guidelines, pursuant to section 3 of P.L.1999, c.34 (C.2A:62A-25), as required in paragraph (2) of subsection a. of section 2 of this act. The immunity provided in this section shall be in addition to the immunity provided pursuant to section 5 of P.L.1999, c.34 (C.2A:62A-27).
  5. The Commissioner of Health and Senior Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in consultation with the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, shall adopt rules and regulations to effectuate the purposes of this act.
  6. This act shall take effect immediately.

NJ AB908

  1. A nursing home that is licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall, no later than one year after the effective date of this act:
    1. acquire at least one defibrillator as defined in section 2 of P.L.1999, c.34 (C.2A:62A-24), which shall be maintained in a central location within the nursing home that shall be made known and available to the employees of the nursing home for the purposes of this act;
    2. ensure that the defibrillator is tested and maintained, and provide notification to the appropriate first aid, ambulance or rescue squad or other appropriate emergency medical services provider regarding the defibrillator, the type acquired and its location, pursuant to section 3 of P.L.1999, c.34 (C.2A:62A-25);
    3. arrange and pay for training in cardio-pulmonary resuscitation and the use of a defibrillator for employees of the nursing home in accordance with the provisions of section 3 of P.L.1999, c.34 (C.2A:62A-25); and
    4. ensure that the employees of the nursing home comply with the provisions of section 4 of P.L.1999, c.34 (C.2A:62A-26) concerning the use of the defibrillator.
  2. The Commissioner of Health and Senior Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
  3. This act shall take effect immediately.

These are laws of New Mexico concerning AEDs and defibrillators

NM Stat § 24-10C-7

The following persons who render emergency care or treatment by the use of an automated external defibrillator pursuant to the provisions of the Cardiac Arrest Response Act shall not be subject to civil liability, provided that they have acted with reasonable care and in compliance with the requirements of that act:

  1. a physician who provides supervisory services pursuant to the Cardiac Arrest Response Act;
  2. a person who provides training in cardiopulmonary resuscitation and use of automated external defibrillation;
  3. a person who acquires an automated external defibrillator pursuant to the Cardiac Arrest Response Act;
  4. the owner of the property or facility where the automated external defibrillator is located;
  5. the trained targeted responder; and
  6. a good Samaritan.

NM Stat § 24-10C-6

Nothing in the Cardiac Arrest Response Act precludes a physician from prescribing an automated external defibrillator to a patient for use by the patient's caregiver on an individual patient, and the use does not require the individual to function in an approved program.

NM Stat § 24-10C-5

A person may acquire an automated external defibrillator if the person has met all the requirements of Section 24-10C-4 NMSA 1978. Nothing in this section limits the right of a person to practice a health profession that the person is otherwise authorized to practice in accordance with the laws of New Mexico.

NM Stat § 24-10C-4

A person who acquires an automated external defibrillator shall ensure that:

  1. a physician medical director oversees all aspects of the automated external defibrillator program, including training, emergency medical services coordination, protocol approval and automated external defibrillator deployment strategies, and that the physician medical director provides overall quality assurance and reviews each case in which the automated external defibrillator is used by the program;
  2. the trained targeted responder receives appropriate training in cardiopulmonary resuscitation and in the use of an automated external defibrillator by a nationally recognized course in cardiopulmonary response and automated external defibrillator use approved by the department or other training programs authorized by the department;
  3. the defibrillator is maintained and tested according to the manufacturer's guidelines;
  4. any person who renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical system as soon as possible and reports any clinical use of the automated external defibrillator to the physician medical director;
  5. the automated external defibrillator program is registered with the department; and
  6. the local emergency medical services and local 911 agencies have been notified of the automated external defibrillator program.

NM Stat § 24-10C-3

As used in the Cardiac Arrest Response Act:

  1. "automated external defibrillator" means a medical device heart monitor and defibrillator that:
    1. has received approval of its premarket modification filed pursuant to 21 U.S.C. 360(k), from the United States food and drug administration;
    2. is capable of recognizing cardiac arrest that will respond to defibrillation, ventricular fibrillation or rapid ventricular tachycardia, and is capable of determining whether defibrillation should be performed; and
    3. upon determining that defibrillation should be performed, automatically charges and is capable of delivering an electrical impulse to an individual's heart;
  2. "automated external defibrillator program" means a program of trained targeted responders registered with the department and operating under the supervision of a physician medical director;
  3. "defibrillation" means the administration of a controlled electrical charge to the heart to restore a viable cardiac rhythm;
  4. "department" means the department of health;
  5. "good Samaritan" means a person who lacks automated external defibrillator training but who has access to an automated external defibrillator and provides emergency automated external defibrillator services to a person in apparent cardiac arrest, provided that the good Samaritan:
    1. acts in good faith as an ordinary prudent person would have in the same or similar circumstances; and
    2. acts without compensation;
  6. "physician" means a doctor of medicine or doctor of osteopathy who is licensed or otherwise authorized to practice medicine or osteopathic medicine in New Mexico; and
  7. "trained targeted responder" means a person trained in the use of an automated external defibrillator under emergency cardiac care guidelines.

NM HB 375

AN ACT RELATING TO AUTOMATED EXTERNAL DEFIBRILLATORS; ENACTING THE CARDIAC ARREST RESPONSE ACT; PROVIDING CERTAIN REQUIREMENTS FOR ENTITIES ESTABLISHING A DEFIBRILLATION PROGRAM; REQUIRING CERTAIN TRAINING FOR DESIGNATED USERS OF A DEFIBRILLATOR; REQUIRING REGISTRATION OF A DEFIBRILLATION PROGRAM WITH THE DEPARTMENT OF HEALTH; REQUIRING ACTIVATION OF THE EMERGENCY MEDICAL SERVICES SYSTEM IN AN EMERGENCY SITUATION WHERE A DEFIBRILLATOR IS USED; PROVIDING IMMUNITY FROM LIABILITY FOR CERTAIN PERSONS; AMENDING CERTAIN SECTIONS OF THE NMSA 1978.

  1. The legislature finds that:
    1. each year more than three hundred fifty thousand Americans die from out-of-hospital sudden cardiac arrest;
    2. the American heart association estimates that more than twenty thousand deaths could be prevented each year if early defibrillation were more widely available. In cardiac arrest the first several minutes are the most crucial time in which performing defibrillation can significantly improve chances for survival;
    3. the reality is that even in the best emergency medical services systems, emergency medical technicians or first responders may not always be able to arrive during that critical window of time; and
    4. virtually all communities in New Mexico have invested in 911 emergency response systems, emergency medical personnel and ambulance vehicles. However, many of them do not have enough defibrillators in their community.
  2. It is the purpose of the Cardiac Arrest Response Act to encourage greater acquisition, deployment and use of automated external defibrillators in communities across the state.

These are the state laws of New York concerning AEDs and defibrillators

New York Public Health Law § 225

5-b. Places of public assembly onsite cardiac automated external defibrillator.

  1. Notwithstanding the provisions of paragraph (r) of subdivision five of this section, the sanitary code shall provide that each place of public assembly shall provide and maintain onsite automated external defibrillators (AED), as defined in paragraph (a) of subdivision one of section three thousand-b of this chapter, in quantities and types deemed by the commissioner to be adequate to ensure ready and appropriate access for use during emergencies.
  2. Whenever places of public assembly are used for public or private sponsored events or activities the owners, operators and administrators responsible for such place of public assembly shall ensure the presence of at least one staff person or volunteer who is trained, pursuant to paragraph (a) of subdivision three of section three thousand-b of this chapter, in the operation and use of an AED.
  3. For the purposes of this subdivision places of public assembly shall be those with an occupancy capacity of at least one thousand people and shall include: (i) all stadiums, ballparks, gymnasiums, field houses, arenas, civic centers and similar facilities used for the conduct of sporting events; and (ii) concert halls, recital halls, theatres, indoor and outdoor amphitheatres or other auditoriums used for the presentation of musical renditions or concerts. Places of public assembly shall not include halls owned by churches, religious organizations, granges, public associations, or free libraries as defined by section two hundred fifty-three of the education law.
  4. Places of public assembly and staff pursuant to paragraphs (a) and (b) of this subdivision shall be subject to the requirements and limitations of section three thousand-b of this chapter.
  5. Pursuant to sections three thousand-a and three thousand-b of this chapter, any public access defibrillation provider, or any employee or other agent of the provider who, in accordance with the provisions of this section, voluntarily and without expectation of monetary compensation renders emergency medical or first aid treatment using an AED which has been made available pursuant to this section, to a person who is unconscious, ill or injured, shall be liable only pursuant to section three thousand-a of this chapter.
  6. Nothing in this subdivision shall be construed to prohibit a political subdivision of the state from continuing to implement and enforce any local law or regulation related to the placement of automated external defibrillators in places of public assembly as defined in this subdivision, in effect prior to the effective date of this subdivision. Where a political subdivision has a local law in effect prior to the effective date of this subdivision, the provisions of this subdivision shall have no force and effect until such time as the political subdivision repeals its local law.

New York Public Health Law § 3000-a

The people of the State of New York, represented in Senate and assembly, do enact as follows:

  1. Except as provided in section 6611(6), section 6527(2), section 6909(1), section 6547, and section 6737 of the education law, any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency outside a hospital, doctor's office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person. Nothing in this section shall be deemed or construed to relieve a licensed physician, dentist, nurse, physical therapist or registered physician's assistant from liability for damages for injuries or death caused by an act or omission on the part of such person while rendering professional services in the normal and ordinary course of his or her practice.
  2. Any person who, or entity, partnership, corporation, firm or society that, purchases, operates, facilitates implementation or makes available resuscitation equipment that facilitates first aid, an automated external defibrillator or an epinephrine auto-injector device as required by or pursuant to law or local law, or (ii) an emergency health care provider under a collaborative agreement pursuant to section three thousand-b of this article with respect to an automated external defibrillator, or (iii) the emergency health care provider with a collaborative agreement under section three thousand-c of this article with respect to use of an epinephrine auto-injector device, shall not be liable for damages arising either from the use of that equipment by a person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or medical emergency, or from the use of defectively manufactured equipment; provided that this subdivision shall not limit the person's or entity's, partnership's, corporation's, firm's, society's or the emergency health care provider's liability for his, her or its own negligence, gross negligence or intentional misconduct.

New York Public Health Law § 3000-b

Definitions. As used in this section, unless the context clearly requires otherwise, the following terms shall have the following meanings:

  1. "Automated external defibrillator" means a medical device, approved by the United States Food and Drug Administration, that:
    1. is capable of recognizing the presence or absence, in a patient, of ventricular fibrillation and rapid ventricular tachycardia;
    2. is capable of determining, without intervention by an operator, whether defibrillation should be performed on the patient;
    3. upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to the patient's heart; and
    4. then, upon action by an operator, delivers an appropriate electrical impulse to the patient's heart to perform defibrillation.
  2. "Emergency health care provider" means
    1. a physician with knowledge and experience in the delivery of emergency cardiac care; or
    2. a hospital licensed under article twenty-eight of this chapter that provides emergency cardiac care.
  3. "Public access defibrillation provider" means a person, firm, organization or other entity possessing or operating an automated external defibrillator pursuant to a collaborative agreement under this section.
  4. "Nationally-recognized organization" means a national organization approved by the department for the purpose of training people in use of an automated external defibrillator.
  1. Collaborative agreement. A person, firm, organization or other entity may purchase, acquire, possess and operate an automated external defibrillator pursuant to a collaborative agreement with an emergency health care provider. The collaborative agreement shall include a written agreement and written practice protocols, and policies and procedures that shall assure compliance with this section. The public access defibrillation provider shall file a copy of the collaborative agreement with the department and with the appropriate regional council prior to operating the automated external defibrillator.
  2. Possession and operation of automated external defibrillator. Possession and operation of an automated external defibrillator by a public access defibrillation provider shall comply with the following:
    1. No person may operate an automated external defibrillator unless the person has successfully completed a training course in the operation of an automated external defibrillator approved by a nationally-recognized organization or the state emergency medical services council. However, this section shall not prohibit operation of an automated external defibrillator,
      1. by a health care practitioner licensed or certified under title VIII of the education law or a person certified under this article acting within his or her lawful scope of practice or
      2. by a person acting pursuant to a lawful prescription; or
      3. by a person who operates the automated external defibrillator other than as part of or incidental to his or her employment or regular duties, who is acting in good faith, with reasonable care, and without expectation of monetary compensation, to provide first aid that includes operation of an automated external defibrillator; nor shall this section limit any good samaritan protections provided in section three thousand-a of this article.
    2. The public access defibrillation provider shall cause the automated external defibrillator to be maintained and tested according to applicable standards of the manufacturer and any appropriate government agency.
    3. The public access defibrillation provider shall notify the regional council of the existence, location and type of any automated external defibrillator it possesses.
    4. Every use of an automated external defibrillator on a patient shall be immediately reported to the appropriate local emergency medical services system, emergency communications center or emergency vehicle dispatch center as appropriate and promptly reported to the emergency health care provider.
    5. The emergency health care provider shall participate in the regional quality improvement program pursuant to subdivision one of section three thousand four-a of this article.
    6. The public access defibrillation provider shall post a sign or notice at the main entrance to the facility or building in which the automated external defibrillator is stored, indicating the location where any such automated external defibrillator is stored or maintained in such building or facility on a regular basis.
  3. Application of other laws.
    1. Operation of an automated external defibrillator pursuant to this section shall be considered first aid or emergency treatment for the purpose of any statute relating to liability.
    2. Operation of an automated external defibrillator pursuant to this section shall not constitute the unlawful practice of a profession under title VIII of the education law.

New York Education Law § 917

  1. School districts, boards of cooperative educational services, county vocational education and extension boards and charter schools shall provide and maintain on-site in each instructional school facility automated external defibrillator (AED) equipment, as defined in paragraph (a) of subdivision one of section three thousand-b of the public health law, in quantities and types deemed by the commissioner in consultation with the commissioner of health to be adequate to ensure ready and appropriate access for use during emergencies.
  2. Whenever public school facilities pursuant to subdivision one of this section are used for school sponsored or school approved curricular or extracurricular events or activities and whenever a school-sponsored athletic contest is held at any location, the public school officials and administrators responsible for such school facility or athletic contest shall ensure the presence of at least one staff person who is trained, pursuant to paragraph (a) of subdivision three of section three thousand-b of the public health law, in the operation and use of an AED. Where a school-sponsored competitive athletic event is held at a site other than a public school facility, the public school officials shall assure that automated external defibrillator equipment is provided on-site.
  3. Public school facilities and staff pursuant to subdivisions one and two of this section shall be deemed a "public access defibrillation provider" as defined in paragraph (c) of subdivision one of section three thousand-b of the public health law and shall be subject to the requirements and limitations of such section.
  4. Pursuant to section three thousand-a and three thousand-b of the public health law, any public access defibrillation provider, or any employee or other agent of the provider who, in accordance with the provisions of this section, voluntarily and without expectation of monetary compensation renders emergency medical or first aid treatment using an AED which has been made available pursuant to this section, to a person who is unconscious, ill or injured, shall be liable only pursuant to section three thousand-a of the public health law.

New York Education Law § 804-D

Automated external defibrillator instruction.

Instructions regarding the correct use of an automated external defibrillator shall be included as a part of the health education curriculum in all senior high schools when cardiopulmonary resuscitation instruction is being provided as authorized by section eight hundred four-c of this article. In addition to the requirement that all teachers of health education shall be certified to teach health, persons instructing pupils in the correct use of automated external defibrillators shall possess valid certification by a nationally recognized organization or the state emergency medical services council offering certification in the operation of an automated external defibrillator and in its instruction.

New York General Business Law § 627-a

  1. Every health club as defined under paragraph b of subdivision one of section three thousand-d of the public health law whose membership is five hundred persons or more shall have on the premises at least one automated external defibrillator and shall have in attendance, at all times during STAFFED business hours, at least one individual performing employment or individual acting as an authorized volunteer who holds a valid certification of completion of a course in the study of the operation of AEDs and a valid certification of the completion of a course in the training of cardiopulmonary resuscitation provided by a nationally recognized organization or association.
  2. Health clubs and staff pursuant to subdivision one of this section shall be deemed a "public access defibrillation provider" as defined in paragraph (c) of subdivision one of section three thousand-b of the public health law and shall be subject to the requirements and limitation of such section.
  3. Pursuant to sections three thousand-a and three thousand-b of the public health law, any public access defibrillation provider, or any employee or other agent of the provider who, in accordance with the provisions of this section, voluntarily and without expectation of monetary compensation renders emergency medical or first aid treatment using an AED which has been made available pursuant to this section, to a person who is unconscious, ill or injured, shall be liable only pursuant to section three thousand-a of the public health law.

New York Public Buildings Law § 140

  1. It shall be the duty of each superintendent or chief executive officer of each of the public institutions and buildings of the state, supported wholly or partly by the funds of the state, to provide that the following regulations for the protection of the inmates of said buildings and the buildings be complied with: There shall be provided a sufficient number of stand-pipes, with connections or outlets on each floor, and sufficient fire hose to properly protect the entire floor surface. Sufficient portable fire extinguishers shall be provided on each floor of each building to provide adequate fire protection. All fire hose shall be inspected under the direction of the engineer at least once every six months and shall be maintained at all times in proper condition. On each floor of every public building having two or more stories where the rooms are connected by an interior hallway, there shall be posted by each stairway, elevator or other means of egress, a printed scale floor plan of that particular story, which shall show all means of egress, clearly labeling those to be used in case of fire. Such posted floor plan shall clearly indicate exits which would be accessible for a person having a disability, as such term is defined in subdivision twenty-one of section two hundred ninety-two of the executive law. Such floor plan shall be posted in at least two other conspicuous areas through the building. Said floor plan shall be no smaller than eight inches by ten inches and shall be posted in such a manner that it cannot be readily removed. Unless exit doors at floor level are provided at fire escapes suitable steps must be provided under other openings used as exits to fire escapes which are not at floor level. Painters' supplies and inflammable liquids of all kinds must not be stored in buildings occupied by wards of the state or employees. All attics and basements must be constantly kept free from rubbish or articles not necessary to the proper conduct of the institution or building, and must be regularly swept, cleaned and all broken or needless articles promptly removed.
  2. Subject to regulations promulgated pursuant to this subdivision, it shall be an additional duty of each such superintendent or chief executive officer of each of the public institutions and buildings of the state to equip each such building with an automated external defibrillator. The commissioner of general services shall promulgate regulations providing for a phase-in schedule of the duty created by this section. Such regulations shall address the appropriate number of automated external defibrillators for such buildings, based on the size or occupancy of the buildings; the training of personnel and use of such automated external defibrillator; and any other matter deemed necessary by such commissioner to effectuate the duty prescribed by this section.
  3. The moneys necessary to carry out the provisions of this section shall be supplied from the moneys annually appropriated for the maintenance of the above described institutions.

Title 8. THE PROFESSIONS

Article 133. DENTISTRY AND DENTAL HYGIENE

Current through 2010 Legislative Session

§ 6611. Special provisions


Section (10) was modified to require an AED at the dentist facility.

  1. Beginning January first, two thousand nine, each dentist shall become certified in cardiopulmonary resuscitation (CPR) from an approved provider and thereafter maintain current certification, which shall be included in the mandatory hours of continuing education acceptable for dentists to the extent provided in the commissioner's regulations. In the event the dentist cannot physically perform CPR, the commissioner's regulations shall allow the dentist to make arrangements for another individual in the office to administer CPR. ALL DENTAL FACILITIES SHALL HAVE AN AUTOMATIC EXTERNAL DEFIBRILLATOR OR OTHER DEFIBRILLATOR AT THE FACILITY. (S 2. This act shall take effect January 1, 2012.)

