AEDUniverse.com AED Laws by State

*AED law summaries are not to be mistaken as legal advice and AEDUniverse.com and Northwest Health and Safety Inc. makes no representations or warranties to the accuracy of the AED law or regulation information provided. AED Laws are changed and updated frequently. We recommend that you contact your state health department for the most up to date AED law information. If you find an error or have an updated AED law or AED statute, please contact us and we'll update our site right away.

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Alabama

Code of Alabama Section 6-5-332 (1975)

A person or entity that acquires an AED must ensure the following:

1. Expected defibrillator users receive appropriate training in an American Heart Association, American Red Cross, or other nationally recognized CPR and AED course.
2. That the local emergency communications or dispatch center before treatment of a person in cardiac arrest by using an AED activates the medical services system as soon as possible.
3. The AED is maintained and tested according the manufacturer’s guidelines.
4. The involvement of a licensed physician or medical authority in the site’s AED program.
5. That any person who renders emergency care or treatment of a person in cardiac arrest by using an AED activates the medical services system as soon as possible.
6. That the local emergency communications or dispatch center be notified of the existing location and type of AED. Back to Top

Alaska

House Bill 395 (1998)
A person at a hospital or other location who renders emergency aid (includes use of an AED) to an injured person 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. Title 9, Chapter 09.65

Any prospective AED users must complete an AED training course from the American Heart Association, American Red Cross, or another AED training course provided by the Department of Health and Social Services.

• Civil Liability for use of an AED (AS 09.65.087)
• Civil Liability for Emergency Aid (AS 09.65.090)
• Regulations for Approving AED Training Programs (7 AAC 26.585)
• Public Health Improvement Act (Includes Cardiac Arrest Survival Act)
• Answers to Frequently Asked Questions about the AEDs in Alaska

Alaska maintains a great site about AED's and the rules, regulations and other helpful information about AED placement in Alaska- Click to View

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Arizona

State Statute Title 36 Chapter 21.1 (1999)
A person or entity that acquires an AED must:

1. Enter into an agreement with a physician who must oversee all aspects of public access to defibrillation including training, emergency medical services coordination, protocol approval, standing orders, communications, protocols and AED deployment strategies.
2. Limit the use of AEDs to trained responders.
3. Require each trained responder who uses an AED on a person in sudden cardiac arrest to call 911 as soon as possible and submit a written report to the physician within five working days after its use.

The physician who enters into agreement with a person or entity that has acquired and AED must:

1. Establish quality assurance guidelines that include a review of each use of the AED to evaluate performance.
2. Be proficient in emergency medical services protocols, CPR, and the use of AEDs.
3. Ensure that each trained responder receives training in CPR and in the use of AEDs by completing the Heart Saver AED course for the lay rescuer and first responder or an equivalent course that meets the same objectives.
4. Ensure that the AED is maintained and tested according to the manufacturer’s guidelines.

The following persons and entities described below 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. Supervisory physician
2. A person or entity that provides CPR or AED training
3. A person or entity that acquires an AED
4. The owner of the property where the AED is located. Back to Top

Arizona Website for everything AED's in the state of Arizona

Arkansas

Chapter 95; sub-chapter 6 17-95-601 (1999)
Any person or entity who acquires an AED must:

1. Notify an agent or emergency communication, 9-1-1, or vehicle dispatch center.
2. Ensure that prospective AED users complete a knowledge and skills course in CPR and AED use based upon current American Heart Association standards.
3. Ensure that the defibrillator is tested and maintained according to the manufacturer’s guidelines.
4. Involve a physician or medical authority to the site’s AED program to ensure compliance with requirements for training, notification, and maintenance.
5. Ensure that any person who renders emergency care or treatment on a person in cardiac arrest by using and AED activates the emergency medical services system as soon as possible and reports any clinical use of the AED to the physician or medical authority.

Any person or entity who in good faith renders and without compensation renders emergency care or treatment by the use of an AED 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 further medical treatment.

Immunity from civil liability includes the physician or medical authority who is involved with AED site placement, the person or entity that provides the AED and CPR training, and the person or entity responsible for the site where the AED is located.

Immunity from civil liability does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering emergency medical care. Back to Top

California

Senate Bill 911 (1999)
Any individual who is trained to use an AED and who uses one in good faith in an emergency will not be liable for any civil damages.

A person who provides CPR and AED training to a person who renders emergency care is not liable for any civil damages.

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 in good faith.

The provisions of this bill do not apply in the case of personal injury or wrongful death that results from the gross negligence or willful misconduct of the person who renders emergency care or treatment by the use of an AED.

Assembly Bill 254 (2005) (Amended in 2006) AB 254 was only in effect until January 1, 2008. AB 2083 extended the provisions of this bill to January 1, 2013.
AEDs in public or private K-12 schools must:

1. Be maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, American Heart Association, and the American Red Cross.
2. Be 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.

Any person who renders emergency care or treatment to a person in cardiac arrest by using an AED must activate the emergency medical services system as soon as possible and report use of the AED to the local physician and EMS agency.

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, American Heart Association, and 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.

There must be a written plan describing the procedures to be followed in the event of an emergency that may involve the use of an AED.

