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.
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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.

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