You will find the laws of North Carolina concerning AEDs and defibrillators below.

North Carolina § 90‐21.14

  1. Any person, including a volunteer medical or health care provider at a facility of a local health department as defined in G.S. 130A-2 or at a nonprofit community health center or a volunteer member of a rescue squad, who voluntarily and without expectation of compensation renders first aid or emergency health care treatment to a person who is unconscious, ill or injured,
    1. When the reasonably apparent circumstances require prompt decisions and actions in medical or other health care, and
    2. When the necessity of immediate health care treatment is so reasonably apparent that any delay in the rendering of the treatment would seriously worsen the physical condition or endanger the life of the person,
    3. shall not be liable for damages for injuries alleged to have been sustained by the person or for damages for the death of the person alleged to have occurred by reason of an act or omission in the rendering of the treatment unless it is established that the injuries were or the death was caused by gross negligence, wanton conduct or intentional wrongdoing on the part of the person rendering the treatment. The immunity conferred in this section also applies to any person who uses an automated external defibrillator (AED) and otherwise meets the requirements of this section.
  2. Nothing in this section shall be deemed or construed to relieve any person from liability for damages for injury or death caused by an act or omission on the part of such person while rendering health care services in the normal and ordinary course of his business or profession. Services provided by a volunteer health care provider who receives no compensation for his services and who renders first aid or emergency treatment to members of athletic teams are deemed not to be in the normal and ordinary course of the volunteer health care provider's business or profession.
  3. In the event of any conflict between the provisions of this section and those of G.S. 20-166(d), the provisions of G.S. 20-166(d) shall control and continue in full force and effect.

North Carolina § 90‐21.15.

  1. It is the intent of the General Assembly that, when used in accordance with this section, an automated external defibrillator may be used during an emergency for the purpose of attempting to save the life of another person who is in or who appears to be in cardiac arrest.
  2. For purposes of this section:
    1. "Automated external defibrillator" means a device, heart monitor, and defibrillator that meets all of the following requirements:
      1. The device has received approval from the United States Food and Drug Administration of its premarket notification filed pursuant to 21 U.S.C. § 360(k), as amended.
      2. The device 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.
      3. Upon determining that defibrillation should be performed, the device automatically charges and requests delivery of, or delivers, an electrical impulse to an individual's heart.
    2. "Person" means an individual, corporation, limited liability company, partnership, association, unit of government, or other legal entity.
    3. "Training" means a nationally recognized course or training program in cardiopulmonary resuscitation (CPR) and automated external defibrillator use including the programs approved and provided by the:
      1. American Heart Association
      2. American Red Cross
  3. The use of an automated external defibrillator when used to attempt to save or to save a life shall constitute "first-aid or emergency health care treatment" under G.S. 90-21.14(a).
  4. The person who provides the cardiopulmonary resuscitation and automated external defibrillator training to a person using an automated external defibrillator, the person responsible for the site where the automated external defibrillator is located when the person has provided for a program of training, and a North Carolina licensed physician writing a prescription without compensation for an automated external defibrillator whether or not required by any federal or state law, shall be immune from civil liability arising from the use of anautomated external defibrillator used in accordance with subsection (c) of this section.
  5. The immunity from civil liability otherwise existing under law shall not be diminished by the provisions of this section.
  6. Nothing in this section requires the purchase, placement, or use of automated external defibrillators by any person, entity, or agency of State, county, or local government. Nothing in this section applies to a product's liability claim against a manufacturer or seller
  7. In order to enhance public health and safety, a seller of an automated external defibrillator shall notify the North Carolina Department of Health and Human Services, Division of Health Service Regulation, Office of Emergency Medical Services of the existence, location, and type of automated external defibrillator.

North Carolina § 143B‐370.1.

  1. Subject to the receipt of public-private funds for this purpose, the Department of Administration shall, in consultation with OEMS, AHA, and a qualified vendor/provider of AEDs and training services, develop and adopt policies and procedures relative to the placement and use of automated external defibrillators in State-owned and State-leased buildings. The Department of Administration shall also require that all State buildings, facilities, and institutions shall develop a Medical Emergency Response Plan that facilitates the following:
    1. Effective and efficient communication throughout the State-owned and State-leased buildings.
    2. Coordinated and practiced response plans.
    3. Training and equipment for first aid and CPR.
    4. Implementation of a lay rescuer AED program.
  2. In addition, for each State building, facility, or institution there shall be developed and periodically updated a maintenance plan that takes the following into account:
    1. Implementation of an appropriate training course in the use of AEDs, including the role of CPR.
    2. Proper maintenance and testing of the devices.
    3. Ensuring coordination with appropriate licensed professionals in the oversight of training of the devices.
    4. Ensuring coordination with local emergency medical systems regarding the placement of AEDs in State buildings, facilities, or institutions where such devices are to be used.

Below are laws concering AEDs and defibrillators in North Dakota

North Dakota HB 1242

Automated external defibrillators - Requirements.

  1. Except for a medical services facility or prehospital emergency medical services provider, every person who acquires an automated external defibrillator shall:
    1. Notify the department of health, upon acquisition of an automated external defibrillator, of the location of and the type of automated external defibrillator.
    2. Require every individual expected to use the automated external defibrillator to receive American heart association or American red cross training in cardiopulmonary resuscitation and automated external defibrillator use or an equivalent nationally recognized course in cardiopulmonary resuscitation and automated external defibrillator use.
    3. Maintain and test the automated external defibrillator according to the manufacturer's operational guidelines.
    4. Establish an automated external defibrillator use protocol that provides any person who provides emergency care or treatment to an individual in cardiac arrest by using the automated external defibrillator shall contact as soon as possible an appropriate health care provider or emergency medical services provider.
    5. Consider recommendations of a licensed physician in establishing the training, notification, and maintenance requirements of this subsection.
  2. Any person who in good faith and without compensation provides emergency care or emergency treatment by using an automated external defibrillator is immune from civil liability for any personal injury resulting from the emergency care or emergency treatment and for any act or failure to act in providing or arranging further medical treatment if the person providing the emergency care or emergency treatment acted as an ordinary, reasonable, prudent person would act under the same or similar circumstances. This subsection does not apply if a personal injury results from the gross negligence or from the willful or wanton misconduct of the person providing the emergency care or emergency treatment.
  3. If the requirements of subsection 1 are met, the immunity provision of subsection 2 applies to a licensed physician under subdivision e of subsection 1, the person who provides the training under subdivision b of subsection 1, and the person responsible for the site on which the automated external defibrillator is located.
  4. This section does not limit civil liability protection provided by any other law.

ND CC § 15.1-07-31

The superintendent of public instruction shall purchase automated external defibrillators and distribute the defibrillators to school districts in this state for placement in schools or at the site of school-related activities.

North Dakota SB 2238

There is appropriated out of any moneys in the general fund in the state treasury, not otherwise appropriated, the sum of $450,000, or so much of the sum as may be necessary, to the superintendent of public instruction for the purpose of reimbursing school districts and nonpublic schools for costs incurred in providing cardiopulmonary resuscitation training to students, for the biennium beginning July 1, 2013, and ending June 30, 2015. The superintendent of public instruction may not spend the funds appropriated in this section for any other purpose and any funds remaining unspent at the end of the biennium must be canceled in accordance with provisions of section 54-44.1-11.

  1. A school district may be eligible for reimbursement under this section if the school district utilizes one high school class period in a required course of the district's choosing, for the purpose of providing instruction in cardiopulmonary resuscitation to as many students as possible and provides in-kind or cash match for the reimbursement requested. A nonpublic school may be eligible for reimbursement under this section if the nonpublic school utilizes one high school class period in a required course of the school's choosing, for the purpose of providing instruction in cardiopulmonary resuscitation to as many students as possible and provides in-kind or cash match for the reimbursement requested. Total in-kind or cash match must equal or exceed twenty-five percent of the cost of the program during the first year of the biennium and fifty percent of the cost of the program during the second year of the biennium. The training must:
    1. Conform to the most recent national evidence-based American heart association guidelines for cardiopulmonary resuscitation and emergency cardiovascular care;
    2. Be conducted according to guidelines established by the American heart association, the American red cross, or some other nationally recognized nonprofit organization;
    3. Include the practice of chest compressions; and
    4. Include instruction in the use of an automated external defibrillator.
    1. Upon completion of the training, each school district and nonpublic school may submit to the superintendent of public instruction documentation verifying the training, any expenses incurred in providing the training, and evidence of appropriate in-kind or cash match.
    2. For purposes of this section, "reimbursable expenses" include costs for instructors, training staff as instructors, instructional materials, and training manikins
    3. A school district's reimbursement may not exceed the equivalent of $22.50 multiplied by the number of district students undergoing the training during the first year of the biennium and $15 multiplied by the number of district students undergoing the training during the second year of the biennium, based on the number of hours and level of certification offered. A nonpublic school's reimbursement may not exceed the equivalent of $22.50 multiplied by the number of the school's students undergoing the training
    4. during the first year of the biennium and $15 multiplied by the number of the school's students undergoing the training during the second year of the biennium, based on the number of hours and level of certification offered.
  2. School districts and nonpublic schools may combine with other school districts and nonpublic schools to provide the training or direct that a regional education association provide or facilitate the training.
  3. The superintendent of public instruction shall provide the reimbursements to school districts and nonpublic schools in accordance with the order in which completed requests are received.

North Dakota SB 1108

The immunity provision of subsection 2 applies to a licensed physician under subdivision d of subsection 1, the person who provides the training under subdivision a of subsection 1, and the person responsible for the site on which the automated external defibrillator is located.

O

You will find the laws of Ohio regarding AEDs and defibrillators below

OH Rev Code § 2305.235

  1. As used in this section:
    1. "Automated external defibrillation" means the process of applying a specialized defibrillator to a person in cardiac arrest, allowing the defibrillator to interpret the cardiac rhythm, and, if appropriate, delivering an electrical shock to the heart to allow it to resume effective electrical activity.
    2. "Physician" has the same meaning as in section 4765.01 of the Revised Code.
  2. Except in the case of willful or wanton misconduct, no physician shall be held liable in civil damages for injury, death, or loss to person or property for providing a prescription for an automated external defibrillator approved for use as a medical device by the United States food and drug administration or consulting with a person regarding the use and maintenance of a defibrillator.
  3. Except in the case of willful or wanton misconduct, no person shall be held liable in civil damages for injury, death, or loss to person or property for doing any of the following:
    1. Providing training in automated external defibrillation and cardiopulmonary resuscitation;
    2. Authorizing, directing, or supervising the installation or placement of an automated external defibrillator;
    3. Designing, managing, or operating a cardiopulmonary resuscitation or automated external defibrillation program;
    4. Acquiring an automated external defibrillator;
    5. Owning, managing, or having responsibility for a premises or location where an automated external defibrillator has been placed.
  4. Except in the case of willful or wanton misconduct or when there is no good faith attempt to activate an emergency medical services system in accordance with section 3701.85 of the Revised Code, no person shall be held liable in civil damages for injury, death, or loss to person or property, or held criminally liable, for performing automated external defibrillation in good faith, regardless of whether the person has obtained appropriate training on how to perform automated external defibrillation or successfully completed a course in cardiopulmonary resuscitation.

OH Rev Code § 3313.6023

The board of education of each school district shall provide training in the use of an automated external defibrillator to each person employed by that district, except for substitutes, adult education instructors who are scheduled to work the full-time equivalent of less than one hundred twenty days per school year, or persons who are employed on an as-needed, seasonal, or intermittent basis, so long as the persons are not employed to coach or supervise interscholastic athletics. This training may be incorporated into the in-service training required by division (A) of section 3319.073 of the Revised Code. For this purpose, the board shall use one of the instructional programs listed in divisions (B)(1) and (2) of section 3313.6021 of the Revised Code.

Each person to whom this section applies shall complete the training not later than July 1, 2018, and at least once every five years thereafter.

OH Rev Code § 3313.6021

  1. As used in this section, "psychomotor skills" means the use of hands-on practice to support cognitive learning.
  2. Beginning with the 2017-2018 school year, except as provided in division (E) of this section, each school operated by a school district which offers grades nine to twelve shall provide instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator.

    Instruction shall include the psychomotor skills necessary to perform cardiopulmonary resuscitation and use an automated external defibrillator and shall be either of the following:

    1. An instructional program developed by the American heart association or the American red cross that includes instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator;
    2. An instructional program that is nationally recognized and based on the most current national, evidence-based emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator.
  3. No student shall receive certification in cardiopulmonary resuscitation and the use of an automated external defibrillator unless the student is trained by an authorized or certified instructor.
  4. Nothing in this section requires a licensed educator to be certified to provide training in the manner prescribed by this section to facilitate, provide, or oversee instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator that does not result in certification of students.
  5. If a student is excused from taking instruction in cardiopulmonary resuscitation under division (A)(8) of section 3313.60 of the Revised Code or if the student is a child with a disability and is incapable of performing the psychomotor skills required to perform cardiopulmonary resuscitation and to use an automated external defibrillator, as indicated in the student's IEP. the student shall not be required to receive instruction as prescribed by this section. As used in this section, "child with a disability" and "IEP" have the same meanings as in section 3323.01 of the Revised Code.

OH Rev Code § 3314.16

    1. As used in this section, "automated external defibrillator" means a specialized defibrillator that is approved for use as a medical device by the United States food and drug administration for performing automated external defibrillation, as defined in section 2305.235 of the Revised Code.
    2. This section does not apply to an internet- or computer-based community school.
  1. The governing board of a community school established under this chapter may require the placement of an automated external defibrillator in each school under the control of the governing authority. If a governing authority requires the placement of an automated external defibrillator as provided in this section, the governing authority also shall require that a sufficient number of the staff persons assigned to each school under the control of the governing authority successfully complete an appropriate training course in the use of an automated external defibrillator as described in section 3701.85 of the Revised Code.
  2. In regard to the use of an automated external defibrillator that is placed in a community school as specified in this section, and except in the case of willful or wanton misconduct or when there is no good faith attempt to activate an emergency medical services system in accordance with section 3701.85 of the Revised Code, no person shall be held liable in civil damages for injury, death, or loss to person or property, or held criminally liable, for performing automated external defibrillation in good faith, regardless of whether the person has obtained appropriate training on how to perform automated external defibrillation or successfully completed a course in cardiopulmonary resuscitation.

OH Rev Code § 3313.717

  1. As used in this section, "automated external defibrillator" means a specialized defibrillator that is approved for use as a medical device by the United States food and drug administration for performing automated external defibrillation, as defined in section 2305.235 of the Revised Code.
    1. The board of education of each school district may require the placement of an automated external defibrillator in each school under the control of the board. Not later than July 1, 2018, pursuant to section 3313.6023 of the Revised Code, all persons employed by a school district shall receive training in the use of an automated external defibrillator in accordance with that section, except for substitutes, adult education instructors who are scheduled to work the full-time equivalent of less than one hundred twenty days per school year, or persons who are employed on an as-needed, seasonal, or intermittent basis, so long as the persons are not employed to coach or supervise interscholastic athletics.
    2. The administrative authority of each chartered nonpublic school may require the placement of an automated external defibrillator in each school under the control of the authority. If an authority requires the placement of an automated external defibrillator as provided in this section, the authority also shall require that a sufficient number of the staff persons assigned to each school under the control of the authority successfully complete an appropriate training course in the use of an automated external defibrillator as described in section 3701.85 of the Revised Code.
  2. In regard to the use of an automated external defibrillator that is placed in a school as specified in this section, and except in the case of willful or wanton misconduct or when there is no good faith attempt to activate an emergency medical services system in accordance with section 3701.85 of the Revised Code, no person shall be held liable in civil damages for injury, death, or loss to person or property, or held criminally liable, for performing automated external defibrillation in good faith, regardless of whether the person has obtained appropriate training on how to perform automated external defibrillation or successfully completed a course in cardiopulmonary resuscitation.

OH Rev Code § 3701.85

  1. As used in this section:
    1. "Automated external defibrillation" has the same meaning as in section 2305.235 of the Revised Code.
    2. "Emergency medical services organization" has the same meaning as in section 4765.01 of the Revised Code.
  2. A person who possesses an automated external defibrillator shall do both of the following:
    1. Encourage expected users to complete successfully a course in automated external defibrillation and cardiopulmonary resuscitation that is offered or approved by a nationally recognized organization and includes instruction on psychomotor skills and national evidence-based emergency cardiovascular guidelines that are current;
    2. Maintain and test the defibrillator according to the manufacturer's guidelines
  3. It is recommended, but not required, that a person who possesses an automated external defibrillator notify an emergency medical services organization of the location of the defibrillator.
  4. Any person may perform automated external defibrillation. Training in automated external defibrillation and cardiopulmonary resuscitation is recommended but not required.

A person who performs automated external defibrillation shall make a good faith effort to activate or have another person activate an emergency medical services system as soon as possible unless the person is performing automated external defibrillation as part of an emergency medical services system or at a hospital as defined in section 3727.01 of the Revised Code.

The laws regarding AEDs and defibrillators in Oklahoma are located below

OK Stat § 76-5A.

    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.
    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.
  1. 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.
  2. 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.
  3. 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.
  4. For purposes of this section:
    1. “Automated external defibrillator” means a medical device consisting of a heart monitor and defibrillator which:
      1. 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,
      2. 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
      3. 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 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.

OK Stat § 70-1210.199

  1. This act shall be known and may be cited as the "Dustin Rhodes and Lindsay Steed CPR Training Act".
  2. Beginning with the 2015-2016 school year, all students enrolled in the public schools of this state shall receive instruction in cardiopulmonary resuscitation and awareness of the purpose of an automated external defibrillator, in accordance with subsection C of this section, at least once between ninth grade and graduation from high school. The instruction may be provided as a part of any course. A school administrator may waive the curriculum requirement required by this subsection for an eligible student who has a disability. A student shall not be required to meet the requirement of this subsection if a parent or guardian of the student objects in writing. All students enrolled in a virtual charter school in grades nine through twelve shall not be subject to the requirements of this section. All students enrolled in physical education classes in grades nine through twelve may receive instruction in the techniques of the Heimlich maneuver.
  3. The State Board of Education shall establish a procedure for monitoring the requirements set forth in subsection B of this section. Instruction in cardiopulmonary resuscitation shall incorporate psychomotor skills training and shall be based upon an instructional program which is nationally recognized and is based upon the most current national evidence-based Emergency Cardiovascular Care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator.
  4. Each public school district board of education shall ensure that a minimum of one certified teacher and one noncertified staff member at each school site receives training in cardiopulmonary resuscitation and the Heimlich maneuver each year.
  5. School districts may use state funds allocated to the school district for professional development to pay for or to reimburse teachers and support personnel for training in the administration of first aid and techniques of cardiopulmonary resuscitation and the Heimlich maneuver.
  6. Nothing in this section shall be construed to impose liability on any school district or school district employee for injury or death of any student, teacher, or other person resulting from any cardiopulmonary or choking incident or to absolve any school district or school employee of liability that might otherwise exist under The Governmental Tort Claims Act.
  7. For purposes of this section, "psychomotor skills" means the use of hands-on practice to support cognitive learning.
  8. A school district may use emergency medical technicians, paramedics, police officers, firefighters, teachers, other school employees or other similarly qualified individuals or organizations to provide the instruction prescribed by this section. Two or more school districts may enter into an interlocal or multidistrict cooperative agreement for the purpose of jointly and comparatively fulfilling the requirements of this section. Instruction provided pursuant to this section is not required to result in certification in cardiopulmonary resuscitation. If instruction is intended to result in certification in cardiopulmonary resuscitation, the course instructor shall be authorized by an instructional program which is nationally recognized and is based upon the most current national evidence-based Emergency Cardiovascular Care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator or a similar nationally recognized association to provide the instruction.