After AED placement in the school, the principal must ensure that school administrators and staff annually receive a brochure (approved by the American Heart Association and American Red Cross) that properly describes the use of an AED.

The principal must, at least annually, notify school employees as to the location of all AED units on the campus.

The principal must 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. Back to Top

Colorado

House Bill 99-1283 (1999)
Expected AED users receive CPR and AED training through a course that meets nationally recognized standards and is approved by the department of public health and environment.

AEDs must be maintained and tested according to the manufacturer’s operational guidelines.

A licensed physician must be involved at the site of an AED to ensure compliance with requirements for training, notification, and maintenance.

There are written plans 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.

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 and reports any clinical use of the AED to the affiliated licensed physician affiliated.

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.

Any individual who is trained to use an AED and who uses one in good faith in an emergency will not be liable for any civil damages, unless the acts or omissions were grossly negligent or willful and wanton. This immunity extends to the licensed physician who is involved with the AED site placement

Senate Bill 05-170 (2005)
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 the school location.

A school district shall accept a donation of an automated external defibrillator that meet 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 designated for obtaining an AED and for maintenance, training, and inspection of it.

Any AED acquired by a school district must be appropriate to use on children and adults.

Use of an AED donated or purchased by a school district is limited to school property and events.

A school district that acquires an AED must meet training, maintenance, inspection, and physician involvement requirements set forth in HB 99-1283.

Any individual who is trained to use an AED and who uses one in good faith in an emergency will not be liable for any civil damages, unless the acts or omissions were grossly negligent or willful and wanton. Back to Top

Connecticut

House Bill 5650 (2000)
Any person in possession of an AED must provide notice of its location to the Office of Emergency Medical Services.

No paramedic shall be required to be in simultaneous communication with a licensed physician when using an AED in the practice of paramedicine. Back to Top

Delaware

House Bill 430 (2000)
Any individual who in good faith and without compensation renders emergency care or treatment by the use of an AED is immune from civil liability for any personal injury as a result of such care or treatment as long as the act does not amount to willful or wanton misconduct or gross negligence.

Any individual who authorizes the purchase of an AED, provides training in CPR and the use of an AED, or is 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.

Any entity to which AEDs are distributed must insure that:

1. Each prospective AED user receives appropriate training by the American Red Cross, American Heart Association, Delaware State Fire School, or by another nationally recognized provider of training for CPR and AED use.
2. The AED must be maintained and tested according to the manufacturer’s guidelines.
3. Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED must 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.

The State EMS Medical Director must maintain a file containing the name of each person of entity that acquires an AED with state funding. Back to Top

District of Columbia

Bill No. B13-0735 (2001)
A person who or entity that acquires an AED must ensure that:

1. Expected AED users receive training from and be certified by the American Heart Association, the American Red Cross, or an equivalent state or nationally recognized course, in cardiopulmonary resuscitation CPR and in the use of an AED, and that the users maintain their certification in CPR and AED use.
2. The defibrillator is maintained and tested according to the manufacturer’s operational guidelines, and written records of the maintenance and testing are maintained.
3. A physician licensed in the District of Columbia shall oversee all aspects of the defibrillation program, including training, coordination with the Fire and Emergency Medical Services Department, protocol approval, AED deployment strategies, and equipment maintenance plan, and shall review each case in which the AED is used by the program.
4. Any person who uses an AED to provide emergency care or treatment on a person in cardiac arrest shall activate the Department’s emergency medical service system as soon as possible, and must report any clinical use of the AED to the licensed physician or medical authority.

Upon meeting the requirements above, the defibrillation program shall be registered with the Department and the Department shall issue to the defibrillation program a certificate of registration. There shall be a registration fee of $25. The certificate of registration shall expire after 4 years. To renew a certificate of registration, the person or entity shall be required to repeat the application process. If protocol is not followed, the Department may issue a citation, suspend certification, or revoke the certificate of registration.

Any person or entity who acquires an AED shall notify an agent of the Fire Chief, the EMS Medical Director, and the emergency communications or vehicle dispatch center of the existence of the AED and the Department of the existence, location, and type of AED. If an AED is removed, the Department shall be notified.

Expected AED users must receive training from and be certified by the American Heart Association, the American Red Cross, or an equivalent state or nationally recognized course, in CPR and in the use of an AED, and the users must maintain their certification in CPR and AED use.

Any person or entity who, in good faith and without compensation, uses an AED to provide emergency care or treatment shall be immune from civil liability for any personal injury resulting from the care or treatment, or resulting from any act or failure to act in providing or arranging further medical treatment, if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.

The immunity from civil liability provided under the section above shall extend to the licensed physician or medical authority involved in automated external defibrillator site placement, the person who provides training in CPR and the use of the automated external defibrillator, and the person or entity responsible for the site where the automated external defibrillator is located.

The immunity from civil liability provided under this act shall not apply if the personal injury results from the gross negligence or the willful or wanton misconduct of the person providing the emergency care. Back to Top

Florida

Florida Statute 401.2915 (1997)
All persons who have access to or use an AED must obtain appropriate training, to include completion of a course in cardiopulmonary resuscitation or successful completion of a basic first aid course that includes CPR training, and demonstrated proficiency in the use of an AED.
Any person or entity in possession of an AED is encouraged to register with the local emergency medical services medical director the existence and location of the AED.