OK Stat § 70-1210.200

  1. This act shall be known and may be cited as the “Zachary Eckles and Luke Davis Automated External Defibrillators in Schools Act.”
  2. Contingent upon the availability of federal funding or donations from private organizations or persons made for this purpose, each school district shall make automated external defibrillators, as defined in Section 5A of Title 76 of the Oklahoma Statutes, available at each school site in the district. The school district may also make automated external defibrillators available at each high school athletic practice or competition in the district.
  3. Any school district that makes automated external defibrillators available in schools or on school district property shall be immune from civil liability for personal injury which results from the use of the device, except for acts of gross negligence or willfull wanton misconduct in accordance with Section 5A of Title 76 of the Oklahoma Statutes.
  4. The State Department of Education shall develop and make available to school districts a list of private organizations or persons willing to make donations or that have resources available to schools for this purpose, federal programs or grants, and any other source of funding that school districts may use to purchase automated external defibrillators. The Department shall also provide public recognition for private organizations or persons that provide funding to school districts for the purpose of purchasing automated external defibrillators.

You will find laws in Oregon concerning AEDs and defibrillators below

OR Rev Stat § 30.802

  1. As used in this section:
    1. “Automated external defibrillator” means an automated external defibrillator approved for sale by the federal Food and Drug Administration.
    2. “Public setting” means a location that is:
      1. Accessible to members of the general public, employees, visitors and guests, but that is not a private residence;
      2. A public school facility as defined in ORS 327.365 (Automated external defibrillator grants);
      3. A health club as defined in ORS 431A.450 (Automated external defibrillators required at health clubs); or
      4. A place of public assembly as defined in ORS 431A.455 (Automated external defibrillators required at places of public assembly).
  2. A person may not bring a cause of action against another person for damages for injury, death or loss that result from acts or omissions involving the use, attempted use or nonuse of an automated external defibrillator when the other person:
    1. Used or attempted to use an automated external defibrillator;
    2. Was present when an automated external defibrillator was used or should have been used;
    3. Provided training in the use of an automated external defibrillator;
    4. Is a physician, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees), nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) or a naturopathic physician licensed under ORS chapter 685 and provided services related to the placement or use of an automated external defibrillator; or
    5. Possesses or controls one or more automated external defibrillators placed in a public setting.
  3. The immunity provided by this section does not apply if:
    1. The person against whom the action is brought acted with gross negligence or with reckless, wanton or intentional misconduct; or
    2. The use, attempted use or nonuse of an automated external defibrillator occurred at a location where emergency medical care is regularly available.
  4. Nothing in this section affects the liability of a manufacturer, designer, developer, distributor or supplier of an automated external defibrillator, or an accessory for an automated external defibrillator, under the provisions of ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable) or any other applicable state or federal law. [2005 c.551 §1; 2010 c.27 §3; 2014 c.45 §4; 2017 c.356 §3]

OR Rev Stat § 336.472

  1. As an integral part of the health education curriculum or the physical education curriculum for students in grades 7 through 12, each school district must provide instruction in:
    1. Cardiopulmonary resuscitation; and
    2. The uses of automated external defibrillators.
  2. Instruction provided as required by subsection (1) of this section must:
    1. Include hands-on practicing of cardiopulmonary resuscitation; and
    2. Be developed by the American Heart Association, the American Red Cross or another organization that has developed an instructional program based on current, nationally recognized emergency cardiac care guidelines.
  3. Instruction provided as required by subsection (1) of this section may be taught by persons who:
    1. Are not licensed teachers but who are certified to provide the instruction, including volunteers from the community; or
    2. Are licensed teachers but who are not certified to provide the instruction.
  4. A school district may waive the requirement that instruction provided under subsection (1) of this section include hands-on practicing of cardiopulmonary resuscitation for any student who is unable to participate in hands-on practicing by reason of disability.
  5. The requirement that instruction provided under subsection (1) of this section include hands-on practicing of cardiopulmonary resuscitation does not apply to students enrolled in a virtual public charter school, as defined in ORS 338.005 (Definitions for chapter). [2015 c.338 §1]

OR Rev Stat § 339.345

Each school campus in a school district, private school campus and public charter school campus shall have on the premises at least one automated external defibrillator. [2010 c.62 §1]

OR SB 1033

SECTION 1. Each school campus in a school district, private school campus and public charter school campus shall have on the premises at least one automated external defibrillator.

SECTION 2. A school in a school district, private school or public charter school shall comply with section 1 of this 2010 Act on or before January 1, 2015.

SECTION 3. ORS 431.680 is amended to read: 431.680.

  1. As used in this section, 'health club' means an indoor facility:
    1. With the primary purpose of offering exercise or athletic activities that patrons or members may participate in for a fee; and
    2. That typically has at the facility on a regular business day 100 or more persons who are employees, patrons or members participating in the exercise or athletic activities offered at the facility.
  2. The owner of a health club shall have on the premises at all times at least one automated external defibrillator. (3) Subsection (2) of this section does not apply to
    1. Any facility owned by an education service district, public charter school or school district; or
    2. facility owned by a hotel as defined in ORS 699.005.

SECTION 4. ORS 431.690 is amended to read: 431.690.

  1. As used in this section, 'place of public assembly' means a facility that has 50,000 square feet or more of floor space and where:
    1. The public congregates for purposes such as deliberation, shopping, entertainment, amusement or awaiting transportation; or
    2. Business activities are conducted; and
    3. At least 25 individuals congregate on a normal business day.
  2. Notwithstanding ORS 431.680, the owner of a place of public assembly shall have on the premises at least one automated external defibrillator.
    1. Notwithstanding the requirements of ORS 30.802, a person may not bring a cause of action against the owner of a place of public assembly who complies with subsection (2) of this section for injury, death or loss that results from acts or omissions involving the use, attempted use or nonuse of an automated external defibrillator.
    2. Nothing in this subsection limits the liability of an owner for damages resulting from the owner's gross negligence or reckless, wanton or intentional misconduct.
  3. Subsections (2) and (3) of this section do not apply to
    1. A facility owned by a school district, education service district, private school or public charter school; or
    2. a facility primarily used for worship or education associated with worship.

SECTION 5. If Senate Bill 1006 becomes law, section 3 of this 2010 Act (amending ORS 431.680) is repealed and ORS 431.680, as amended by section 2, chapter ___, Oregon Laws 2010 (Enrolled Senate Bill 1006), is amended to read:

431.680.

  1. As used in this section, 'health club' means an indoor facility:
    1. With the primary purpose of offering exercise or athletic activities that patrons or members may participate in for a fee; and
    2. That typically has at the facility on a regular business day 50 or more persons who are employees, patrons or members participating in the exercise or athletic activities offered at the facility.
  2. The owner of a health club shall have on the premises at all times at least one automated external defibrillator. (3) Subsection (2) of this section does not apply to
    1. A facility owned by an education service district, public charter school or school district; or
    2. a facility owned by a hotel as defined in ORS 699.005.

SECTION 6. If Senate Bill 1006 becomes law, section 4 of this 2010 Act (amending ORS 431.690) is repealed and ORS 431.690, as amended by section 1, chapter ___, Oregon Laws 2010 (Enrolled Senate Bill 1006), is amended to read:

431.690.

  1. As used in this section, 'place of public assembly' means a single building that has 50,000 square feet or more of indoor floor space and where:
    1. The public congregates for purposes such as deliberation, shopping, entertainment, amusement or awaiting transportation; or
    2. Business activities are conducted; and
    3. At least 50 individuals congregate on a normal business day.
  2. Notwithstanding ORS 431.680, the owner of a place of public assembly shall have on the premises at least one automated external defibrillator.
  3. Notwithstanding subsection (2) of this section:
    1. A community college or a state institution of higher education listed in ORS 352.002 shall have at least one automated external defibrillator on the campus of the community college or institution; and
    2. If the campus of the community college or institution of higher education contains more than one place of public assembly, the community college or institution shall ensure that at least one automated external defibrillator is readily available to each place of public assembly.
  4. Subsection (2) of this section does not apply to
    1. A building owned by a school district, education service district, private school or public charter school; or
    2. a building primarily used for worship or education associated with worship.

OR HB 3482

SECTION 1.

  1. As used in this section:
    1. 'Automated external defibrillator' means an automated external defibrillator approved for sale by the federal Food and Drug Administration.
    2. 'Public setting' means a location that is:
      1. Accessible to members of the general public, employees, visitors and guests, but that is not a private residence;
      2. A public school facility as defined in section 4 of this 2005 Act; or
      3. A health club as defined in section 6 of this 2005 Act.
  2. A person may not bring a cause of action against another person for damages for injury, death or loss that result from acts or omissions involving the use, attempted use or nonuse of an automated external defibrillator when the other person:
    1. Used or attempted to use an automated external defibrillator;
    2. Was present when an automated external defibrillator was used or should have been used;
    3. Provided training in the use of an automated external defibrillator;
    4. Is a physician and provided services related to the placement or use of an automated external defibrillator; or
    5. Possesses or controls one or more automated external defibrillators placed in a public setting and reasonably complied with the following requirements:
      1. Maintained, inspected and serviced the automated external defibrillator, the battery for the automated external defibrillator and the electrodes for the automated external defibrillator in accordance with guidelines set forth by the manufacturer.
      2. Ensured that a sufficient number of employees received training in the use of an automated external defibrillator so that at least one trained employee may be reasonably expected to be present at the public setting during regular business hours.
      3. Stored the automated external defibrillator in a location from which the automated external defibrillator can be quickly retrieved during regular business hours.
      4. Clearly indicated the presence and location of each automated external defibrillator.
      5. Established a policy to call 9-1-1 to activate the emergency medical services system as soon as practicable after the potential need for the automated external defibrillator is recognized.
  3. The immunity provided by this section does not apply if:
    1. The person against whom the action is brought acted with gross negligence or with reckless, wanton or intentional misconduct;
    2. The use, attempted use or nonuse of an automated external defibrillator occurred at a location where emergency medical care is regularly available; or
    3. The person against whom the action is brought possesses or controls one or more automated external defibrillators in a public setting and the person's failure to reasonably comply with the requirements described in subsection (2)(e) of this section caused the alleged injury, death or loss.
  4. Nothing in this section affects the liability of a manufacturer, designer, developer, distributor or supplier of an automated external defibrillator, or an accessory for an automated external defibrillator, under the provisions of ORS 30.900 to 30.920 or any other applicable state or federal law.

SECTION 2. Section 1 of this 2005 Act applies to causes of action arising on or after the effective date of this 2005 Act.

SECTION 3. Section 4 of this 2005 Act shall be known as the Graeme Jones and Eddie Barnett Memorial Act.

SECTION 4.

  1. As used in this section, 'public school facility' means a building or premanufactured structure used by a school district or public charter school to provide educational services to children.
  2. In addition to those moneys distributed through the State School Fund, the Department of Education may award grants to school districts and public charter schools to provide automated external defibrillators in public school facilities.
  3. The goal of the grant program is to provide automated external defibrillators in at least two public school facilities in each school district.
  4. Each school district and public charter school may apply for a grant under this section. The amount of any grant received by a school district or public charter school under this section may not exceed 60 percent of the actual costs for which grant funds may be used under subsection (5) of this section.
  5. Any school district or public charter school that receives grant funds under this section shall use the funds for:
    1. Purchasing or leasing automated external defibrillators to be placed in public school facilities;
    2. Providing training to school district and public charter school employees and volunteers on the use of automated external defibrillators; and
    3. Any other expense related to providing automated external defibrillators in public school facilities if the expense is approved by the Department of Education.
  6. The State Board of Education may adopt rules:
    1. To establish criteria for awarding grants based on the goal set forth in subsection (3) of this section;
    2. To determine the amount of each grant pursuant to subsection (4) of this section; and
    3. That are necessary for the administration of this section.
  7. The Department of Education shall seek federal grant funds for the purposes of the grant program.
  8. For purposes of the grant program, the Department of Education may accept contributions of funds and assistance from the United States Government and its agencies or from any other source, public or private, and agree to conditions placed on the funds not inconsistent with the purposes of the grant program.
  9. All funds received by the Department of Education under this section shall be paid into the Department of Education Account established in ORS 326.115 to the credit of the grant program.

SECTION 5. Section 6 of this 2005 Act shall be known as the Kirk Spencer Memorial Act.

SECTION 6.

  1. As used in this section, 'health club' means an indoor facility:
    1. With the primary purpose of offering exercise or athletic activities that patrons or members may participate in for a fee; and
    2. That typically has at the facility on a regular business day 100 or more persons who are employees, patrons or members participating in the exercise or athletic activities offered at the facility.
  2. The owner of a health club shall have on the premises at all times at least one automated external defibrillator.
  3. Subsection (2) of this section does not apply to:
    1. Any facility owned by an education service district, public charter school or school district; or
    2. Any facility owned by a hotel as defined in ORS 699.005.

SECTION 7. Section 6 of this 2005 Act becomes operative on July 1, 2006.

SECTION 8. ORS 30.801 is repealed.

SECTION 9. The repeal of ORS 30.801 by section 8 of this 2005 Act does not affect any causes of action arising before the effective date of this 2005 Act.

SECTION 10. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect on its passage.

P - S

You will find the laws of Pennsylvania concerning AEDs and defibrillators below

42 PA.C.S.A. § 8331.2

Section 1. Sections 8331.2 and 8332 of Title 42 of the Pennsylvania Consolidated Statutes are amended to read:

§ 8331.2. Good Samaritan civil immunity for use of automated external defibrillator.

  1. General rule.--[Except as otherwise provided in this section, any individual who is trained to use an automated external defibrillator in accordance with subsection (c) and] Any person who in good faith acquires and maintains an AED or uses an AED in an emergency shall not be liable for any civil damages as a result of any acts or omissions by [such] an individual [in] using the AED, except [any] if acts or omissions intentionally designed to harm or any grossly negligent acts or omissions [which] result in harm to the individual receiving the AED treatment.
  2. Requirements.--Any person who acquires and maintains an AED for use in accordance with this section shall [not be liable for civil damages provided that the person]:
    1. Ensure that expected AED users receive training pursuant to subsection (c).
    2. Maintain and test the AED according to the manufacturer's operational guidelines.
    3. Provide instruction requiring the user of the AED to utilize available means to immediately contact and activate the emergency medical services system.
    4. Assure that any appropriate data or information is made available to emergency medical services personnel or other health care providers as requested.
  3. Training.--For purposes of this section, expected AED users shall complete training in the use of an AED [provided by the American National Red Cross or the American Heart Association or through an equivalent course of instruction approved by the Department of Health in consultation with a technical committee of the Pennsylvania Emergency Health Services Council] consistent with American Red Cross, American Heart Association or other national standards as identified and approved by the Department of Health in consultation with the Pennsylvania Emergency Health Services Council.
  4. Obstruction of emergency medical services personnel.--Nothing in this section shall relieve a person who uses an AED from civil damages when that person obstructs or interferes with care and treatment being provided by emergency medical services personnel or a health professional.
  5. Exception.--Any individual who lacks the training set forth in subsection (c) but who has access to an AED and in good faith uses an AED in an emergency as an ordinary, reasonably prudent individual would do under the same or similar circumstances shall receive immunity from civil damages as set forth in subsection (a).
  6. Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Automated external defibrillator" or "AED." A portable device that uses electric shock to restore a stable heart rhythm to an individual in cardiac arrest. "Emergency." A situation where an individual is believed to be in cardiac arrest [and] or is in need of immediate medical attention to prevent death or serious injury. "Good faith." Includes a reasonable opinion that the immediacy of the situation is such that the use of an AED should not be postponed until emergency medical services personnel arrive or the person is hospitalized.

§ 8332. [Nonmedical] Emergency response provider and bystander good Samaritan civil immunity.

  1. General rule.--[Any person who renders emergency care, first aid or rescue at the scene of an emergency, or moves the person receiving such care, first aid and rescue to a hospital or other place of medical care, shall not be liable to such person for any civil damages as a result of any acts or omissions in rendering the emergency care, first aid or rescue, or moving the person receiving the same to a hospital or other place of medical care, except any acts or omissions intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the person receiving the emergency care, first aid or rescue or being moved to a hospital or other place of medical care] Any person, including an emergency response provider, whether or not trained to practice medicine, who in good faith renders emergency care, treatment, first aid or rescue at the scene of an emergency event or crime or who moves the person receiving such care, first aid or rescue to a hospital or other place of medical care shall not be liable for any civil damages as a result of rendering such care, except in any act or omission intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the person receiving emergency care or being moved to a hospital or other place of medical care.
  2. Exceptions.--
    1. This section shall not relieve a driver of an ambulance or other emergency or rescue vehicle from liability arising from operation or use of such vehicle.
    2. In order for any person to receive the benefit of the exemption from civil liability provided for in subsection (a), he shall be, at the time of rendering the emergency care, first aid or rescue or moving the person receiving emergency care, first aid or rescue to a hospital or other place of medical care, the holder of a current certificate evidencing the successful completion of a course in first aid, advanced life saving or basic life support sponsored by the American National Red Cross or the American Heart Association or an equivalent course of instruction approved by the Department of Health in consultation with a technical committee of the Pennsylvania Emergency Health Services Council and must be performing techniques and employing procedures consistent with the nature and level of the training for which the certificate has been issued.
  3. Exception.--This section shall not relieve a driver of a vehicle, including an ambulance or other emergency rescue vehicle, from liability arising from an operation or use of such vehicle pursuant to subsection (a).
  4. Definition.--For the purposes of this section, the term "emergency response provider" includes Federal, State and local emergency public safety, law enforcement, emergency response, emergency medical services personnel , response teams, agencies and authorities, excluding hospital emergency facilities and related personnel.

24 P.S. § 14-1423

  1. The department shall establish an automatic external defibrillator program to assist school entities and nonpublic schools in making automatic external defibrillators available in school buildings.
  2. On a biennial basis, the department, in consultation with the Department of General Services and the Department of Health, shall issue an invitation to bid for the cost of automatic external defibrillators and other equipment and supplies necessary for the proper operation of the device.  The department shall accept the bid of the lowest responsible bidder and permit any school entity or nonpublic school to purchase the devices at the contract bid price.  The department may purchase automatic external defibrillators from any funds appropriated pursuant to subsection (k) for distribution to school entities and nonpublic schools.
  3. To be eligible to obtain or purchase automatic external defibrillators under the program a school entity or nonpublic school must:
    1. Assure that two (2) or more persons assigned to the location where the automatic external defibrillator will be primarily housed are trained as required in subsection (d).
    2. Ensure that the device will be secured in a safe and readily accessible location and agree to properly maintain and test the device according to the manufacturer's operational guidelines.
    3. Submit a valid prescription for the device from a licensed medical practitioner in this Commonwealth.
    4. Agree to provide the training required by subsection (d).
  4. School personnel who are expected to use the automatic external defibrillator shall complete training in cardiopulmonary resuscitation and in the use of an automatic external defibrillator provided by the American Heart Association, the American Red Cross or through an equivalent course of instruction approved by the Department of Health.
  5. A school entity may include the training required by subsection (d) in its continuing professional education plan submitted to the department under section 1205.1.
  6. The provisions of 42 Pa.C.S. § 8331.2 (relating to good Samaritan civil immunity for use of automated external defibrillator) shall apply to school employes who render care with an automatic external defibrillator.
  7. From funds appropriated for this purpose, the department may assist school entities and nonpublic schools that are not equipped with automatic external defibrillators by providing a discount from the contract bid price obtained under subsection (b) or by providing automatic external defibrillators obtained under subsection (b).
    1. The purchase of an automatic external defibrillator shall be considered an allowable use of Pennsylvania Accountability Grants under section 2599.2(b).
    2. The purchase of automatic external defibrillators shall be considered an innovative educational program under Article XVII-F of the act of March 4, 1971 (P.L. 6, No. 2),  3 known as the “Tax Reform Code of 1971.”
  8. (Reserved).
  9. Not later than June 30, 2014, and each year thereafter, each school entity shall make a report to the department detailing the number, condition, age and placement of automatic external defibrillators in each school building.  After the initial report is made, a school entity may report this information as part of the annual report required by the Commonwealth under section 2505.1  4 to receive State reimbursement for health services.
    1. A nonpublic school that participates in the automatic external defibrillator program under subsection (b) or (g) shall be subject to the reporting required under subsection (i).
    2. The department shall annually publish a report on its publicly accessible Internet website no later than December 31, 2014, and each year thereafter.  The report shall contain the following information:
      1. The total number of automatic external defibrillators by school entity and nonpublic school.
      2. The number of school buildings by school entity and nonpublic school that are equipped with automatic external defibrillators.
      3. The number of school buildings by school entity and nonpublic school that are not equipped with automatic external defibrillators.
  10. The department may adopt guidelines as necessary to administer this section.
  11. The General Assembly may appropriate funds to carry out the provisions of this section.
  12. As used in this section--
    • “Automatic external defibrillator” means a portable device that uses electric shock to restore a stable heart rhythm to an individual in cardiac arrest.
    • “Department” means the Department of Education of the Commonwealth.
    • Nonpublic school” means a nonprofit school, other than a public school within this Commonwealth, wherein a resident of this Commonwealth may legally fulfill the compulsory school attendance requirements of this act and which meets the applicable requirements of Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).5
    • “School building” means a building owned by or under the control of a school entity or nonpublic school where classes are taught or extracurricular activities are conducted on a regular basis.
    • “School entity” means an area vocational-technical school, a charter school, a cyber charter school, an intermediate unit or a school district.
    • “Secretary” means the Secretary of Education of the Commonwealth.

73 P.S. § 2174

  1. General rule.-- Except as provided under subsection (c.1), every health club shall employ and have on the health club's premises during the club's hours of operation a person who is trained and certified to administer CPR.
  2. Nature of employment.--An employee who is trained and certified to administer CPR may be hired primarily to fulfill other functions for the employing health club.
  3. Number of employees certified.--If a health club is open for more than eight hours a day and more than five days a week, it shall employ more than one person who is trained and certified to administer CPR.
  4. Exception.--A health club that offers services during nonstaffed hours shall not be subject to the requirements of subsections (a) and (c) if the health club complies with all of the following:
    1. Every health club offering health club services during nonstaffed hours prior to the effective date of this subsection shall comply with all of the following:
      1. The portion of the premises in which members are permitted access during nonstaffed hours must meet all of the following:
        1. Consist of not more than 6,000 square feet.
        2. Meet the requirements of the municipality in which the health club is located concerning accessibility to emergency services responders from the outside of the health club.
      2. The area specified under subparagraph (i) must be equipped with all of the following:
        1. At least one automated external defibrillator.
        2. Appropriate signage.
        3. A panic button.
        4. A 911 telephone.
        5. At least four personal security devices.
      3. During the orientation of each new buyer, or at the time of the renewal of an existing health club membership, the health club shall provide instructions regarding the use of the health club during nonstaffed hours, including the location and use of all equipment required under subparagraph (ii).
      4. All contracts for a new or renewal membership to the health club must contain a waiver that:
        1. Explains to the buyer that the health club may have hours during which it is not staffed.
        2. Explains to the buyer that the health club is required to have certain safety equipment, including the location and use of the equipment required under subparagraph (ii).
        3. Is signed by the buyer acknowledging that the buyer received all of the instructions required under this subsection regarding the use of the health club during nonstaffed hours, including the location and use of the safety equipment.
    2. Every health club not providing health club services during nonstaffed hours prior to the effective date of this subsection that will begin to provide health club services during nonstaffed hours after the effective date of this subsection must comply with the following:
      1. Provide notice to all existing buyers of health club contracts of the intent of the health club to provide health club services during nonstaffed hours of operation.
      2. Provide notice to all existing buyers of health club contracts of the hours of operation during which there will not be an individual on premise who is trained and certified to administer CPR.
      3. Obtain a signed waiver from each existing health club member that:
        1. Explains to the buyer that the health club may have hours during which it is not staffed.
        2. Explains to the buyer that the health club is required to have certain safety equipment, including the location and use of the equipment required under paragraph (1)(ii).
        3. Is signed by the buyer acknowledging that the buyer received all of the instructions of this subsection regarding the use of the health club during nonstaffed hours, including the location and use of the safety equipment.
        4. Provides instructions to the buyer regarding the use of the health club during nonstaffed hours of operation, including the location and use of all equipment required under paragraph (1)(ii).
      4. Provide notice to all existing buyers of health club contracts that:
        1. Within at least 60 days prior to the provision of health club services during nonstaffed hours, the provision of health club services during nonstaffed hours is a material change in the contract.
        2. The contract may be terminated only within the 60-day period under clause (A).
        3. If the contract is terminated under this subparagraph, a refund will be provided for the unused portion of the remaining contract.
  5. Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
    • “911 telephone.” A telephone that does any of the following:
      1. Allows the person using the telephone to contact a public safety answering point by dialing or pressing 911.
      2. Automatically calls a public safety answering point when a person picks up the handset and activates the telephone. “Appropriate signage.” All of the following:
        1. A sign posted in plain view by each automated external defibrillator, panic button, 911 telephone and personal security device with instructions for their use.
        2. A sign posted in plain view indicating that working out alone during nonstaffed hours may pose health and safety risks.
    • “Automated external defibrillator.” A portable device that uses electric shock to restore a stable heart rhythm to an individual in cardiac arrest.
    • “CPR.” Cardiopulmonary resuscitation, an approved lifesaving technique which involves stimulation of the lungs and heart of a victim of cardiac or pulmonary distress.
    • “Emergency services.” Services, including firefighting, law enforcement, ambulance and medical services, provided for the protection or preservation of persons or property in circumstances of immediate and significant threat of injury or harm.
    • “Nonstaffed hours.” Any period during which a health club provides health club services without an employee on the premises.
    • “Panic button.” A wall-mounted device that, when intentionally activated by a person, sends an electronic signal informing a public safety answering point or a remote monitoring station that the person is in need of emergency services.
    • “Personal security device.” A device that is designed to be worn around the neck of a person and, when intentionally activated by the person, sends an electronic signal informing a public safety answering point or a remote monitoring station that the person is in need of emergency services.
    • “Public safety answering point.” A public safety answering point as defined in 35 Pa.C.S. § 5302 (relating to definitions).
    • “Remote monitoring station.” A location staffed 24 hours a day, seven days a week by trained personnel who contact a public safety answering point or emergency services responders.

55 PA. Code § 2800.96

  1. The residence shall have a first aid kit in each building on the premises that includes nonporous disposable gloves, antiseptic, adhesive bandages, gauze pads, thermometer, adhesive tape, scissors, breathing shield, eye coverings and tweezers. The residence shall have an automatic external defibrillation device located in each building on the premises.
  2. Staff persons shall know the location of the first aid kit.
  3. The first aid kit must be in a location that is easily accessible to staff persons.

HB 2778

Amending the act of November 10, 1999 (P.L.491, No.45), entitled "An act establishing a uniform construction code; imposing powers and duties on municipalities and the Department of Labor and Industry; providing for enforcement; imposing penalties; and making repeals," providing for requirement for hotels.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. The act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, is amended by adding a section to read:

Section 306. Requirement for hotels. Hotels shall provide and maintain automatic external defibrillator equipment onsite.

Section 2. This act shall take effect in 60 days.

The laws of Rhode Island concerning AEDs and defibrillators are below

RI Gen Laws § 9-1-34

Administering cardiopulmonary resuscitation or automated external defibrillation – Immunity from liability.

  1. No person, whether acting in an official capacity or as a private volunteer, who gratuitously renders emergency assistance in the nature of cardiopulmonary resuscitation or automated external defibrillation to a person in need thereof, shall be liable for civil damages for any personal injuries which result from acts or omissions by such persons rendering the emergency care, which may constitute ordinary negligence; provided, however, that this immunity applies only to persons who have been trained in accordance with standards promulgated by either the American heart association or the American national red cross. This immunity does not apply to acts or omissions constituting gross, willful, or wanton negligence. This immunity shall also extend to persons providing approved training in cardiopulmonary resuscitation and use of automated external defibrillation in accordance with standards promulgated by either the American heart association or the American national red cross and to physicians providing medical direction oversight for programs of automated external defibrillator use.
  2. Property lessees and owners where the emergency assistance occurs as well as the owners of the actual life saving equipment shall enjoy immunity from liability.

RI Gen Laws § 23-6.5-2

AUTOMATED EXTERNAL DEFIBRILLATORS REQUIRED AT PUBLIC PLACES

23-6.5-1. Legislative findings.

  1. Approximately three hundred twenty-five thousand (325,000) Americans suffer sudden cardiac arrest ("SCA") each year and more than ninety-five percent (95%) of them die before reaching the hospital;
  2. In the population of Rhode Island, an estimated one thousand (1,000) residents will die of cardiac arrest every year;
  3. Facilities that host large numbers of visitors are more likely to experience an event which requires an automated external defibrillator ("AED");
  4. If defibrillation is performed within five (5) to seven (7) minutes, chances of survival are increased by forty-nine percent (49%). Every minute that goes by without defibrillation reduces the chance of survival by seven percent (7%) to ten percent (10%);
  5. Automated external defibrillators (AEDs) are extremely accurate computerized devices that can be operated by the average person; and
  6. Automated external defibrillators (AEDs) can be acquired through grants from various organizations or through government agencies.

23-6.5-2. Automated external defibrillators requirements.

  1. As used in this chapter, "public place" means an enclosed area capable of holding three hundred (300) people or more and to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, government offices, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility
  2. Notwithstanding the provisions contained in §§5-50-12 or 16-21-33.1 relating to automated external defibrillators in health clubs and schools, any person who owns or operates a public place as defined in subsection (a) of this section shall provide and maintain:
    1. On-site functional automated external defibrillators (AEDs) in quantities and types, deemed by the director of health, to be adequate to ensure ready and appropriate access for use during emergencies; and
    2. At least one person who is properly trained in the operation and use of an AED. Training required by this chapter may be conducted by qualified personnel, including, but not limited to, municipal fire and police department employees.

23-6.5-3. Rules and regulations.

The director of health is hereby authorized to adopt, modify, repeal, or promulgate rules and regulations necessary to implement the provisions of this section.

RI Gen Laws § 23-6.2-2

On or after September 30, 1998, the Rhode Island municipal police academy, after consultation with the coalition for public safety defibrillators, shall provide two (2) defibrillators for distribution to each and every city or town in the state, one defibrillator to the State House, one defibrillator to each campus of the University of Rhode Island, one defibrillator to Rhode Island College, and one defibrillator to each campus of the Community College of Rhode Island. On or after July 1, 1999, thirty-five (35) defibrillators shall be provided to the Rhode Island state police; two (2) defibrillators to the Licht Judicial Complex, two (2) defibrillators to the Garrahy Judicial Complex, two (2) defibrillators to the Kent County Leighton Judicial Complex, one defibrillator to the Washington County McGrath Judicial Complex, one defibrillator to the Newport County Murray Judicial Complex, and fifty (50) automated external defibrillators to cities or towns within the state based upon current deployment levels of automated external defibrillators, population, and geographic need. These devices shall be placed in the possession of the chief and/or the highest ranking member of the municipality's police department, the Rhode Island state police, the capitol police in the State House, the sheriff's department in each county judicial complex, the director of public safety or the chief of the campus police at the University of Rhode Island, the director of public safety or the chief of the department of security and safety at Rhode Island College, the director of public safety or the chief of campus police at the Community College of Rhode Island, or the Rhode Island state police in those municipalities where the state police provide law enforcement service, to be deployed by that officer in the manner in which he or she determines will best promote the availability of and access to the defibrillator by the general public. Provided that one or both defibrillators may be deployed to the municipality's fire department if the police chief determines that that deployment would best promote the intent and purpose of this chapter. These defibrillators will at all times be deployed and used in accordance with all applicable federal and state statutes. The Rhode Island municipal police academy will, in consultation with the coalition for public safety defibrillation, also provide training in cardiopulmonary resuscitation and automated external defibrillator use for all law enforcement personnel serving the municipalities and agencies referenced in this section to which automated external defibrillators have been provided.

RI Gen Laws § 16-22-15

16-22-15 Cardiopulmonary resuscitation training.

  1. The department of elementary and secondary education shall develop and prescribe a cardiopulmonary resuscitation (CPR) training course for public school students in the state. The course shall be established in accordance with the requirements and criteria obtained from the Red Cross and/or the American Heart Association and the director of the department of health.
  2. The department of elementary and secondary education shall promulgate course guidelines including the age or grade level of pupils required to receive cardiopulmonary resuscitation (CPR) training. This shall at a minimum include psychomotor skill-based cardiopulmonary resuscitation (CPR) training and an overview of automated external defibrillator (AED) use for all high school students prior to graduation. "Psychomotor skill" is defined as the use of hands-on practicing to support cognitive learning. Cognitive-only training does not qualify. Formal certification is not required.
  3. The school committees of the several cities, towns, and school districts shall provide for the incorporation of the course in training in existing health education courses. The department of elementary and secondary education shall establish a procedure for monitoring adherence to this section.

RI Gen Laws § 5-50-12

5-50-12 Defibrillators.

  1. Every health club registered with the department of attorney general pursuant to this chapter shall have at least one automated external defibrillator (AED) on the premises. The AED will at all times be deployed in a manner in which best provides accessibility to staff, members and guests. At least one employee per shift must be properly trained by the American Heart Association or comparable state recognized agency in cardiopulmonary resuscitation (CPR) and AED, and must be on duty during hours of operation.
  2. Any facility that has a health club on premises that currently complies with all parts within this act shall be exempted from duplication.
  3. A cause of action against a health club or its employees, in connection with the use or nonuse of an AED, shall not exist except in cases where the health club has failed to purchase an AED as required under this act and in cases of willful or wanton negligence.
  4. A knowing or willful violation of this section by a health club may result in suspension or revocation of its registration.
  5. Any health club which operates a facility on a key pass basis with no attending employees at anytime is exempt from the trained employee on duty requirement set forth in subsection (a) herein of this section.

You will find AED and defibrillator laws of South Carolina below

SC Code § 44-76-40

Immunity from civil liability for use of automated external defibrillator.

  1. Any person or entity acting in good faith and gratuitously shall be immune from civil liability for the application of an AED unless the person was grossly negligent in the application.
  2. Any designated AED users meeting the requirements of Section 44-76-30(1) and acting according to the required training shall be immune from civil liability for the application of an AED unless the application was grossly negligent.
  3. A person or entity acquiring an AED and meeting the requirements of Section 44-76-30 or an AED liaison meeting the requirements of Section 44-76-30 shall be immune from civil liability for the application of an AED by any person or entity described in items (1) or (2) of this section.
  4. A prescribing physician shall be immune from civil liability for authorizing the purchase of an AED, unless the authorization was grossly negligent.
  5. Any person or entity, acting in good faith and gratuitously, that teaches or provides a training program for cardiopulmonary resuscitation that includes training in the use of an automated external defibrillator is immune from civil liability for providing this training for use if the:
    1. person or entity has provided the training in accordance with the guidelines and policies of a national training organization, as defined in Section 44-76-30(1);
    2. person providing the training is authorized to deliver that course or curriculum; and
    3. training delivery was not grossly negligent.

SC Code § 44-76-30

Training, maintenance, testing, use and reporting requirements for automated external defibrillators.

A person or entity that acquires an AED shall:

  1. require its designated AED users to have current training in CPR and AED use by the American Heart Association, American Red Cross, American Safety and Health Institute, or National Safety Council, or training from a program that meets or exceeds the training standards of these organizations;
  2. maintain and test the AED according to the manufacturer's operational guidelines and keep written records of maintenance and testing;
  3. employ or obtain a health care professional to serve as its AED liaison;
  4. have in place an AED program approved by its AED liaison which includes CPR and AED training, AED protocol or guidelines, AED deployment strategies, and an AED equipment maintenance plan;
  5. include in its AED protocol or guidelines that a person who renders emergency care or treatment to a person in cardiac arrest caused by ventricular fibrillation/tachycardia by using an AED must activate the emergency medical services system or 911 as soon as possible; and
  6. report any clinical use of the AED to the AED liaison.

SC Code § 44-76-20

Definitions.

For purposes of this chapter:

  1. "Automated external defibrillator" or "AED" means an automated external defibrillator which is a medical device heart monitor and defibrillator that:
    1. has received approval of its pre-market notification filed pursuant to the United States Code, Title 21, Section 360(k), from the United States Food and Drug Administration;
    2. 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
    3. upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.
  2. "Health care professional" means a licensed physician, surgeon, physician's assistant, nurse practitioner, or nurse.
  3. "Designated AED user" means a person identified by the person or entity acquiring an AED who has received training in the use of an AED pursuant to this chapter.

You will find laws of South Dakota concering AEDs and defibrillators below.

SD Codified Laws § 20-9-4.4

Civil immunity for emergency use or nonuse of AED. Any person, who in good faith obtains, uses, attempts to use, or chooses not to use an AED in providing emergency care or treatment, is immune from civil liability for any injury as a result of such emergency care or treatment or as a result of an act or failure to act in providing or arranging such medical treatment.

SD Admin Reg § 20-43-09-13.01

Equipment -- Moderate sedation. Any dentist who administers moderate sedation or who provides dental services to patients under moderate sedation must ensure that the office in which the work is performed:

  1. Has an operatory of the appropriate size and design to permit access of emergency equipment and personnel and to permit appropriate emergency management;
  2. Has the following equipment:
    1. An automated external defibrillator or full function defibrillator that is immediately accessible;
    2. A positive pressure oxygen delivery system and a backup system;
    3. A functional suctioning device and a backup suction device;
    4. Auxiliary lighting;
    5. A gas storage facility;
    6. A recovery area. Recovery may take place in the surgical suite. If a separate recovery area is utilized, it must be of the appropriate size for emergency access and management and must have resuscitative equipment present;
    7. Methods to monitor respiratory and cardiac function, including all of the following:
      1. Pulse oximetry; and
      2. Electrocardiogram display;
    8. A board approved emergency cart that must be available and readily accessible and includes the necessary and appropriate drugs and equipment to resuscitate a non-breathing and unconscious patient and provide continuous support while the patient is transported to a medical facility. There must be documentation that all emergency equipment and drugs are checked and maintained on a prudent and regularly scheduled basis.

SD Codified Laws § 13-3-93

Annual survey of cardiopulmonary resuscitation instruction--Report to Legislature. The secretary of education shall electronically survey school districts regarding whether, and to what extent, the instruction of cardiopulmonary resuscitation and the use of automated external defibrillators is offered. The survey must gather data regarding what grades, for what period of time, and in connection with what course of instruction, if any, the training is offered. The secretary shall submit a report of the results of this data collection to the Senate and House standing committees on education and health and human services no later than December 1 of each year.

SD Codified Laws § 13-3-92

Cardiopulmonary resuscitation training resources. Any training resources the secretary of education recommends pursuant to § 13-3-91 shall be nationally recognized, use the most current national guidelines for CPR and emergency cardiovascular care, and incorporate psychomotor skills development into the instruction.