Any person who uses an AED is required to activate the emergency medical services system as soon as possible upon use of the AED.

House Bill 93 (2006)
It is a first-degree misdemeanor for a person to commit certain acts involving the misuse of an AED such as tampering with an inoperative AED or obliterating the serial number on an AED for the purpose of falsifying records.

Local governments have local authorization to adopt ordinances to license, permit, and inspect AEDs.

Any person or entity who, in good faith and without compensation, uses an AED to provide emergency care or treatment shall be immune from civil liability for any personal injury resulting from the care or treatment, or resulting from any act or failure to act in providing or arranging further medical treatment, if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances. Back to Top

Georgia

Senate Bill 51 (2001)*
The person or entity who acquires an AED must:

1. Notify an agent of the emergency communications or vehicle dispatch center of the existence, location and type of AED.
2. Ensure that any expected AED users receive American Heart Association, American Red Cross, or other equivalent training in CPR and AED use.
3. Ensure that the AED is properly maintained and tested according to its manufacturer’s guidelines.
4. Ensure that any person who renders emergency care with the AED notifies the emergency medical service system as well as the authorized person responsible for monitoring compliance with the program
5. Ensure that an authorized person is involved to enforce compliance with the AED program.

* Offers immunity from civil liability for lay rescuers who use AEDs in good faith, owners or operators of any premises who provide AEDs, and any trainers or supervisors of AED programs. Back to Top

Hawaii

House Bill 972 (2007)
Any person who successfully completes training under any AED program is not liable for any civil damages resulting from any act or omission while attempting in good faith, without remuneration or expectation of remuneration, to resuscitate a person in immediate danger of loss of life when administering any AED, regardless of where the AED that is used is located, except as may result from the person’s gross negligence or wanton acts or omissions.

Any person, including an employer, who establishes an AED program shall not be liable for any civil damages resulting from any act or omission of the persons or employees trained under the program 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 AED.

Any person who administers an AED 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 AED, except as may result from the gross negligence or wanton acts or omissions.

Senate Bill 724 (2007)
An individual shall not be liable for any civil damages resulting from any act or omission resulting from any act or omission while attempting in good faith, without remuneration or expectation of remuneration, to resuscitate a person in immediate danger of loss of life, or reasonably believed by the individual to be in immediate danger of loss of life, when administering any AED, regardless of where the AED that is used is located, except as may result from the person's gross negligence or wanton acts or omissions.

House Bill 2598(1998)
Nothing shall prohibit automatic external defibrillation by any first responder personnel certified by the Department of Health or any person who successfully completes training under an AED program administered by a physician. An “AED program” means an appropriate training course that includes CPR and proficiency in the use of an AED.

Any person who successfully completes training under an AED program administered by a physician and as defined in section 453-2 shall not be liable for any civil damages resulting from any act or omission while attempting in good faith, without remuneration or expectation of remuneration, to resuscitate a person in immediate danger of loss of life when administering an AED except as may result from the person’s gross negligence or wanton acts or omissions.

No person, including an employer, who establishes an AED program shall be liable for any civil damages resulting from any act or omission of the persons or employees trained under the program 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 AED. Back to Top

Idaho

Senate Bill 1185, Idaho Statute Title 9, Chapter 3, Action 5-337 (1999)
Any person or entity that acquires an AED must 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 according to the manufacturer's operational guidelines.
3. There is involvement of a licensed physician in the site'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
   defibrillator to the prescribing physician
5. Any person or entity who acquires an AED 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 AED.

No cause of action shall be maintained which arises from the good faith use of an AED in an emergency setting. This immunity from civil liability does not apply if the acts or omissions amount to gross negligence or willful or wanton misconduct. Back to Top

Illinois

House Bill 1058 (2008)
The Department of Health has the power to make matching grants from the HeartSaver AED Fund to any school in the State to assist in the purchase of an AED. Applicants must prove they have funds to pay 50% of the cost of AEDs for which matching grants are sought. A school applying for the grant cannot receive more than one grant from the HeartSaver AED Fund each fiscal year.

House Bill 258 (2008)
Requires the State Board of Education to establish and administer a matching grant program to pay for half of the cost that a school district incurs in training those teachers and other school personnel who express an interest in becoming qualified to administer emergency CPR or in learning how to use an AED.

House Bill 542 (2006)
Creates a check box on IL residents’ income tax return forms that allow them to contribute to the HeartSaver AED Fund, which can then be used in the matching grants program of the HeartSaver AED Fund.

Senate Bill 404 (2007)
No local agency, entity of State or local government, or other public or private organization, nor any officer, director, trustee, employee, consultant, or agency of any such entity, which sponsors, authorizes, supports, finances, or supervises the training of persons in the use of CPR, AEDs, or first aid in a course which complies generally recognized standards shall be liable for damages in any civil action based on the training of such persons unless an act or omission during the course of instruction constitutes willful or wanton misconduct.