SD SB 145

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. The secretary of education shall annually identify cardiopulmonary resuscitation (CPR) as a recommended skill that all schools should include within school health curriculum and shall inform school districts of resources and training available to assist schools to provide instruction in CPR and the use of automated external defibrillators.

Section 2. Any training resources the secretary of education recommends pursuant to section 1 of this Act shall be nationally recognized, use the most current national guidelines for CPR and emergency cardiovascular care, and incorporate psychomotor skills development into the instruction.

Section 3. The secretary of education shall electronically survey school districts regarding whether, and to what extent, the instruction of cardiopulmonary resuscitation and the use of automated external defibrillators is offered. The survey must gather data regarding what grades, for what period of time, and in connection with what course of instruction, if any, the training is offered. The secretary shall submit a report of the results of this data collection to the Senate and House standing committees on education and health and human services no later than December 1 of each year.

SD Codified Laws § 20-9-4.3

Definition of terms. Terms used in §§ 20-9-4.3 to 20-9-4.8, inclusive, mean:

  1. "AED," an automated external defibrillator;
  2. "Person," a natural person, organization, corporation, partnership, limited partnership, joint venture, association, government entity, or any other legal or commercial entity.

SD Codified Laws § 13-3-91

Cardiopulmonary resuscitation skills to be included in school curriculum. The secretary of education shall identify cardiopulmonary resuscitation (CPR) skills that all schools shall include within required school curriculum and shall inform school districts of resources and training available to assist schools to provide instruction in CPR and the use of automated external defibrillators.

SD Codified Laws § 20-9-4.9

Over-the-counter AED--Application of chapter--Immunity from civil liability--Exception. The provisions of this chapter do not apply to an over-the-counter AED purchased without a written prescription. However, any person, who in good faith obtains an over-the-counter AED for use in providing emergency care or treatment or utilizes an over-the-counter AED, is immune from civil liability for any injury as a result of such emergency care or treatment or as a result of an act or failure to act in providing or arranging such emergency care or treatment. The immunity from civil liability pursuant to this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering such emergency care.

SD SB 83

Section 1. Terms used in this Act mean:

  1. "AED," an automated external defibrillator;
  2. "Person," a natural person, organization, corporation, partnership, limited partnership, joint venture, association, or any other legal or commercial entity;
  3. "Physician," a physician licensed pursuant to chapter 36-4.

Section 2. Any person, who in good faith obtains an AED for use in providing emergency care or treatment, is immune from civil liability for any injury as a result of such emergency care or treatment or as a result of an act or failure to act in providing or arranging such medical treatment. This immunity applies only if the following requirements are fulfilled:

  1. The person tests and maintains the AED, or arranges to have such testing and maintenance performed on the AED pursuant to the AED manufacturer's specifications;
  2. The person involves a physician to authorize in writing AED placement and compliance with the requirements for AED training, notification of placement and use, and maintenance;
  3. An emergency medical services system is activated when an AED has been used to render emergency care or treatment; and
  4. The person has reported any emergency use of the AED to the physician.

Section 3. Any physician who provides those services stated in subdivision (2) of section 2 of this Act is immune from civil liability for any personal injury that occurs as a result of emergency care or treatment rendered using the AED or as a result of an act or failure to act in providing or arranging such medical treatment.

Section 4. Any person who provides AED training is immune from civil liability for any personal injury that occurs as a result of emergency care or treatment rendered using the AED or as a result of an act or failure to act in providing or arranging such medical treatment.

Section 5. Any person who acquires an AED shall notify an agent of the emergency communications or vehicle dispatch center of the existence, location, and type of AED.

Section 6. The immunity from civil liability under this Act does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering such emergency care.

T - V

You will find laws regarding AEDs and defibrillators in Tennessee below

TN Code § 63-6-218

63-6-218. Good Samaritan Law.

  1. This section shall be known and cited as the Good Samaritan Law.
  2. Any person, including those licensed to practice medicine and surgery and including any person licensed or certified to render service ancillary thereto, or any member of a volunteer first aid, rescue or emergency squad that provides emergency public first aid and rescue services, who in good faith:
    1. Renders emergency care at the scene of an accident, medical emergency and/or disaster, while en route from such scene to a medical facility and while assisting medical personnel at the receiving medical facility, including use of an automated external defibrillator, to the victim or victims thereof without making any direct charge for the emergency care; or
    2. Participates or assists in rendering emergency care, including use of an automated external defibrillator, to persons attending or participating in performances, exhibitions, banquets, sporting events, religious or other gatherings open to the general public, with or without an admission charge, whether or not such emergency care is made available as a service, planned in advance by the promoter of the event and/or any other person or association, shall not be liable to such victims or persons receiving emergency care for any civil damages as a result of any act or omission by such person in rendering the emergency care, or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, except such damages as may result from the gross negligence of the person rendering such emergency care.
  3. A receiving medical facility shall not be liable for any civil damages as a result of any act or omission on the part of any member of a volunteer first aid, rescue or emergency squad that provides emergency public first aid and rescue services while such person is assisting medical personnel at the receiving medical facility.
  4. If:
    1. A volunteer fire squad is organized by a private company for the protection of the plant and grounds of such company;
    2. Such squad is willing to respond and does respond to calls to provide fire protection for residents living within a six (6) mile radius of the county surrounding such plant; and
    3. The plant is located in a county that does not otherwise provide fire protection to such residents;
    then the members of such volunteer fire squad, while providing fire protection within such area outside the plant, shall be liable to suit under the provisions of the Governmental Tort Liability Act, compiled in title 29, chapter 20, part 2.

TN Code § 68-140-407

An individual providing training to others in an approved program on the use of an AED shall be held harmless by the employer of the trainer for damages caused by training that was negligent.

TN Code § 68-140-406

The entity responsible for the AED program shall not be liable for any civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if the applicable provisions and program established under § 68-140-404 and the rules adopted by the department pursuant to § 68-140-405 have been met by the entity and have been followed by the individuals using the AED.

TN Code § 68-140-405

The department of health shall adopt rules specifying the following:

  1. The contents of the written notice required by § 68-140-404;
  2. Reporting requirements for each use of an AED;
  3. The contents of a plan prepared in accordance with § 68-140-404 and requirements applicable to the subject matter of the plan;
  4. Training requirements in cardiopulmonary resuscitation and AED use that are consistent with the scientific guidelines of the American Heart Association for any individual authorized by an AED program plan to use an AED;
  5. Requirements for medical supervision of an AED program; and
  6. Performance requirements for an AED in order for the AED to be used in an AED program.

TN Code § 68-140-404

In order for an entity to use or allow the use of an automated external defibrillator, the entity shall:

  1. Establish a program for the use of an AED that includes a written plan that complies with subdivisions (2)-(6) and rules adopted by the department of health. The plan must specify:
    1. Where the AED will be placed;
    2. The individuals who are authorized to operate the AED;
    3. How the AED will be coordinated with an emergency medical service providing services in the area where the AED is located;
    4. The maintenance and testing that will be performed on the AED;
    5. Records that will be kept by the program;
    6. Reports that will be made of AED use;
    7. Other matters as specified by the department; and
    8. A plan of action for proper usage of the AED;
  2. Adhere to the written plan required by subdivision (1);
  3. Ensure that before using the AED, expected users receive appropriate training approved by the department in cardiopulmonary resuscitation and the proper use of an AED;
  4. Maintain, test, and operate the AED according to the manufacturer's guidelines and maintain written records of all maintenance and testing performed on the AED;
  5. Each time an AED is used for an individual in cardiac arrest, require that an emergency medical service is summoned to provide assistance as soon as possible and that the AED use is reported to the supervising physician or the person designated by the physician and to the department as required by the written plan; and
  6. Before allowing any use of an AED, provide to the emergency communications district or the primary provider of emergency medical services where the defibrillator is located:
    1. A copy of the plan prepared pursuant to this section; and
    2. Written notice, in a format prescribed by department rules, stating:
      1. That an AED program is established by the entity;
      2. Where the AED is located; and
      3. How the use of the AED is to be coordinated with the local emergency medical service system.

TN Code § 68-140-403

In order to ensure public health and safety:

  1. A person or entity that acquires an automated external defibrillator (AED) shall ensure that:
    1. Expected defibrillator users receive American Heart Association CPR and AED or an equivalent nationally recognized course in defibrillator use and cardiopulmonary resuscitation;
    2. The defibrillator is maintained and tested according to the manufacturer's operational guidelines; and
    3. Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED activates the emergency medical services system as soon as possible.
  2. Any person or entity that acquires an AED shall, within a reasonable time after the placement of an AED, register the existence and location of the defibrillator with the emergency communications district or the ambulance dispatch center of the primary provider of emergency medical services where the AED is to be located.

TN Code § 68-140-402

As used in this part, unless the context otherwise requires:

  1. "AED" or "defibrillator" means an automated external defibrillator; and
  2. "Automated external defibrillator (AED)" means a medical device heart monitor and defibrillator that:
    1. Has received approval of its premarket notification, filed pursuant to 21 U.S.C. § 360(R), from the United States food and drug administration;
    2. 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
    3. Upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.

TN Code § 68-140-401

It is the intent of the general assembly that an automated external defibrillator (AED) may be used in accordance with § 68-140-403 for the purpose of saving the life of another person in cardiac arrest.

TN Code § 68-140-408

For purposes of §§ 68-140-402 and 68-140-404 -- 68-140-409, expected AED users shall complete training and demonstrate competence in CPR and the use of an AED through a course of instruction approved by the Tennessee emergency medical services board.

TN Code § 49-2-122

Placement of automated external defibrillator (AED) devices in schools

  1. LEAs are encouraged, within existing budgetary limits, to place automated external defibrillator (AED) devices in schools.
  2. Any school that receives an AED shall comply with all provisions of title Code Sec. t68″>68, chapter 140, part 7 relative to training, establishment of a written plan that complies with § 68-140-704, notification and other requirements. Any LEA that places AEDs in schools shall comply with § 68-140-704 as to the maintenance and testing of the AEDs to ensure that the devices are in optimal operating condition.
  3. Each placement of an AED shall be supervised and endorsed by a physician with an unrestricted license to practice medicine or osteopathy in this state. AEDs shall be placed in locations that are accessible during emergency situations. AEDs shall not be placed in an office that is not accessible to any person who might need to use the AED or in any location that is locked during times that students, parents or school employees are present at school or school events.
  4. AEDs placed in schools shall be registered with local emergency medical services providers as required by §§ 68-140-703(2) and 68-140-704(6).
  5. LEAs and schools responsible for an AED program pursuant to § 68-140-704(1) shall not be liable for any civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if the applicable provisions and program established under § 68-140-704 and the rules adopted by the department pursuant to § 68-140-705 have been met by the LEA and school and have been followed by the individuals using the AED.
  6. A teacher, school employee or other person employed by the LEA responsible for an AED program pursuant to § 68-140-704(1) shall not be liable for any civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if the applicable provisions and program established under § 68-140-704 and the rules adopted by the department pursuant to § 68-140-705 have been met by the LEA and school and have been followed by the individuals using the AED.
  7. Misuse or abuse of any AED device on school property by a student is disorderly conduct and the student shall be subject to disciplinary action.

Here you will find all of Texas' statues and laws concering AEDs and defibrillators

Texas Statutes and Codes § 74.151

  1. A person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is willfully or wantonly negligent, including a person who:
    1. administers emergency care using an automated external defibrillator; or
    2. administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.095, Government Code.
  2. This section does not apply to care administered:
    1. for or in expectation of remuneration, provided that being legally entitled to receive remuneration for the emergency care rendered shall not determine whether or not the care was administered for or in anticipation of remuneration; or
    2. by a person who was at the scene of the emergency because he or a person he represents as an agent was soliciting business or seeking to perform a service for remuneration.
  3. Deleted by Acts 2003, 78th Leg., ch. 204, § 10.01.
  4. Deleted by Acts 2003, 78th Leg., ch. 204, § 10.01.
  5. This section does not apply to a person whose negligent act or omission was a producing cause of the emergency for which care is being administered.

Texas Statutes and Codes § 779.002

  1. A person or entity that acquires an automated external defibrillator shall ensure that:
    1. each user of the automated external defibrillator receives training given or approved by the Texas Department of Health in:
      1. cardiopulmonary resuscitation; and
      2. use of the automated external defibrillator; and
      3. a licensed physician is involved in the training program to ensure compliance with the requirements of this chapter.
  2. The Texas Department of Health shall adopt rules establishing the minimum requirements for the training required by this section. In adopting rules under this section, the Texas Department of Health shall consider the guidelines for automated external defibrillator training approved by the American Heart Association, the American Red Cross, or another nationally recognized association.

Texas Statutes and Codes § 779.003

A person or entity that owns or leases an automated external defibrillator shall maintain and test the automated external defibrillator according to the manufacturer's guidelines.

Texas Statutes and Codes § 779.004

A person or entity that provides emergency care to a person in cardiac arrest by using an automated external defibrillator shall promptly notify the local emergency medical services provider.

Texas Statutes and Codes § 779.005

When a person or entity acquires an automated external defibrillator, the person or entity shall notify the local emergency medical services provider of the existence, location, and type of automated external defibrillator.

Texas Statutes and Codes § 779.006

The prescribing physician who authorizes the acquisition of an automated external defibrillator in accordance with this chapter, a person or entity that provides approved training in the use of an automated external defibrillator in accordance with this chapter, and the person or entity that acquires the automated external defibrillator and meets the requirements of this chapter are not liable for civil damages for such prescription, training, or acquisition unless the conduct is willfully or wantonly negligent. Any person or entity that acquires an automated external defibrillator and negligently fails to comply with the requirements of this chapter is liable for civil damages caused by such negligence.

Texas Statutes and Codes § 779.007

Each person or entity, other than a licensed practitioner, that acquires an automated external defibrillator that has not been approved by the United States Food and Drug Administration for over-the-counter sale shall ensure that:

  1. the automated external defibrillator has been delivered to that person or entity by a licensed practitioner in the course of his professional practice or upon a prescription or other order lawfully issued in the course of his professional practice; or
  2. if the automated external defibrillator is acquired for the purpose of sale or lease, the person or entity shall be in conformance with the applicable requirements found in Section 483.041, Health and Safety Code.

Texas Education Code § 38.017

  1. Each school district shall make available at each campus in the district at least one automated external defibrillator, as defined by Section 779.001, Health and Safety Code. A campus defibrillator must be readily available during any University Interscholastic League athletic competition held on the campus. In determining the location at which to store a campus defibrillator, the principal of the campus shall consider the primary location on campus where students engage in athletic activities.
  2. To the extent practicable, each school district, in cooperation with the University Interscholastic League, shall make reasonable efforts to ensure that an automated external defibrillator is available at each University Interscholastic League athletic practice held at a district campus. If a school district is not able to make an automated external defibrillator available in the manner provided by this subsection, the district shall determine the extent to which an automated external defibrillator must be available at each University Interscholastic League athletic practice held at a district campus. The determination must be based, in addition to any other appropriate considerations, on relevant medical information.
  3. Each school district, in cooperation with the University Interscholastic League, shall determine the extent to which an automated external defibrillator must be available at each University Interscholastic League athletic competition held at a location other than a district campus. The determination must be based, in addition to any other appropriate considerations, on relevant medical information and whether emergency services personnel are present at the athletic competition under a contract with the school district.
  4. Each school district shall ensure the presence at each location at which an automated external defibrillator is required under Subsection (a), (b), or (c) of at least one campus or district employee trained in the proper use of the defibrillator at any time a substantial number of district students are present at the location.
  5. A school district shall ensure that an automated external defibrillator is used and maintained in accordance with standards established under Chapter 779, Health and Safety Code.
  6. This section does not:
    1. waive any immunity from liability of a school district or its officers or employees;
    2. create any liability for or a cause of action against a school district or its officers or employees; or
    3. waive any immunity from liability under Section 74.151, Civil Practice and Remedies Code.
  7. This subsection applies only to a private school that receives an automated external defibrillator from the agency or receives funding from the agency to purchase or lease an automated external defibrillator. A private school shall:
    1. make available at the school at least one automated external defibrillator; and
    2. in coordination with the Texas Association of Private and Parochial Schools, adopt a policy concerning the availability of an automated external defibrillator at athletic competitions and practices in a manner consistent with the requirements prescribed by this section, including the training and maintenance requirements prescribed by this section.
  8. A school district may seek and accept gifts, grants, or other donations to pay the district's cost of purchasing automated external defibrillators required under this section.

Texas Education Code § 38.018

  1. Each school district and private school shall develop safety procedures for a district or school employee or student to follow in responding to a medical emergency involving cardiac arrest, including the appropriate response time in administering cardiopulmonary resuscitation, using an automated external defibrillator, as defined by Section 779.001, Health and Safety Code, or calling a local emergency medical services provider.
  2. A private school is required to develop safety procedures under this section only if the school receives an automated external defibrillator from the agency or receives funding from the agency to purchase or lease an automated external defibrillator.

SECTION 1. This Act may be cited as the Edmund Kuempel Act.

Section 28.0023, Education Code, (effective Sept 1, 2013

  1. In this section, "automated external defibrillator" has the meaning assigned by Section 779.001, Health and Safety Code.
  2. The State Board of Education by rule shall require instruction in cardiopulmonary resuscitation for students in grades 7 through 12.
  3. A school district or open-enrollment charter school shall provide instruction to students in grades 7 through 12 in cardiopulmonary resuscitation in a manner consistent with the requirements of this section and State Board of Education rules adopted under this section. The instruction may be provided as a part of any course. A student shall receive the instruction at least once before graduation.
  4. A school administrator may waive the curriculum requirement under this section for an eligible student who has a disability.
  5. Cardiopulmonary resuscitation instruction must include training that has been developed:
    1. by the American Heart Association or the American Red Cross; or
    2. using nationally recognized, evidence-based guidelines for emergency cardiovascular care and incorporating psychomotor skills to support the instruction.
  6. For purposes of Subsection (e), "psychomotor skills" means hands-on practice to support cognitive learning. The term does not include cognitive-only instruction and training.
  7. A school district or open-enrollment charter school may use emergency medical technicians, paramedics, police officers, firefighters, representatives of the American Heart Association or the American Red Cross, teachers, other school employees, or other similarly qualified individuals to provide instruction and training under this section. Instruction provided under this section is not required to result in certification in cardiopulmonary resuscitation. If instruction is intended to result in certification in cardiopulmonary resuscitation, the course instructor must be authorized to provide the instruction by the American Heart Association, the American Red Cross, or a similar nationally recognized association.

SECTION 3. Section 28.0023(a), Education Code, is repealed.

SECTION 4. This Act applies beginning with the 2014-2015 school year.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

You will find laws of Utah concerning AEDs and defibrillators below

UT Code § 26-8b-202

Immunity.

  1. Except as provided in Subsection (3), the following persons are not subject to civil liability for any act or omission relating to preparing to care for, responding to care for, or providing care to, another person who reasonably appears to be in sudden cardiac arrest:
    1. a person authorized, under Section 26-8b-201, to administer CPR, who:
      1. gratuitously and in good faith attempts to administer or administers CPR to another person; or
      2. fails to administer CPR to another person;
    2. a person authorized, under Section 26-8b-201, to use an AED who:
      1. gratuitously and in good faith attempts to use or uses an AED; or
      2. fails to use an AED;
    3. a person that teaches or provides a training course in administering CPR or using an AED;
    4. a person that acquires an AED;
    5. a person that owns, manages, or is otherwise responsible for the premises or conveyance where an AED is located;
    6. a person who retrieves an AED in response to a perceived or potential sudden cardiac arrest;
    7. a person that authorizes, directs, or supervises the installation or provision of an AED;
    8. a person involved with, or responsible for, the design, management, or operation of a CPR or AED program;
    9. a person involved with, or responsible for, reporting, receiving, recording, updating, giving, or distributing information relating to the ownership or location of an AED under Part 3, Automatic External Defibrillator Databases; or
    10. a physician who gratuitously and in good faith:
      1. provides medical oversight for a public AED program; or
      2. issues a prescription for a person to acquire or use an AED.
  2. This section does not relieve a manufacturer, designer, developer, marketer, or commercial distributor of an AED, or an accessory for an AED, of any liability.
  3. The liability protection described in Subsection (1) does not apply to an act or omission that constitutes gross negligence or willful misconduct.

UT Code § 26-8a-601

Persons and activities exempt from civil liability.

    1. Except as provided in Subsection (1)(b), a licensed physician, physician's assistant, or licensed registered nurse who, gratuitously and in good faith, gives oral or written instructions to any of the following is not liable for any civil damages as a result of issuing the instructions:
      1. an individual licensed under Section 26-8a-302;
      2. a person who uses a fully automated external defibrillator, as defined in Section 26-8b-102; or
      3. a person who administers CPR, as defined in Section 26-8b-102.
    2. The liability protection described in Subsection (1)(a) does not apply if the instructions given were the result of gross negligence or willful misconduct.
  1. An individual licensed under Section 26-8a-302, during either training or after licensure, a licensed physician, a physician's assistant, or a registered nurse who, gratuitously and in good faith, provides emergency medical instructions or renders emergency medical care authorized by this chapter is not liable for any civil damages as a result of any act or omission in providing the emergency medical instructions or medical care, unless the act or omission is the result of gross negligence or willful misconduct.
  2. An individual licensed under Section 26-8a-302 is not subject to civil liability for failure to obtain consent in rendering emergency medical services authorized by this chapter to any individual who is unable to give his consent, regardless of the individual's age, where there is no other person present legally authorized to consent to emergency medical care, provided that the licensed individual acted in good faith.
  3. A principal, agent, contractor, employee, or representative of an agency, organization, institution, corporation, or entity of state or local government that sponsors, authorizes, supports, finances, or supervises any functions of an individual licensed under Section 26-8a-302 is not liable for any civil damages for any act or omission in connection with such sponsorship, authorization, support, finance, or supervision of the licensed individual where the act or omission occurs in connection with the licensed individual's training or occurs outside a hospital where the life of a patient is in immediate danger, unless the act or omission is inconsistent with the training of the licensed individual, and unless the act or omission is the result of gross negligence or willful misconduct.
  4. A physician who gratuitously and in good faith arranges for, requests, recommends, or initiates the transfer of a patient from a hospital to a critical care unit in another hospital is not liable for any civil damages as a result of such transfer where:
    1. sound medical judgment indicates that the patient's medical condition is beyond the care capability of the transferring hospital or the medical community in which that hospital is located; and
    2. the physician has secured an agreement from the receiving facility to accept and render necessary treatment to the patient.
  5. A person who is a registered member of the National Ski Patrol System (NSPS) or a member of a ski patrol who has completed a course in winter emergency care offered by the NSPS combined with CPR for medical technicians offered by the American Red Cross or American Heart Association, or an equivalent course of instruction, and who in good faith renders emergency care in the course of ski patrol duties is not liable for civil damages as a result of any act or omission in rendering the emergency care, unless the act or omission is the result of gross negligence or willful misconduct.
  6. An emergency medical service provider who, in good faith, transports an individual against his will but at the direction of a law enforcement officer pursuant to Section 62A-15-629 is not liable for civil damages for transporting the individual.

UT Code § 26-8b-102

Definitions.

As used in this chapter:

  1. "Account" means the Automatic External Defibrillator Restricted Account, created in Section 26-8b-602.
  2. "Automatic external defibrillator" or "AED" means an automated or automatic computerized medical device that:
    1. has received pre-market notification approval from the United States Food and Drug Administration, pursuant to 21 U.S.C. Sec. 360(k);
    2. is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;
    3. is capable of determining, without intervention by an operator, whether defibrillation should be performed; and
    4. upon determining that defibrillation should be performed, automatically charges, enabling delivery of, or automatically delivers, an electrical impulse through the chest wall and to a person's heart.
  3. "Bureau" means the Bureau of Emergency Medical Services, within the department.
  4. "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external chest compression applied to a person who is unresponsive and not breathing.
  5. "Emergency medical dispatch center" means a public safety answering point, as defined in Section 63H-7a-103, that is designated as an emergency medical dispatch center by the bureau.
  6. "Sudden cardiac arrest" means a life-threatening condition that results when a person's heart stops or fails to produce a pulse.

UT SB 192

Automatic External Defibrillator Restricted Account.

    1. There is created a restricted account within the General Fund known as the Automatic External Defibrillator Restricted Account to provide AEDs to entities under Subsection (4).
    2. The director of the bureau shall administer the account in accordance with rules made by the bureau in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
  1. The restricted account shall consist of money appropriated to the account by the Legislature.
  2. The director of the bureau shall distribute funds deposited in the account to eligible entities, under Subsection (4), for the purpose of purchasing:
    1. an AED;
    2. an AED carrying case;
    3. a wall-mounted AED cabinet; or
    4. an AED sign.
  3. Upon appropriation, the director of the bureau shall distribute funds deposited in the account, for the purpose of purchasing items under Subsection (3), to:
    1. a municipal department of safety that routinely responds to incidents, or potential incidents, of sudden cardiac arrest;
    2. a municipal or county law enforcement agency that routinely responds to incidents, or potential incidents, of sudden cardiac arrest;
    3. a state law enforcement agency that routinely responds to incidents, or potential incidents, of sudden cardiac arrest;
    4. a school that offers instruction to grades kindergarten through 6;
    5. a school that offers instruction to grades 7 through 12; or
    6. a state institution of higher education.
  4. The director of the bureau shall distribute funds under this section to a municipality only if the municipality provides a match in funding for the total cost of items under Subsection (3):
    1. of 50% for the municipality, if the municipality is a city of first, second, or third class under Section 10-2-301 ; or
    2. of 75% for the municipality, other than a municipality described in Subsection (5)(a).
  5. The director of the bureau shall distribute funds under this section to a county only if the county provides a match in funding for the total cost of items under Subsection (3):
    1. of 50% for the county, if the county is a county of first, second, or third class under Section 17-50-501 ; or
    2. of 75% for the county, other than a county described in Subsection (6)(a).
  6. In accordance with rules made by the bureau, an entity described in Subsection (4) may apply to the director of the bureau to receive a distribution of funds from the account by filing an application with the bureau on or before October 1 of each year.

UT Code § 26-8b-402

AEDs for demonstration purposes.

  1. Any AED used solely for demonstration or training purposes, which is not operational for emergency use is, except for the provisions of this section, exempt from the provisions of this chapter.
  2. The owner of an AED described in Subsection (1) shall clearly mark on the exterior of the AED that the AED is for demonstration or training use only.

UT Code § 26-8b-303

Duties of emergency medical dispatch centers.

An emergency medical dispatch center shall:

  1. implement a system to receive and manage the information reported to the emergency medical dispatch center under Section 26-8b-301;
  2. record in the system described in Subsection (1), all information received under Section 26-8b-301 within 14 days after the day on which the information is received;
  3. inform a person who calls to report a potential incident of sudden cardiac arrest of the location of an AED located at the address of the potential sudden cardiac arrest;
  4. provide verbal instructions to a person described in Subsection (3) to:
    1. help a person determine if a patient is in cardiac arrest; and
    2. if needed:
      1. provide direction to start CPR;
      2. offer instructions on how to perform CPR; or
      3. offer instructions on how to use an AED, if one is available; and
  5. provide the information contained in the system described in Subsection (1), upon request, to the bureau.

UT Code § 26-8b-301

Reporting location of automatic external defibrillators.

  1. In accordance with Subsection (2) and except as provided in Subsection (3):
    1. a person who owns or leases an AED shall report the person's name, address, and telephone number, and the exact location of the AED, in writing or by a web-based AED registration form, if available, to the emergency medical dispatch center that provides emergency dispatch services for the location where the AED is installed, if the person:
      1. installs the AED;
      2. causes the AED to be installed; or
      3. allows the AED to be installed; and
    2. a person who owns or leases an AED that is removed from a location where it is installed shall report the person's name, address, and telephone number, and the exact location from which the AED is removed, in writing or by a web-based AED registration form, if available, to the emergency medical dispatch center that provides emergency dispatch services for the location from which the AED is removed, if the person:
      1. removes the AED;
      2. causes the AED to be removed; or
      3. allows the AED to be removed.
  2. A report required under Subsection (1) shall be made within 14 days after the day on which the AED is installed or removed.
  3. Subsection (1) does not apply to an AED:
    1. at a private residence; or
    2. in a vehicle or other mobile or temporary location.
  4. A person who owns or leases an AED that is installed in, or removed from, a private residence may voluntarily report the location of, or removal of, the AED to the emergency medical dispatch center that provides emergency dispatch services for the location where the private residence is located.
  5. The department may not impose a penalty on a person for failing to comply with the requirements of this section.

UT Code § 26-8b-501

Tampering with an AED prohibited -- Penalties.

A person is guilty of a class C misdemeanor if the person removes, tampers with, or otherwise disturbs an AED, AED cabinet or enclosure, or AED sign, unless:

  1. the person is authorized by the AED owner for the purpose of:
    1. inspecting the AED or AED cabinet or enclosure; or
    2. performing maintenance or repairs on the AED, the AED cabinet or enclosure, a wall or structure that the AED cabinet or enclosure is directly attached to, or an AED sign;
  2. the person is responding to, or providing care to, a potential sudden cardiac arrest patient; or
  3. the person acts in good faith with the intent to support, and not to violate, the recognized purposes of the AED.

UT HB 31

26-8a-209. Fully automated external defibrillator statewide database.

  1. Except as provided in Subsection (4), the department shall establish and maintain a statewide database containing the following information:
    1. the name of the owner of a fully automated external defibrillator; and
    2. the precise location of the fully automated external defibrillator, including the address and the place in which the defibrillator is stored.
  2. Except as provided in Subsection (4):
    1. the department shall give the information from the database to emergency medical service dispatch centers in the state[.]; and
    2. emergency medical dispatch centers in the state may disclose the nearest location of a fully automated external defibrillator to a person calling the dispatch center in the event of a medical emergency and to first responders in an emergency.
  3. Except as provided in Subsection (4):
    1. a commercial owner of a fully automated external defibrillator shall register the ownership and precise location of the defibrillator with the department within 30 days of acquisition of the defibrillator[.];
    2. an owner of a fully automated external defibrillator purchased for use in a private residence may register the ownership and precise location of the defibrillator with the department[.]; and
    3. the department may not impose penalties on a manufacturer or an owner of a fully automated external defibrillator for failing to comply with the requirements of this section.
  4. Beginning on September 1, 2009:
    1. the provisions of this section are no longer in effect; and
    2. the provisions of Title 26, Chapter 8b, Utah Sudden Cardiac Arrest Survival Act, supercede the provisions of this section.
  5. On or before August 1, 2009, the department shall provide to each emergency medical dispatch center, as defined in Section 26-8b-102, all information contained in the statewide database that pertains to the area for which the emergency medical dispatch center provides emergency dispatch services.
  6. Beginning on the date that the department provides the information required under Subsection (5), and continuing on a weekly basis until September 1, 2009, the department shall provide any additional information that it receives for the statewide database to the emergency medical dispatch centers described in Subsection (5).

26-8a-301. General requirement.

  1. Except as provided in Section 26-8a-308 or 26-8b-201:
    1. an individual may not provide emergency medical services without a certificate issued under Section 26-8a-302;
    2. a facility or provider may not hold itself out as a designated emergency medical service provider without a designation issued under Section 26-8a-303;
    3. a vehicle may not operate as an ambulance or emergency response vehicle without a permit issued under Section 26-8a-304; and
    4. an entity may not respond as an ambulance or paramedic provider without the appropriate license issued under Part 4, Ambulance and Paramedic Providers.
  2. Section 26-8a-502 applies to violations of this section.

26-8a-308. Exemptions.

  1. The following persons may provide emergency medical services to a patient without being certified or licensed under this chapter:
    1. out-of-state emergency medical service personnel and providers in time of disaster;
    2. an individual who gratuitously acts as a Good Samaritan;
    3. a family member;
    4. a private business if emergency medical services are provided only to employees at the place of business and during transport;
    5. an agency of the United States government if compliance with this chapter would be inconsistent with federal law; and
    6. police, fire, and other public service personnel if:
      1. emergency medical services are rendered in the normal course of the person's duties; and
      2. medical control, after being apprised of the circumstances, directs immediate transport.
  2. An ambulance or emergency response vehicle may operate without a permit issued under Section 26-8a-304 in time of disaster.
  3. Nothing in this chapter or Title 58, Occupations and Professions, may be construed as requiring a license or certificate for an individual to administer cardiopulmonary resuscitation or to use a fully automated external defibrillator under Section 26-8b-201.
  4. Nothing in this chapter may be construed as requiring a license, permit, designation, or certificate for an acute care hospital, medical clinic, physician's office, or other fixed medical facility that:
    1. is staffed by a physician, physician's assistant, nurse practitioner, or registered nurse; and
    2. treats an individual who has presented himself or was transported to the hospital, clinic, office, or facility.

26-8a-502. Illegal activity.

  1. Except as provided in Section 26-8a-308 or 26-8b-201, a person may not:
    1. practice or engage in the practice, represent himself to be practicing or engaging in the practice, or attempt to practice or engage in the practice of any activity that requires a license, certification, or designation under this chapter unless that person is so licensed, certified, or designated; or
    2. offer an emergency medical service that requires a license, certificate, or designation unless the person is so licensed, certified, or designated.
  2. A person may not advertise or hold himself out as one holding a license, certification, or designation required under this chapter, unless that person holds the license, certification, or designation.
  3. A person may not employ or permit any employee to perform any service for which a license or certificate is required by this chapter, unless the person performing the service possesses the required license or certificate.
  4. A person may not wear, display, sell, reproduce, or otherwise use any Utah Emergency Medical Services insignia without authorization from the department.
  5. A person may not reproduce or otherwise use materials developed by the department for certification or recertification testing or examination without authorization from the department.
  6. A person may not willfully summon an ambulance or emergency response vehicle or report that one is needed when such person knows that the ambulance or emergency response vehicle is not needed
  7. A person who violates this section is subject to Section 26-23-6.

26-8a-601. Persons and activities exempt from civil liability.

    1. Except as provided in Subsection (1)(b), a licensed physician, physician's assistant, or licensed registered nurse who, gratuitously and in good faith, gives oral or written instructions to any of the following is not liable for any civil damages as a result of issuing the instructions:
      1. an individual certified under Section 26-8a-302;
      2. a person who uses a fully automated external defibrillator as defined in Section 26-8b-102; or
      3. a person who administers CPR, as defined in Section 26-8b-102.
    2. The liability protection described in Subsection (1)(a) does not apply if the instructions given were the result of gross negligence or willful misconduct.
  1. An individual certified under Section 26-8a-302, during either training or after certification, a licensed physician, physician's assistant, or a registered nurse who, gratuitously and in good faith, provides emergency medical instructions or renders emergency medical care authorized by this chapter is not liable for any civil damages as a result of any act or omission in providing the emergency medical instructions or medical care, unless the act or omission is the result of gross negligence or willful misconduct.
  2. An individual certified under Section 26-8a-302 is not subject to civil liability for failure to obtain consent in rendering emergency medical services authorized by this chapter to any individual who is unable to give his consent, regardless of the individual's age, where there is no other person present legally authorized to consent to emergency medical care, provided that the certified individual acted in good faith.
  3. A principal, agent, contractor, employee, or representative of an agency, organization, institution, corporation, or entity of state or local government that sponsors, authorizes, supports, finances, or supervises any functions of an individual certified under Section 26-8a-302 is not liable for any civil damages for any act or omission in connection with such sponsorship, authorization, support, finance, or supervision of the certified individual where the act or omission occurs in connection with the certified individual's training or occurs outside a hospital where the life of a patient is in immediate danger, unless the act or omission is inconsistent with the training of the certified individual, and unless the act or omission is the result of gross negligence or willful misconduct.
  4. A physician who gratuitously and in good faith arranges for, requests, recommends, or initiates the transfer of a patient from a hospital to a critical care unit in another hospital is not liable for any civil damages as a result of such transfer where:
    1. sound medical judgment indicates that the patient's medical condition is beyond the care capability of the transferring hospital or the medical community in which that hospital is located; and
    2. the physician has secured an agreement from the receiving facility to accept and render necessary treatment to the patient.
  5. A person who is a registered member of the National Ski Patrol System (NSPS) or a member of a ski patrol who has completed a course in winter emergency care offered by the NSPS combined with CPR for medical technicians offered by the American Red Cross or American Heart Association, or an equivalent course of instruction, and who in good faith renders emergency care in the course of ski patrol duties is not liable for civil damages as a result of any act or omission in rendering the emergency care, unless the act or omission is the result of gross negligence or willful misconduct.
  6. An emergency medical service provider who, in good faith, transports an individual against his will but at the direction of a law enforcement officer pursuant to Section 62A-15-629 is not liable for civil damages for transporting the individual.

Here you will find all of Vermont's statutes and laws concering AEDs and defibrillators

Vermont Statutes § 907

Automated external defibrillators:

  1. As used in this section:
    1. "Automated external defibrillator (AED)" means a medical device approved by the United States Food and Drug Administration, that:
      1. is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;
      2. is capable of determining whether defibrillation should be performed on an individual;
      3. upon determination that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart; and
      4. then, upon action by an operator, delivers an appropriate electrical impulse to the patient's heart to perform defibrillation.
  2. [Deleted]
  3. Any person who owns or leases an AED shall:
    1. notify the department and the person's regional ambulance service or first responder service of the existence, location, and type of device the person possesses; and
    2. maintain and test the device in accordance with the applicable standards of the manufacturer.
  4. Any person, other than a person defined as a health care provider by section 9432(8) of this title or as emergency medical personnel by subdivision 2651(6) of Title 24 acting in the normal course of his or her duties as a health care provider or as emergency medical personnel, who acts in good faith and who renders emergency care by the use of an AED, acquires an AED, owns a premises on which an AED is located, or provides a training course in the operation of an AED shall not be liable for civil damages for that person's acts or omissions with respect to such use, ownership, or training in the operation of an AED unless those acts or omissions were grossly negligent or willful and wanton.
  5. This subsection shall not relieve an AED manufacturer, designer, developer, distributor, installer, or supplier of any liability under any applicable statute or rule of law.
  6. This section shall not be construed to create a duty to act under section 519 of Title 12 for any person.

An act relating to requiring cardiovascular care instruction in public and independent schools:

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1 16 V.S. A.§ 131. DEFINITIONS

For the purpose of this subchapter, “comprehensive health education” means a systematic and extensive elementary and secondary educational program designed to provide a variety of learning experiences based upon knowledge of the human organism as it functions within its environment. The term includes the study of:

Safety including:

  1. first aid, disaster prevention, and accident prevention; and
  2. information regarding and practice of compression-only cardiopulmonary resuscitation and the use of automated external defibrillators;

Sec. 2 16 V.S.A. § 212 COMMISSIONER’S DUTIES GENERALLY

The commissioner shall execute those policies adopted by the state board in the legal exercise of its powers and shall:

  1. Annually inform superintendents and principals of regional resources available to assist schools to provide instruction in cardiopulmonary resuscitation and the use of automated eternal defibrillators and provide updated information to the education community regarding the provisions of a comprehensive health education.