No person who is certified to teach the use of CPR, AEDs, or first aid and who teaches a course of instruction which complies with generally recognized standards for the use of CPR, AEDs, or first aid shall be liable for damages in any civil action based on the training of such persons unless an act or omission during the course of instruction constitutes willful or wanton misconduct.

A person acquiring an AED must ensure that:

1. The AED is maintained and tested according to the manufacturer’s guidelines.
2. 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, the American Heart Association, or a course of instruction in accordance with existing rules under this Act to use an AED and to perform CPR.
3. Any person who renders out-of-hospital emergency care or treatment to a person in cardiac arrest by using an AED activates the EMS system as soon as possible and reports any clinical use of the AED.

A person in possession of an AED must notify an agent of the emergency communications or vehicle dispatch center of the existence, location, and type of AED.

A physician licensed in IL to practice medicine in all its branches who authorizes the purchase of an AED is not liable for civil damages as a result of any act or omission arising out of authorizing the purchase of an AED, except for willful or wanton misconduct.

A person, unit of State or local government, or school district owning, occupying, or managing the premises where an AED is located is not liable for civil damages as a result of any act or omission arising out of authorizing the purchase of an AED, except for willful or wanton misconduct.

An AED user is not liable for civil damages as a result of any act or omission involving the use of an AED in an emergency situation, except for willful or wanton misconduct.

Use of an AED; exemption from civil liability for emergency care. Any person in good faith, not for compensation, renders emergency medical care involving the use of an AED 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.

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Indiana

House Bill 1106 (2006)
A person or entity acquiring an AED must:

1. Ensure the AED is maintained and tested according to the manufacturer’s guidelines.
2. A person who gratuitously renders emergency care involving the use of an AED is immune from liability for any act or omission not amounting to gross negligence or willful or wanton misconduct.

An individual, business, or organization that allows a person who is an expected user to use an AED 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 AED to the user for the purpose of rendering the emergency care.

A licensed physician who gives medical direction in the use of an AED or a national or state approved AED instructor of a person who gratuitously renders emergency care involving the use of an AED is immune from civil liability for any act or omission of the licensed physician or instructor if it:
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.

Removes the use of an AED from the definition of basic life support.

House Bill 1116 (2007)
Requires an individual to have training in CPR, removing obstructions to a person’s airway, and the Heimlich maneuver before obtaining an initial license as a teacher.

Establishes immunity from liability for certain acts or omissions by a teacher who has been trained in CPR, removing obstructions, and the Heimlich maneuver. Back to Top

Iowa

A.C. 641
The purpose of this rule is to allow nonemergency response agencies, public or private, to train their employees or associates in the use of AEDs and to provide AED coverage when appropriately trained personnel are available. This rule is intended to enhance and supplement the local EMS system with nontraditional early defibrillation groups/agencies.

Authority of public access defibrillation provider. Public access defibrillation providers may perform those skills identified in the public access defibrillation provider curriculum approved by the department, as part of an authorized PAD service program.

Public access defibrillation provider-training requirements. Individuals seeking certification as a public access defibrillation provider shall:

1. Be an employee or associate of the public or private business agency applying for PAD service program authorization.
2. Obtain appropriate training approved by the department. PAD provider training shall include as a minimum: successful course completion in adult CPR, including one rescuer CPR, foreign body airway obstruction, rescue breathing, recovery position, and activating the EMS system and successful completion of an AED curriculum approved by the department.

132.16(3) PAD service program - application, guidelines, and standards
A public or private non-emergency response business agency may establish an affiliation with an EMS service program if wishing to provide AED coverage in an EMS service program's service area or may apply for authorization as an independent PAD service program

Provide a medical director licensed under Iowa Code chapter 148, 150, or 150A, who shall be responsible for the overall medical direction of the PAD service program. Back to Top

Kansas

Senate Bill 535
An automated external defibrillator may be used by any qualified person.

Any qualified person who gratuitously and in good faith renders emergency care or treatment by the use of or provision of an AED 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.

As used in the above section, ”qualified person” means a person who:

1. Has completed a course in cardiopulmonary resuscitation or a basic first-aid course that includes cardiopulmonary resuscitation training and
2. Has completed a course of training in the use of AED.
3. Has demonstrated proficiency in the use of an AED.

Anyone placing an AED must notify his or her local EMS. They also need to outline concise protocols. Back to Top

Kentucky

House Bill 49
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. The 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.
4. Any 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.

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.

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 a ordinary, reasonable prudent person would have acted under the same or similar circumstances.

The immunity from civil liability for any personal injury under the above 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.

The immunity from civil liability does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care. Back to Top

Louisiana

House Bill 1584 (2004)
Any person or entity that possesses an AED must 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 services notification, and maintenance.
3. Expected AED users must receive appropriate training in CPR and in the use of an AED from any nationally recognized course in CPR and AED use.
4. The emergency medical services system must be activated as soon as possible when an individual renders emergency care to an individual in cardiac arrest by using an AED.
5. Any clinical use of the AED must be reported to the licensed physician or advanced practice registered nurse involved in the possessor’s program.

Any person or entity that possesses an AED must notify the bureau of emergency medical services in the office of public health of the Department of Health and Hospitals and a local provider of emergency medical services as to the acquisition, location, and type of AED.