You will find laws of Virginia concering AEDs and defibrillators below.

VA Code § 8.01-225

Personsrendering emergency care, obstetrical services exempt from liability.

  1. Any person who:
    1. In good faith, renders emergency care or assistance, without compensation,to any ill or injured person at the scene of an accident, fire, or anylife-threatening emergency, or en route therefrom to any hospital, medicalclinic or doctor's office, shall not be liable for any civil damages for actsor omissions resulting from the rendering of such care or assistance.
    2. In the absence of gross negligence, renders emergency obstetrical care orassistance to a female in active labor who has not previously been cared forin connection with the pregnancy by such person or by another professionallyassociated with such person and whose medical records are not reasonablyavailable to such person shall not be liable for any civil damages for actsor omissions resulting from the rendering of such emergency care orassistance. The immunity herein granted shall apply only to the emergencymedical care provided.
    3. In good faith and without compensation, including any emergency medicalservices technician certified by the Board of Health, administers epinephrinein an emergency to an individual shall not be liable for any civil damagesfor ordinary negligence in acts or omissions resulting from the rendering ofsuch treatment if such person has reason to believe that the individualreceiving the injection is suffering or is about to suffer a life-threateninganaphylactic reaction.
    4. Provides assistance upon request of any police agency, fire department,rescue or emergency squad, or any governmental agency in the event of anaccident or other emergency involving the use, handling, transportation,transmission or storage of liquefied petroleum gas, liquefied natural gas,hazardous material or hazardous waste as defined in 18.2-278.1 orregulations of the Virginia Waste Management Board shall not be liable forany civil damages resulting from any act of commission or omission on hispart in the course of his rendering such assistance in good faith.
    5. Is an emergency medical care attendant or technician possessing a validcertificate issued by authority of the State Board of Health who in goodfaith renders emergency care or assistance whether in person or by telephoneor other means of communication, without compensation, to any injured or illperson, whether at the scene of an accident, fire or any other place, orwhile transporting such injured or ill person to, from or between anyhospital, medical facility, medical clinic, doctor's office or other similaror related medical facility, shall not be liable for any civil damages foracts or omissions resulting from the rendering of such emergency care,treatment or assistance, including but in no way limited to acts or omissionswhich involve violations of State Department of Health regulations or anyother state regulations in the rendering of such emergency care or assistance.
    6. In good faith and without compensation, renders or administers emergencycardiopulmonary resuscitation, cardiac defibrillation, including, but notlimited to, the use of an automated external defibrillator, or otheremergency life-sustaining or resuscitative treatments or procedures whichhave been approved by the State Board of Health to any sick or injuredperson, whether at the scene of a fire, an accident or any other place, orwhile transporting such person to or from any hospital, clinic, doctor'soffice or other medical facility, shall be deemed qualified to administersuch emergency treatments and procedures and shall not be liable for acts oromissions resulting from the rendering of such emergency resuscitativetreatments or procedures.
    7. Operates an automated external defibrillator at the scene of an emergency,trains individuals to be operators of automated external defibrillators, ororders automated external defibrillators, shall be immune from civilliability for any personal injury that results from any act or omission inthe use of an automated external defibrillator in an emergency where theperson performing the defibrillation acts as an ordinary, reasonably prudentperson would have acted under the same or similar circumstances, unless suchpersonal injury results from gross negligence or willful or wanton misconductof the person rendering such emergency care.
    8. Is a volunteer in good standing and certified to render emergency care bythe National Ski Patrol System, Inc., who, in good faith and withoutcompensation, renders emergency care or assistance to any injured or illperson, whether at the scene of a ski resort rescue, outdoor emergency rescueor any other place or while transporting such injured or ill person to aplace accessible for transfer to any available emergency medical system unit,or any resort owner voluntarily providing a ski patroller employed by him toengage in rescue or recovery work at a resort not owned or operated by him,shall not be liable for any civil damages for acts or omissions resultingfrom the rendering of such emergency care, treatment or assistance, includingbut not limited to acts or omissions which involve violations of any stateregulation or any standard of the National Ski Patrol System, Inc., in therendering of such emergency care or assistance, unless such act or omissionwas the result of gross negligence or willful misconduct.
    9. Is an employee of a school board, authorized by a prescriber and trainedin the administration of insulin and glucagon, who, upon the written requestof the parents as defined in 22.1-1, assists with the administration ofinsulin or administers glucagon to a student diagnosed as having diabetes whorequires insulin injections during the school day or for whom glucagon hasbeen prescribed for the emergency treatment of hypoglycemia shall not beliable for any civil damages for ordinary negligence in acts or omissionsresulting from the rendering of such treatment if the insulin is administeredaccording to the child's medication schedule or such employee has reason tobelieve that the individual receiving the glucagon is suffering or is aboutto suffer life-threatening hypoglycemia. Whenever any employee of a schoolboard is covered by the immunity granted herein, the school board employinghim shall not be liable for any civil damages for ordinary negligence in actsor omissions resulting from the rendering of such insulin or glucagontreatment.
  2. Any licensed physician serving without compensation as the operationalmedical director for a licensed emergency medical services agency in thisCommonwealth shall not be liable for any civil damages for any act oromission resulting from the rendering of emergency medical services in goodfaith by the personnel of such licensed agency unless such act or omissionwas the result of such physician's gross negligence or willful misconduct.
    1. Any person serving without compensation as a dispatcher for any licensedpublic or nonprofit emergency services agency in this Commonwealth shall notbe liable for any civil damages for any act or omission resulting from therendering of emergency services in good faith by the personnel of suchlicensed agency unless such act or omission was the result of suchdispatcher's gross negligence or willful misconduct.
    2. Any individual, certified by the State Office of Emergency Medical Servicesas an emergency medical services instructor and pursuant to a writtenagreement with such office, who, in good faith and in the performance of hisduties, provides instruction to persons for certification or recertificationas a certified basic life support or advanced life support emergency medicalservices technician shall not be liable for any civil damages for acts oromissions on his part directly relating to his activities on behalf of suchoffice unless such act or omission was the result of such emergency medicalservices instructor's gross negligence or willful misconduct.
    3. Any licensed physician serving without compensation as a medical advisor toan E-911 system in this Commonwealth shall not be liable for any civildamages for any act or omission resulting from rendering medical advice ingood faith to establish protocols to be used by the personnel of the E-911service, as defined in 58.1-3813.1, when answering emergency calls unlesssuch act or omission was the result of such physician's gross negligence orwillful misconduct.
    4. Any licensed physician who directs the provision of emergency medicalservices, as authorized by the State Board of Health, through acommunications device shall not be liable for any civil damages for any actor omission resulting from the rendering of such emergency medical servicesunless such act or omission was the result of such physician's grossnegligence or willful misconduct.
    5. Any licensed physician serving without compensation as a supervisor of anautomated external defibrillator in this Commonwealth shall not be liable forany civil damages for any act or omission resulting from rendering medicaladvice in good faith to the owner of the automated external defibrillatorrelating to personnel training, local emergency medical servicescoordination, protocol approval, automated external defibrillator deploymentstrategies, and equipment maintenance plans and records unless such act oromission was the result of such physician's gross negligence or willfulmisconduct.
  3. Any provider of telecommunication service, as defined in 58.1-3812,including mobile service, in this Commonwealth shall not be liable for anycivil damages for any act or omission resulting from rendering such servicewith or without charge related to emergency calls unless such act or omissionwas the result of such service provider's gross negligence or willfulmisconduct.
    1. Any volunteer engaging in rescue or recovery work at a mine or any mineoperator voluntarily providing personnel to engage in rescue or recovery workat a mine not owned or operated by such operator, shall not be liable forcivil damages for acts or omissions resulting from the rendering of suchrescue or recovery work in good faith unless such act or omission was theresult of gross negligence or willful misconduct.
  4. Nothing contained in this section shall be construed to provide immunityfrom liability arising out of the operation of a motor vehicle.
  5. (Expires July 1, 2008)
    1. In the absence of gross negligence or willfulmisconduct, a health care provider shall not be liable in any civil actionresulting from
      1. injuries to any health care worker sustained in connectionwith administration of the vaccinia (smallpox) vaccine or other smallpoxcountermeasure, or
      2. any injuries to any other person sustained as aresult of such other person coming into contact, directly or indirectly, witha health care worker; provided the vaccinia (smallpox) vaccine or smallpoxcountermeasure was administered and monitored in accordance with therecommendations of the Centers for Disease Control and Prevention in effectat the time of the vaccinia (smallpox) vaccine or other smallpoxcountermeasure administration. Nothing in this subsection shall preclude aninjured health care worker, who is otherwise eligible for workers'compensation benefits pursuant to Title 65.2, from receipt of such benefits.
    2. In the absence of gross negligence or willful misconduct, a health careworker shall not be liable in any civil action for injuries to any otherperson sustained as a result of such other person coming into contact,directly or indirectly, with a health care worker, provided the vaccinia(smallpox) vaccine or smallpox countermeasure was administered and monitoredin accordance with the recommendations of the Centers for Disease Control andPrevention in effect at the time of the vaccinia (smallpox) vaccine or othersmallpox countermeasure administration.
    3. For the purposes of this subsection, "health care provider" means ahealth care provider participating in a smallpox preparedness program,pursuant to a declaration by the United States Department of Health and HumanServices ("HHS"), through which individuals associated with the health careprovider have received the vaccinia (smallpox) vaccine or other smallpoxcountermeasure defined by HHS from any hospital, clinic, state or localhealth department, or any other entity that is identified by state or localgovernment entities or the HHS to participate in a vaccination program.
    4. For the purposes of this subsection, "health care worker" means a healthcare worker to whom the vaccinia (smallpox) vaccine or other smallpoxcountermeasure has been administered as part of a smallpox preparednessprogram pursuant to a declaration by HHS. Such health care workers shallinclude but shall not be limited to:
      1. employees of a health care providerreferenced in subdivision 3,
      2. independent contractors with a health careprovider referenced in subdivision 3,
      3. persons who have practiceprivileges in a hospital,
      4. persons who have agreed to be on call in anemergency room,
      5. persons who otherwise regularly deliver prehospital careto patients admitted to a hospital, and
      6. first responders who, for thepurposes of this section, are defined as any law-enforcement officer,firefighter, emergency medical personnel, or other public safety personnelfunctioning in a role identified by a federal, state, or local emergencyresponse plan.
  6. For the purposes of this section, the term "compensation" shall not beconstrued to include (i) the salaries of police, fire or other publicofficials or personnel who render such emergency assistance, (ii) thesalaries or wages of employees of a coal producer engaging in emergencymedical technician service or first aid service pursuant to the provisions of 45.1-161.38, 45.1-161.101, 45.1-161.199 or 45.1-161.263, (iii)complimentary lift tickets, food, lodging or other gifts provided as agratuity to volunteer members of the National Ski Patrol System, Inc., by anyresort, group or agency, or (iv) the salary of any person who (a) owns anautomated external defibrillator for the use at the scene of an emergency,(b) trains individuals, in courses approved by the Board of Health, tooperate automated external defibrillators at the scene of emergencies, (c)orders automated external defibrillators for use at the scene of emergencies,or (d) operates an automated external defibrillator at the scene of anemergency.

    For the purposes of this section, an emergency medical care attendant ortechnician shall be deemed to include a person licensed or certified as suchor its equivalent by any other state when he is performing services which heis licensed or certified to perform by such other state in caring for apatient in transit in this Commonwealth, which care originated in such otherstate.

    Further, the public shall be urged to receive training on how to usecardiopulmonary resuscitation (CPR) and an automated external defibrillator(AED) in order to acquire the skills and confidence to respond to emergenciesusing both CPR and an AED.

W

You will find laws of Washington concerning AEDs and defibrillators below

WA Rev Code RCW 4.24.300

Immunity from liability for certain types of medical care.

  1. Any person, including but not limited to a volunteer provider of emergency or medical services, who without compensation or the expectation of compensation renders emergency care at the scene of an emergency or who participates in transporting, not for compensation, therefrom an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or willful or wanton misconduct. Any person rendering emergency care during the course of regular employment and receiving compensation or expecting to receive compensation for rendering such care is excluded from the protection of this subsection.
  2. Any licensed health care provider regulated by a disciplining authority under RCW 18.130.040 in the state of Washington who, without compensation or the expectation of compensation, provides health care services at a community health care setting is not liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
  3. For purposes of subsection (2) of this section, "community health care setting" means an entity that provides health care services and:
    1. Is a clinic operated by a public entity or private tax exempt corporation, except a clinic that is owned, operated, or controlled by a hospital licensed under chapter 70.41 RCW unless the hospital-based clinic either:
      1. Maintains and holds itself out to the public as having established hours on a regular basis for providing free health care services to members of the public to the extent that care is provided without compensation or expectation of compensation during those established hours; or
      2. Is participating, through a written agreement, in a community-based program to provide access to health care services for uninsured persons, to the extent that:
        1. Care is provided without compensation or expectation of compensation to individuals who have been referred for care through that community-based program; and
        2. The health care provider's participation in the community-based program is conditioned upon his or her agreement to provide health services without expectation of compensation;
    2. Is a for-profit corporation that maintains and holds itself out to the public as having established hours on a regular basis for providing free health care services to members of the public to the extent that care is provided without compensation or expectation of compensation during those established hours; or
    3. Is a for-profit corporation that is participating, through a written agreement, in a community-based program to provide access to health care services for uninsured persons, to the extent that:
      1. Care is provided without compensation or expectation of compensation to individuals who have been referred for care through that community-based program; and
      2. The health care provider's participation in the community-based program is conditioned upon his or her agreement to provide health services without expectation of compensation.
  4. Any school district employee not licensed under chapter 18.79 RCW who renders emergency care at the scene of an emergency during an officially designated school activity or who participates in transporting therefrom an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or willful or wanton misconduct.

WA HB 1556

Sec. 1. The legislature finds that more than three hundred sixty thousand people in the United States experience cardiac arrest outside of a hospital every year, and only ten percent survive because the remainder do not receive timely cardiopulmonary resuscitation. When administered immediately, cardiopulmonary resuscitation doubles or triples survival rates from cardiac arrest. Sudden cardiac arrest can happen to anyone at any time. Many victims appear healthy and have no known heart disease or other risk factors. The legislature finds that schools are the hearts of our community, and preparing students to help with a sudden cardiac arrest emergency could save the life of a child, parent, or teacher. Washington state has a longstanding history of training members of the public in cardiopulmonary resuscitation with community-based training programs. The legislature finds that training students will continue the legacy of providing high quality emergency cardiac care to its citizens. Therefore, the legislature intends to create a generation of lifesavers by putting cardiopulmonary resuscitation skills in the hands of all high school graduates and providing schools with a flexible framework to prepare for an emergency.

Sec. 2. A new section is added to chapter 28A.300 RCW to read as follows:

  1. An automated external defibrillator is often a critical component in the chain of survival for a cardiac arrest victim.
  2. The office of the superintendent of public instruction, in consultation with school districts and stakeholder groups, shall develop guidance for a medical emergency response and automated external defibrillator program for high schools.
  3. The medical emergency response and automated external defibrillator program must comply with current evidence-based guidance from the American heart association or other national science organization.
  4. The office of the superintendent of public instruction, in consultation with the department of health, shall assist districts in carrying out a program under this section, including providing guidelines and advice for seeking grants for the purchase of automated external defibrillators or seeking donations of automated external defibrillators. The superintendent may coordinate with local health districts or other organizations in seeking grants and donations for this purpose.

Sec. 3. A new section is added to chapter 28A.230 RCW to read as follows:

  1. Each school district that operates a high school must offer instruction in cardiopulmonary resuscitation to students as provided in this section. Beginning with the graduating class of 2017 completion of the instruction is a requirement for passing at least one health and fitness class necessary for graduation.
  2. Instruction in cardiopulmonary resuscitation under this section must:
    1. Be an instructional program developed by the American heart association or the American red cross or be nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for cardiopulmonary resuscitation;
    2. Include appropriate use of an automated external defibrillator; and
    3. Incorporate hands-on practice in addition to cognitive learning.
  3. School districts may offer the instruction in cardiopulmonary resuscitation directly or arrange for the instruction to be provided by available community-based providers. The instruction is not required to be provided by a certificated teacher. Certificated teachers providing the instruction are not required to be certified trainers of cardiopulmonary resuscitation. A student is not required to earn certification in cardiopulmonary resuscitation to successfully complete the instruction for the purposes of this section.

WA Admin Code § WAC 246-817-722

  1. Every dental office in the state of Washington that administers minimal, moderate, or deep sedation, or general anesthesia, as defined in WAC 246-817-710, must have an automated external defibrillator (AED) or defibrillator.
  2. The dentist and staff must have access to the AED or defibrillator in an emergency, and it must be available and in reach within sixty seconds.
  3. A dental office may share a single AED or defibrillator with adjacent businesses if it meets the requirements in this section.

WA Rev Code § RCW 70.54.310

Semiautomatic external defibrillator—Duty of acquirer—Immunity from civil liability.

  1. As used in this section, "defibrillator" means a semiautomatic external defibrillator as prescribed by a physician licensed under chapter 18.71 RCW or an osteopath licensed under chapter 18.57 RCW.
  2. A person or entity who acquires a defibrillator shall ensure that:
    1. Expected defibrillator users receive reasonable instruction in defibrillator use and cardiopulmonary resuscitation by a course approved by the department of health;
    2. The defibrillator is maintained and tested by the acquirer according to the manufacturer's operational guidelines;
    3. Upon acquiring a defibrillator, medical direction is enlisted by the acquirer from a licensed physician in the use of the defibrillator and cardiopulmonary resuscitation;
    4. The person or entity who acquires a defibrillator shall notify the local emergency medical services organization about the existence and the location of the defibrillator; and
    5. The defibrillator user shall call 911 or its local equivalent as soon as possible after the emergency use of the defibrillator and shall assure that appropriate follow-up data is made available as requested by emergency medical service or other health care providers.
  3. A person who uses a defibrillator at the scene of an emergency and all other persons and entities providing services under this section are immune from civil liability for any personal injury that results from any act or omission in the use of the defibrillator in an emergency setting.
  4. The immunity from civil liability does not apply if the acts or omissions amount to gross negligence or willful or wanton misconduct.
  5. The requirements of subsection (2) of this section shall not apply to any individual using a defibrillator in an emergency setting if that individual is acting as a good samaritan under RCW 4.24.300.

WA Admin Code § 246-817-770

Deep sedation and general anesthesia must be administered by an individual qualified to do so under this chapter.