Senate Bill 100 (duplicate of House Bill 245) (1999)
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. Expected AED users regularly, on the premises of a particular entity, such as a work site, receive appropriate training in CPR and in the use of an AED by the American Heart Association or by any other nationally recognized course in CPR and AED use. (For purposes of this paragraph, “expected AED users” shall be any person designated by the possessor to render emergency care.)
4. 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.
5. Any clinical use of the AED is reported to the licensed physician or advanced practice registered nurse involved in the possessor's program.

Any person or entity that possesses an AED shall notify the bureau of emergency medical services in the office of public health of the Department of Health and Hospitals and a local provider of emergency medical services, such as 911 service, local ambulance.

In addition to the civil immunity provided to persons rendering emergency assistance as provided by law 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 CPR and in the use of an AED, any purchaser of an AED, any person or entity responsible for the site where an AED is located, and any expected user regularly on the premises shall not be liable for any civil damages arising from any act or omission of acts related to the operation of an AED that donot amount to willful or wanton misconduct or gross negligence. Back to Top

Maine

Title 21, Chapter 421 (2007)
Immunity. The following persons and entities are immune from civil liability for damages relating to the use, possession or purchase of an AED and arising out of acts or omissions relating to preparing for and responding to suspected sudden cardiac arrest emergencies absent gross negligence or willful or wanton misconduct:

1. Any person or entity that acquires an AED.
2. Any person or entity that owns, manages, or is otherwise responsible for the premises on which an AED is located.
3. Any person who retrieves an AED in response to a perceived sudden cardiac arrest emergency.
4. Any person who uses, attempts to use, or fails to use an AED in response to a perceived sudden cardiac arrest emergency.
   5. Any physician or other authorized person who issues a prescription for the purchase of an AED.
   6. Any person or entity that is involved with the design, management or operation of an AED program.
   7. Any person or entity that provides instruction in the use of an AED.

LD 1785 (2007)
A school administrative unit shall equip every school building in the unit’s jurisdiction with an AED. An AED must be placed in an accessible, central location in the school building and be available for a secondary school athletic event inside or outside of the school building. A school administrative unit shall follow the requirements of Title 22, section 2150-C, subsection 3 in the possession, storage and use of an AED.

A school administrative unit shall appoint a committee of unit employees to administer the requirements of this section. A committee created under this subsection shall develop and implement procedures for the storage and use of an AED. Procedures developed under this subsection must conform to American Heart Association and National Federation of State High School Associations requirements for AEDs. Procedures developed under this subsection must provide for:

1. Informing all unit employees, students and the local municipal law enforcement agency, fire department and emergency response agency of the presence and location of the AED for each school building.
2. The placement of clearly visible signage near each AED location and the quick and easy retrieval of an AED, which may not be locked or secured against public access.
3. Instructions for a unit employee or student to follow during a perceived sudden cardiac arrest emergency, including a written and verbal emergency response protocol to a perceived sudden cardiac arrest emergency, alerting an appropriate emergency response authority and listing the prohibitions involving the use of an AED as detailed in Title 22, section 2150-C, subsection 2.

The following are immune from civil liability for damages arising out of acts or omissions under this section relating to possession, storage or use of an AED or preparing for and responding to a perceived sudden cardiac arrest emergency, absent gross negligence or willful or wanton misconduct:

1. A person who acquires an AED.
2. A person who owns, manages, or is otherwise responsible for the premises on which an AED is located.
3. A person authorized under Title 22, section 2150-C, subsection 2 who retrieves, uses, attempts to use or fails to use an AED in response to a perceived sudden cardiac arrest emergency.
4. A physician or other authorized person who issues a prescription for the purchase of an AED.
5. A person that is involved with the design, management or operation of an AED program.
6. A person that provides instruction in the use of an AED. Back to Top

Maryland

Website for Full AED Program Requirements

Senate Bill 294 (Amended by House Bill 1054 in 2005, Senate Bill 570 in 2008, and House Bill 1134 in 2008)
(1999)
Any facility that wishes to make an AED available must possess a valid certificate from the EMS board. (Certain exceptions apply; see MD Health Code 19-114)

To qualify for a certificate a facility must:

1. Comply with the written protocol approved by the EMS board for the use of an AED which includes notification of the emergency medical services system as soon as possible when an AED has been used.
2. Have established AED maintenance, placement, operation, reporting, and quality improvement procedures as required by the EMS board.
3. Maintain each AED and related supplies and equipment in accordance with the manufacturer’s guidelines and the federal Food and Drug Administration.
4. Ensure that each individual who is expected to operate an AED for the registered facility has successfully completed an AED training course and refresher training as required by the EMS board.

A facility that wishes to renew their certificate must submit an application on the form that the EMS board requires and meet the requirements.

Registered facilities must report the use of an AED to the Institute for review by the regional council AED committee.

A registered facility is not civilly liable for any act or omission in the provision of automated external defibrillation if the registered facility:

1. Has satisfied the EMS board requirements for making an AED available.
2. Possess a valid certificate from the EMS board at the time of the act or omission.

An individual is not civilly liable for any act or omission if:

1. The person is acting in good faith while rendering automated external defibrillation to a person who is a victim or reasonably believed by the individual to be a victim of sudden cardiac arrest.
2. The assistance or aid is provided in a prudent manner.
3. The external defibrillation is provided free and without compensation.

Immunity is not granted to a facility or individual if the conduct amount to gross negligence, willful or wanton misconduct, or intentionally tortuous conduct.

Full statutes - http://www.dsd.state.md.us/comar/subtitle_chapters/30_Chapters.aspx#Subtitle06

Massachusetts

Chapter 127 of the Acts of 1998 (1998)
Any person who is trained according to the standards and guidelines of the American Heart Association or the American National Red Cross in CPR or the use of AEDs or any person who has successfully met the training requirements of a course in basic cardiac life support, conducted according to the standards established by the American Heart Association, who in good faith and without compensation renders emergency cardiopulmonary resuscitation or defibrillation in accordance with his training, other than in the course of his regular professional or business activity, to any person who apparently requires CPR or defibrillation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the rendering of such emergency CPR or defibrillation.

House Bill 4900 (2008)
Appropriated $22,532 for a federally funded grant entitled, RURAL AEDs. Back to Top

Michigan

House Bill 4420 (1999)
An individual who having no duty to do so in good faith voluntarily renders CPR to another individual is not liable in a civil action for damages resulting from an act or omission in rendering the CPR, except an act or omission that constitutes gross negligence or willful and wanton misconduct.

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

The following persons are not liable in a civil action for damages resulting from an act or omission of an individual rendering emergency services using an AED, except if the person’s actions constitute gross negligence or willful and wanton misconduct:

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

Minnesota

Minnesota Statute 604A.01 (2002)
A person who, without compensation or the expectation of compensation, renders emergency care, advice, or assistance at the scene of an emergency or during transit to a location where professional medical care can be rendered, is not liable for any civil damages as a result of acts or omissions by that person in rendering the emergency care, advice, or assistance, unless the person acts in a willful and wanton or reckless manner in providing the care, advice, or assistance. This subdivision does not apply to a person rendering emergency care, advice, or assistance during the course of regular employment, and receiving compensation or expecting to receive compensation for rendering the care, advice, or assistance.

For purposes of the section above, “emergency care” includes providing emergency medical care by using or providing an AED, unless the person on whom the device is to be used objects; or unless the person is rendering this care during the course of regular employment, the person is receiving or expects to receive compensation for rendering this care, and the usual and regular duties of the person include the provision of emergency medical care. Back to Top

Mississippi

Mississippi Code Title 41 Chapter 60 Section 33 (1999)
Any person may use an AED for the purpose of saving the life of another person in sudden cardiac death, subject to the following requirements:

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

Missouri

House Bill 1668 (1998)
A person or entity who acquires an AED shall ensure that:

1. Expected AED users receive training by the American Heart Association or American Red Cross in CPR and the use of AEDs, or an equivalent nationally recognized course in AED use and CPR training.
2. The AED is maintained and tested according to the manufacturer’s guidelines.
3. Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED activates the emergency medical services system as soon as possible.
4. Any person that owns an AED that is for use outside of a health care facility must have a physician provide medical protocol for the use of the device.

Any person or entity that acquires and AED must notify the emergency communications district or the ambulance dispatch center of the primary provider of emergency medical services where the AED is to be located.
Any person who has had appropriate training, including a course in CPR, has demonstrated a proficiency in the use of an AED, and who gratuitously and in good faith renders emergency care when medically appropriate by use or provision of an AED, without objection of the victim or victims, shall not be held liable for any civil damages as a result of such care or treatment, where the person acts as an ordinarily reasonable, prudent person.

Any county, municipality, or fire protection district may establish a program to allow the use of AEDs by any person properly qualified who follows medical protocol for use of the device or member of a fire, police, ambulance service, emergency medical response agency, or first responder agency provided that such person has completed a course certified by the American Red Cross or American Heart Association that included CPR training and demonstrated proficiency in the use of AEDs. Back to Top

Montana

Senate Bill 95 (2007)
Removed the requirement for a physician director of an AED program.

House Bill 126 (1999)
In order for an entity to use or allow the use of an automated external defibrillator, the entity shall:

1. Establish a program for the use of an AED that includes a written plan and rules adopted by the department. The plan must specify:
   1. Where the AED will be placed;
   2. The individuals who are authorized to operate the AED;
   3. How AED use will be coordinated with an emergency medical service providing services in the area where the AED is located;
   4. The medical supervision that will be provided;
   5. The maintenance that will be performed on the AED;
   6. Records that will be kept by the program;
   7. Reports that will be made of AED use;
   8. The name, location, and telephone number of a physician, or other individual designated by the physician, designated to provide medical supervision of the AED program; and
   9. Other matters as specified by the department
2. Ensure that before using the AED, an individual authorized to operate the AED receives appropriate training approved by the department in cardiopulmonary resuscitation and the proper use of an AED.
3. Maintain, test, and operate the AED according to the manufacturer's guidelines and maintain written records of all maintenance and testing performed on the AED.
4. Ensure that the physician or other individual designated by the physician to supervise the AED program supervises the AED program to ensure compliance with the written plan, [sections 2 through 7], and rules adopted by the department pursuant to [section 4] and reviews each case in which the AED is used. Requirement Removed by 2007 SB 95
5. Each time an AED is used for an individual in cardiac arrest, require that an emergency medical service is summoned to provide assistance as soon as possible and that the AED use is reported to the supervising physician or the person designated by the physician and to the department as required by the written plan;
6. Before allowing any use of an AED, provide the following to all licensed emergency medical services and any public safety answering point or emergency dispatch center providing services to the area where the AED is located:
   1. A copy of the plan prepared pursuant to this section; and
   2. Written notice, in a format prescribed by department rules, stating that an AED program is established by the entity, where the AED is located, and how the use of the AED is to be coordinated with the local emergency medical service system.