  1. Training requirements: To administer deep sedation or general anesthesia, the dentist must meet one or more of the following criteria:
    1. Any provider currently permitted as of the effective date of this revision to provide deep sedation or general anesthesia by the state of Washington will be grandfathered regarding formal training requirements, provided they meet current continuing education and other ongoing applicable requirements.
    2. New applicants with anesthesia residency training will be required to have had two years of continuous full-time anesthesia training meeting the following requirements based on when they began their anesthesia training:
      1. For dentists who began their anesthesia training prior to 2008, training must include two full years of continuous full-time training in anesthesiology beyond the undergraduate dental school level, in a training program as outlined in part 2 of "Guidelines for Teaching the Comprehensive Control of Anxiety and Pain in Dentistry," published by the American Dental Association, Council on Dental Education (last revised October 2005).
      2. For dentists who begin their anesthesia training in January 2008 or after, must have either received a certificate of completion.
        1. From a dental anesthesiology program accredited by CODA (ADA Commission on Dental Accreditation, "Accreditation Standards for Advanced General Dentistry Education Programs in Dental Anesthesiology," January 2007); or
        2. From a dental anesthesiology program approved by the Dental Quality Assurance Commission; or
        3. With a minimum of two years of full-time anesthesia residency training at a medical program accredited by the Accreditation Council for Graduate Medical Education (ACGME).
    3. New applicants who completed residency training in oral and maxillofacial surgery must meet at least one of the following requirements:
      1. Be a diplomate of the American Board of Oral and Maxillofacial Surgery;
      2. Be a fellow of the American Association of Oral and Maxillofacial Surgeons; or
      3. Be a graduate of an Oral and Maxillofacial Residency Program accredited by CODA.
  2. In addition to meeting one or more of the above criteria, the dentist must also have a current and documented proficiency in advanced cardiac life support (ACLS).
  3. Procedures for administration:
    1. Patients receiving deep sedation or general anesthesia must have continual monitoring of their heart rate, blood pressure, respiration, and expired carbon dioxide (CO2). In so doing, the licensee must utilize electrocardiographic monitoring, pulse oximetry, and end-tidal CO2 monitoring;
    2. The patient's blood pressure and heart rate shall be recorded every five minutes and respiration rate shall be recorded at least every fifteen minutes;
    3. During deep sedation or general anesthesia, the person administering the anesthesia and the person monitoring the patient may not leave the immediate area;
    4. During the recovery phase, the patient must be continually observed by the anesthesia provider or credentialed personnel;
    5. A discharge entry shall be made in the patient's record indicating the patient's condition upon discharge and the responsible party to whom the patient was discharged.
  4. Dental records must contain appropriate medical history and patient evaluation. Anesthesia records shall be recorded during the procedure in a timely manner and must include:
    1. Blood pressure;
    2. Heart rate;
    3. Respiration;
    4. Pulse oximetry;
    5. End-tidal CO2;
    6. Drugs administered including amounts and time administered;
    7. Length of procedure; and
    8. Any complications of anesthesia.
  5. Equipment and emergency medications: All offices in which general anesthesia (including deep sedation) is administered must comply with the following equipment standards:
    1. An operating theater large enough to adequately accommodate the patient on a table or in an operating chair and permit an operating team consisting of at least three individuals to freely move about the patient;
    2. An operating table or chair which permits the patient to be positioned so the operating team can maintain the airway, quickly alter patient position in an emergency, and provide a firm platform for the administration of basic life support;
    3. A lighting system which is adequate to permit evaluation of the patient's skin and mucosal color and a backup lighting system of sufficient intensity to permit conclusion of any operation underway at the time of general power failure;
    4. Suction equipment capable of aspirating gastric contents from the mouth and pharyngeal cavities. A backup suction device must be available;
    5. An oxygen delivery system with adequate full face masks and appropriate connectors that is capable of delivering high flow oxygen to the patient under positive pressure, together with an adequate portable backup system;
    6. A recovery area that has available oxygen, adequate lighting, suction, and electrical outlets. The recovery area can be the operating theater;
    7. Ancillary equipment which must include the following:
      1. Laryngoscope complete with adequate selection of blades, spare batteries, and bulb;
      2. Endotracheal tubes and appropriate connectors, and laryngeal mask airway (LMA) and other appropriate equipment necessary to do an intubation;
      3. Oral airways;
      4. Tonsillar or pharyngeal suction tip adaptable to all office outlets;
      5. Endotracheal tube forceps;
      6. Sphygmomanometer and stethoscope;
      7. Adequate equipment to establish an intravenous infusion;
      8. Pulse oximeter or equivalent;
      9. Electrocardiographic monitor;
      10. End-tidal CO2 monitor;
      11. Defibrillator or automatic external defibrillator (AED) available and in reach within sixty seconds from any area where general or deep anesthesia care is being delivered. Multiple AEDs or defibrillators may be necessary in large facilities. The AED or defibrillator must be on the same floor. (In dental office settings where sedation or general anesthesia are not administered, AEDs or defibrillators are required as defined in WAC 246-817-722.)
    8. Emergency drugs of the following types shall be maintained:
      1. Vasopressor or equivalent;
      2. Corticosteroid or equivalent;
      3. Bronchodilator;
      4. Muscle relaxant;
      5. Intravenous medications for treatment of cardiac arrest;
      6. Narcotic antagonist;
      7. Benzodiazepine antagonist;
      8. Antihistaminic;
      9. Anticholinergic;
      10. Antiarrhythmic;
      11. Coronary artery vasodilator;
      12. Antihypertensive;
      13. Anticonvulsant.
  6. Continuing education:
    1. A dentist granted a permit to administer general anesthesia (including deep sedation) under this chapter, must complete eighteen hours of continuing education every three years. A dentist granted a permit must maintain records that can be audited and must submit course titles, instructors, dates attended, sponsors, and number of hours for each course every three years.
    2. The education must be provided by organizations approved by the DQAC and must be in one or more of the following areas: General anesthesia; conscious sedation; physical evaluation; medical emergencies; pediatric advanced life support (PALS); monitoring and use of monitoring equipment; pharmacology of drugs; and agents used in sedation and anesthesia.
    3. Hourly credits earned from certification in health care provider basic life support (BLS) and advanced cardiac life support (ACLS) courses may not be used to meet the continuing education hourly requirements for obtaining or renewing a general anesthesia and deep sedation permit, however these continuing education hours may be used to meet the renewal requirement for the dental license.
  7. A permit of authorization is required. See WAC 246-817-774 for permitting requirements.

You will find laws of Washington, D.C. concerning AEDs and defibrillators below

DC ST § 44-233

  1. Any person or entity who, in good faith and without compensation, uses an AED to provide emergency care or treatment shall be immune from civil liability for any personal injury resulting from the care or treatment, or resulting from any act or failure to act in providing or arranging further medical treatment, if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.
  2. The immunity from civil liability provided under subsection (a) of this section shall extend to the licensed physician or medical authority involved in automated external defibrillator site placement, the person who provides training in CPR and the use of the automated external defibrillator, and the person or entity responsible for the site where the automated external defibrillator is located.
  3. The immunity from civil liability provided under this chapter shall not apply if the personal injury results from the gross negligence or the willful or wanton misconduct of the person providing the emergency care.
  4. This section expressly excludes from the provision of immunity designers, manufacturers, or sellers of automated external defibrillators who have claims brought against them based upon current District of Columbia law.
  5. A person who, in good faith and without compensation, uses a defibrillator at the scene of an emergency, and all other persons and entities providing services without compensation under this section, shall be immune from civil liability for any personal injury that results from any act or omission in the use of the defibrillator in an emergency situation.
  6. The immunity from civil liability under this section shall not apply to a licensed or certified health professional who used the automated external defibrillator device while acting within the scope of the license or certification of the professional or within the scope of the employment or agency of the professional.
  7. In addition to any other immunities available under statutory or common law, the District is not civilly liable for any act or omission in the provision of automated external defibrillation if, at the time of the act or omission, the recreation facility possessed a valid recreation facility certificate.

DC ST § 44-232

  1. A person who or entity that acquires an AED shall ensure that:
    1. The Facility AED Coordinator receives training from or is certified by the American Heart Association, the American Red Cross, or an equivalent state or nationally recognized course, such as the Heart Saver CPR AED course, in cardiopulmonary resuscitation (“CPR”) and in the use of an AED, and that the users maintain their certification in CPR and AED use;
    2. The defibrillator is maintained and tested according to the manufacturer’s operational guidelines, and written records of the maintenance and testing are maintained;
    3. A physician licensed in the District of Columbia shall oversee all aspects of the defibrillation program, including training, coordination with the Fire and Emergency Medical Services Department (“Department”), protocol approval, AED deployment strategies, and equipment maintenance plan, and shall review each case in which the AED is used by the program; provided, that a physician is not required if a person or entity enters into an agreement with the Department pursuant to which the Department provides the equipment, training, and oversight required by this subsection; and
    4. Any person who uses an AED to provide emergency care or treatment on a person in cardiac arrest shall activate the Department’s emergency medical service system as soon as possible, and shall report any clinical use of the AED to the licensed physician or medical authority. Data on AED use shall be submitted to the Department and reviewed by the Department.
  2. Repealed.
  3. Any person or entity who acquires an AED shall notify the Chief of the Fire and Emergency Medical Services Department ("Chief of the Department") or his or her designee and the call center, as defined in § 1-327.51(2), of the AED and the location and type of the AED. If an AED is removed, the Chief of the Department shall be notified. The Chief of the Department may issue a citation if the requirements of this subsection are not followed; provided, that the Chief of the Department has adopted regulations governing the issuance of the citations.

DC B15-0825

Sec 2. Section 3 of the Public Access to Automated Defibrillator Act of 2000, effective April 27, 2001 (D.C. Law 13-278; Official Code § 44-232) is amended by adding a new subsection (d) to read as follows:

  1. Within 2 years of the effective date of the Installation of Automated External Defibrillators Amendment Act of 2004, automated external defibrillators shall be installed, at the building owner's expense, in each building accommodating more than 1,000 occupants, and in each building that is owned or occupied by the District or any agency of the District accommodating more than 100 persons. The Fire and Emergency Medical Services Department shall oversee the installation of Automatic External Defibrillators in government facilities; provided, that a defibrillator shall be accessible from each location in the building in no more than one minute."

Sec. 3. Fiscal Impact Statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code§ l-233(c)(3)).

Sec. 4. Effective Date.

This act shall take effect following approval by the mayor (or in the event of veto by the mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code§ l-206.02(c)(l)), and publication in the District of Columbia Register.

All laws concerning AEDs and defibrillators in West Virginia are below.

WV Code § 16-4D-4

§16-4D-1. Purpose and findings.

  1. The West Virginia Legislature hereby finds and declares that each year more than two hundred fifty thousand Americans die from out-of-hospital incidents of sudden cardiac arrest. More than ninety-five percent of these incidents result in death and, in many cases, death occurs because properly trained persons with life-saving automated external defibrillators arrive at the scene too late.
  2. The American Heart Association estimates that more than twenty thousand deaths could be prevented each year if early defibrillation were more widely available.
  3. Many communities around the country have invested in 911 emergency notification systems and emergency medical services, including well-trained emergency personnel and ambulance vehicles. However, in many communities, there are not enough strategically placed automated external defibrillators and persons trained to properly operate them.
  4. It is, therefore, the intent of this Legislature to improve access to early defibrillation by encouraging the establishment of automated external defibrillator programs in careful coordination with the emergency medical services system.

§16-4D-2. Definitions.

  1. "Anticipated operator" means any person trained in accordance with section three of this article who utilizes an automated external defibrillator which was placed through an early defibrillation program.
  2. "Automated external defibrillator", hereinafter referred to as AED, means a medical device heart monitor and defibrillator that:
    1. Has undergone the premarket approval process pursuant to the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §360, as amended;
    2. is capable of recognizing the presence or absence of ventricular fibrillation;
    3. is capable of determining, without intervention by the operator, whether defibrillation should be performed; and
    4. upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart.
  3. "Early defibrillation program" means a coordinated program that meets the requirements of section three of this article and one that provides early public access to defibrillation for individuals experiencing sudden cardiac arrest through the use of an automated external defibrillator.
  4. "Emergency medical services (EMS)" means all services established by the Emergency Medical Services Act of 1973 in article four-c of this chapter, including, but not limited to, the emergency medical services plan of the Department of Health and Human Resources providing a response to the medical needs of an individual to prevent the loss of life or aggravation of illness or injury.
  5. "Entity" means a public or private group, organization, business, association or agency that meets the requirements of section three of this article. "Entity" does not include emergency medical services operational programs or licensed commercial ambulance services.
  6. "Medical director" means a duly licensed physician who serves as the designated medical coordinator for an entity's early defibrillation program.
  7. "Unanticipated operator" means any person rendering emergency medical care involving the use of an AED.

§16-4D-3. Early defibrillation programs.

An entity providing an early defibrillation program shall:

  1. Register the program with the Office of Emergency Medical Services, pursuant to article four-c of this chapter, identifying the placement of AEDs, training of anticipated operators, preplanned EMS system coordination, designation of a medical director, maintenance of AED equipment and reports of AED utilization;
  2. Require the anticipated operator of an AED to receive appropriate training in cardiopulmonary resuscitation, referred to as "CPR", in the operation of an AED and in the determination of advance directives from the American Heart Association, American Red Cross, any other nationally recognized course in CPR and AED or an AED and CPR training program approved by the Office of Emergency Medical Services;
  3. Maintain and test the AED in accordance with the manufacturer's guidelines and keep written records of this maintenance and testing;
  4. Designate a medical director for the coordination of the program, which shall include, but not be limited to, training, coordinating with EMS, creating AED deployment strategies and reviewing each operation of an AED;
  5. Notify the local EMS system and public safety answering point or other appropriate emergency dispatch center of the existence of an entity's early defibrillation program, the location of the program and the program's plan for coordination with the EMS system;
  6. Provide that an operator of an AED who renders emergency care or treatment on a person experiencing cardiac arrest shall activate the EMS system as soon as possible and shall report the use of an AED to the program medical director; and
  7. Comply with the guidelines of the West Virginia Office of Emergency Medical Services regarding data collection and reporting.

§16-4D-4. Limitation on liability.

A person is not liable for civil damages as a result of any act or omission in rendering emergency medical care or treatment involving the use of an AED if the care or treatment does not amount to gross negligence and the following conditions are met:

  1. The person, entity, certified trainer or medical director of the early defibrillation program is in compliance with the provisions of section three of this article; and
  2. The person is an anticipated operator of an AED who gratuitously and in good faith rendered emergency medical care, pursuant to the requirements of section three of this article, other than in the ordinary course of the person's employment or profession as a health care provider, as defined in section two, article two-d of this chapter; or
  3. The person is an unanticipated operator who gratuitously and in good faith rendered emergency medical care.

You will find all laws regarding AEDs and defibrillators in Wisconsin below.

WI Stat § 895.48

Civil liability exemption; emergency medical care.

  1. Except as provided in sub. (1g), any person who renders emergency care at the scene of any emergency or accident in good faith shall be immune from civil liability for his or her acts or omissions in rendering such emergency care.
    • The immunity described in sub. (1) and s. 450.11 (1i) (c) 3. does not extend when employees trained in health care or health care professionals render emergency care for compensation and within the scope of their usual and customary employment or practice at a hospital or other institution equipped with hospital facilities, at the scene of any emergency or accident, enroute to a hospital or other institution equipped with hospital facilities, or at a physician's office.
      1. Except as provided in par. (b), any physician, physician assistant, podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical services practitioner licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage therapist or bodywork therapist licensed under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:
        1. The health care is rendered at the site of the event or contest, during transportation to a health care facility from the event or contest, or in a locker room or similar facility immediately before, during or immediately after the event or contest.
        2. The physician, podiatrist, athletic trainer, chiropractor, dentist, emergency medical services practitioner, as defined in s. 256.01 (5), emergency medical responder, as defined in s. 256.01 (4p), physician assistant, registered nurse, massage therapist or bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.
      2. Paragraph (a) does not apply to health care services provided by a volunteer health care provider under s. 146.89.
    1. In this subsection:
      1. “Cardiac arrest" means the sudden cessation of cardiac function and the disappearance of arterial blood pressure that connote ventricular fibrillation or pulseless ventricular tachycardia.
      2. “Pulseless ventricular tachycardia" means a disturbance in the normal rhythm of the heart that is characterized by rapid electrical activity of the heart with no cardiac output.
    2. Any of the following, other than an emergency medical services practitioner or an emergency medical responder — defibrillation, is immune from civil liability for the acts or omissions of a person in rendering in good faith emergency care by use of an automated external defibrillator to an individual who appears to be in cardiac arrest:
      1. The person who renders the care.
      2. The owner of the automated external defibrillator.
      3. The person who provides the automated external defibrillator for use, if the person ensures that the automated external defibrillator is maintained and tested in accordance with any operational guidelines of the manufacturer.
      4. Any person who provides training in the use of an automated external defibrillator to the person who renders care.
    3. The immunity specified in par. (am) does not extend to any of the following:
      1. A person whose act or omission resulting from the use or the provision for use of the automated external defibrillator constitutes gross negligence.
      2. A health care professional who renders emergency care for compensation and within the scope of his or her usual and customary employment or practice at a hospital or other institution equipped with hospital facilities, at the scene of an emergency or accident, enroute to a hospital or other institution equipped with hospital facilities or at a physician's office.

WI Stat § 118.076

Lifesaving skills instruction.

  1. In this section, “automatic external defibrillator" has the meaning given in s. 440.01 (1) (ad).
  2. Beginning in the 2017-18 school year and subject to sub. (4), each school board operating any grade from 7 to 12, the operator of each charter school established under s. 118.40 (2r) or (2x) that operates any grade from 7 to 12, and the governing body of each private school that operates any grade from 7 to 12 shall do all of the following:
    1. Provide instruction in cardiopulmonary resuscitation and cardiocerebral resuscitation in any health education course offered to pupils in grades 7 to 12. The school board, operator of the charter school, or governing body of the private school shall use either of the following, and shall incorporate into the instruction the psychomotor skills necessary to perform cardiopulmonary resuscitation and cardiocerebral resuscitation:
      1. An instructional program developed by the American Red Cross or the American Heart Association.
      2. Nationally recognized, evidence-based guidelines for cardiopulmonary resuscitation and cardiocerebral resuscitation.
    2. Provide instruction about automated external defibrillators to pupils enrolled in grades 7 to 12 in the school district, charter school, or private school.
    1. In this subsection, a “virtual school” is a school in which all or a portion of the instruction is provided through means of the Internet, and the pupils enrolled in and instructional staff employed by the school are geographically remote from each other. “Virtual school” includes a virtual charter school.
    2. A virtual school need not provide any instruction required under sub. (3) in a manner that requires the pupils receiving the instruction and instructional staff providing the instruction to be together in the same geographical location. A virtual school may provide all of the instruction required under sub. (3) through the means of the Internet.

You will find the laws of Wyoming concerning AEDs and defibrillators below.

WY Stat § 35-26-101-103

Automated external defibrillators; definitions.

  1. As used in this article:
    1. "Automated external defibrillator (AED)" means a medical device heart monitor and defibrillator that:
      1. Has received approval of its premarket notification filed pursuant to U.S. Code, title 21, section 360(k) from the U.S. Food and Drug Administration;
      2. 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
      3. Upon determining that defibrillation should be performed, automatically charges and delivers, or requests delivery of, an electrical impulse to an individual's heart.

Possession of automated external defibrillator.

  1. In order to ensure public health and safety, all persons who possess an AED shall:
    1. Obtain appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED by the American Heart Association, American Red Cross or by another nationally recognized, or Wyoming department of health recognized, course in CPR and AED use and maintains currency through refresher training every two (2) years; and
    2. Ensure that the AED is maintained and tested according to the manufacturer's guidelines.
    3. Repealed by Laws 2005, ch. 89, § 2.
  2. Any person or entity in possession of an AED shall notify an agent of the emergency communications center and the local ambulance service of the existence, location and type of AED.

Limited liability for use of automated external defibrillator.

  1. Any person who uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency, any prescribing physician who authorizes the purchase of the AED and any individual who provides training in cardiopulmonary resuscitation (CPR) in the use of an AED shall be immune from civil liability for any harm resulting from the use or attempted use of such device, unless the harm involved was caused by willful or criminal misconduct, gross negligence, reckless misconduct or a conscious, flagrant indifference to the safety of the victim who was harmed.
  2. Any person responsible for the site where the AED is located shall be immune from civil liability for any personal injury that results from any act or omission of acts that do not amount to willful or wanton misconduct or gross negligence if that person complies with the requirements of W.S. 35-26-102.
  3. Any clinical use of the AED shall be reported to the licensed physician.
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