An individual who provides emergency care or treatment by using an AED in compliance with [sections 2 through 7] and an individual providing CPR to an individual upon whom an AED is or may be used are immune from civil liability for a personal injury that results from that care or treatment or from civil liability as a result of any act or failure to act in providing or arranging further medical treatment for the individual upon whom the AED was used unless the individual using the AED or the person providing cardiopulmonary resuscitation, as applicable, acts with gross negligence or with willful or with wanton disregard for the care of the person upon whom the AED is or may be used.
The following individuals or entities are immune from civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if applicable provisions of [sections 2 through 7] have been met by the individual or entity.

1. The physician supervising the AED program or the person designated by a physician to supervise the program.
2. The entity responsible for the AED program.
3. An individual providing training to others on the use of an AED.

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Nebraska

Legislative Bill 498 (1999)

• Provides that persons who acquire an AED must ensure that each user is appropriately trained in its use under guidelines established by the Department of Health and Human Services Regulation and Licensure (R & L) and that the AED is maintained and tested according to manufacturer’s guidelines.
• Grants immunity from civil liability for anyone who delivers emergency care or treatment using an AED in good faith as prescribed in the bill.
• States that anyone placing an AED must notify his or her local EMS. They also need to outline concise protocols.

Legislative Bill 996(2004)

• Deletes the limitation that an AED be used by only a healthcare professional
• Gives civil immunity for all persons, who in good faith, render care or treatment, using an AED.
• Transfers the responsibility of maintaining the AED to the person who acquires it. Back to Top

Nevada

Assembly Bill 147 (1997)
Any person in this state, who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.

Prospective AED users must complete an AED training course from the American Heart Association, American Red Cross, or other nationally equivalent organization. Back to Top

New Hampshire

Senate Bill 386 (2002)

• The owner of an AED shall register with the department of safety within 30 days of acquisition.
• User must have training in CPR and AED use. Back to Top

New Jersey

Chapter Law 34 of 1999
A person or entity that acquires an automated external defibrillator shall:

1. Ensure that any person, prior to using that defibrillator, has successfully completed and holds a current certification from the American Red Cross, American Heart Association or other training program recognized by the Department of Health and Senior Services in CPR and use of a defibrillator.
2. Ensure that the AED is maintained and tested according to the manufacturer’s operational guidelines;
3. Notify the appropriate first aid, ambulance or rescue squad or other appropriate emergency medical services provider that the person or entity has acquired the defibrillator, the type acquired and its location; and
4. Prior to purchasing the AED, provide the prescribing licensed physician with documentation that the person or entity purchasing the AED has a protocol in place to comply with the requirements of subsections 1, 2, and 3 of this section.

A person shall not use an AED unless he/she has successfully completed and holds a current certification from the American Red Cross, American Heart Association or other training program recognized by the Department of Health and Senior Services in CPR and use of an AED; provided however, this section shall not be applicable to a person who is licensed as a paramedic, emergency medical technician-D, or a first responder-D by the Department of Health and Senior Services.

Any person who uses an AED shall request emergency medical assistance from the appropriate first aid, ambulance or rescue squad as soon as practicable.

Any person or entity that, in good faith, acquires or provides an AED, renders emergency care or treatment by the use of an AED or supervises such care or treatment and, who has complied with the requirements of this act, shall be immune from civil liability for any personal injury as a result of such care or treatment, or as a result of any acts or omissions by the person or entity in providing, rendering or supervising the emergency care or treatment.

The immunity provided above shall include the prescribing licensed physician and the person or entity that provided the training in CPR and use of the AED.

This subsection shall not immunize a person for any act of gross negligence or willful or wanton misconduct. It shall not be considered gross negligence or willful or wanton misconduct to fail to use a defibrillator in the absence of an otherwise preexisting duty to do so.

New Mexico

House Bill 375 (1999)
A person who acquires an AED shall ensure that:

1. A physician medical director oversees all aspects of the AED program including training, emergency medical services, protocol approval, AED deployment strategies, and other program requirements, and that the physician medical director provides overall quality assurance and reviews each case in which the AED is used.
2. The trained target responder must have received appropriate training in CPR and use of an AED by a nationally recognized course.
3. The AED must be maintained and tested according to its manufacturer’s guidelines.
4. Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED activates the emergency medical system as soon as possible and reports any clinical use of the AED to the physician medical director.
5. The AED Program is registered with the Department using the application format outlined in Appendix A., and pay registration fees, as outlined in this regulation; report all operational uses of the AED to the Department using the reporting format outlined in Appendix B.

A physician medical director of an AED program, a person who provides training in CPR, and the use of an AED and a person responsible for an AED program are immune from civil liability for any personal injury or death that results from any act or failure to act that does not amount to willful or wanton misconduct or gross negligence provided there is compliance to the above regulations.

An owner of the property or facility where an AED is located is immune from civil liability for any personal injury or death that results from any act or failure to act that does not amount to willful or wanton misconduct or gross negligence provided there is compliance to the above regulations.
An AED targeted trained responder is immune from civil liability for any personal injury or death that results from an act or failure to act if:

1. The trained targeted responder acts as an ordinary, reasonable prudent person would act under the same or similar circumstances;
2. The trained targeted responder's act or failure to act does not amount to willful or wanton misconduct or gross negligence. Back to Top

New York

Public Health Law 3000
Possession and operation of an AED by a public access defibrillation provider shall comply with the following:

1. No person may operate an AED unless the person has successfully completed a training course in the operation of an AED approved by a nationally-recognized organization or the state emergency medical services council. However, this section shall not prohibit operation of an AED, by a
   1. Healthcare practitioner licensed under this article acting within his or her lawful scope of practice or
   2. A person acting pursuant to a lawful prescription.
2. The public access defibrillation provider shall cause the AED to be maintained and tested according to applicable standards of the manufacturer and any appropriate government agency.
3. The public access defibrillation provider shall notify the regional council of the existence, location and type of any AED it possesses.
4. Every use of an AED on a patient shall be immediately reported to the appropriate local emergency medical services system, emergency communications center or emergency vehicle dispatch center as appropriate and promptly reported to the emergency health care provider.
5. The emergency healthcare provider shall participate in the regional quality improvement program pursuant to subdivision one of section three thousand four-a of this article.
6. The public access defibrillation provider shall post a sign or notice at the main entrance to the facility or building in which the AED is stored, indicating the location where any such AED is stored or maintained in such building or facility on a regular basis .

Education Law 917
School districts, boards of cooperative educational services, county vocational education and extension boards and charter schools shall provide and maintain on-site in each instructional school facility AED equipment, as defined in paragraph (a) of subdivision one of section three thousand-b of the public health law, in quantities and types deemed by the commissioner in consultation with the commissioner of health to be adequate to ensure ready and appropriate access for use during emergencies.

Whenever public school facilities pursuant to subdivision one of this section are used for school sponsored or school approved curricular or extracurricular events or activities and whenever a school-sponsored athletic contest is held at any location, the public school officials and administrators responsible for such school facility or athletic contest shall ensure the presence of at least one staff person who is trained, pursuant to paragraph (a) of subdivision three of section three thousand-b of the public health law, in the operation and use of an AED. Where a school-sponsored competitive athletic event is held at a site other than a public school facility, the public school officials shall assure that AED equipment is provided on-site.

Public school facilities and staff pursuant to subdivisions one and two of this section shall be deemed a “public access defibrillation provider” as defined in paragraph (c) of subdivision one of section three thousand-b of the public health law and shall be subject to the requirements and limitations of such section.

Pursuant to section three thousand-a and three thousand-b of the public health law, any public access defibrillation provider, or any employee or other agent of the provider who, in accordance with the provisions of this section, voluntarily and without expectation of monetary compensation renders emergency medical or first aid treatment using an AED which has been made available pursuant to this section, to a person who is unconscious, ill or injured, shall be liable only pursuant to section three thousand-a of the public health law.

New York AED Website

North Carolina

Senate Bill 1269 (2000)
The person who provides the CPR and AED training to a person using an AED, the person responsible for the site where the AED is located when the person has provided for a program of training, and a North Carolina licensed physician writing a prescription without compensation for an AED whether or not required by any federal or state law, shall be immune from civil liability arising from the use of an AED used in accordance with subsection (c). Back to Top

North Dakota

Century Code 32-03.1-02.3
Every person who acquires an automated external defibrillator shall:

1. Require every individual expected to use the AED to 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. Maintain and test the AED according to the manufacturer's operational guidelines.
3. Establish an AED use protocol that provides any person who provides emergency care or treatment to an individual in cardiac arrest by using the AED shall contact as soon as possible an appropriate health care provider or emergency medical services provider.
4. Consider recommendations of a licensed physician in establishing the training, notification, and maintenance requirements of this subsection.

Any person who in good faith and without compensation provides emergency care or emergency treatment by using an AED is immune from civil liability for any personal injury resulting from the emergency care or emergency treatment and for any act or failure to act in providing or arranging further medical treatment if the person providing the emergency care or emergency treatment acted as an ordinary, reasonable, prudent person would act under the same or similar circumstances. This subsection does not apply if a personal injury results from the gross negligence or from the willful or wanton misconduct of the person providing the emergency care or emergency treatment.

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

Ohio

House Bill 717 (1998)
Except in the case of willful or wanton misconduct, no physician shall be held liable in civil damages for injury, death, or loss to person or property for providing a prescription for an AED approved for use as a medical device by the United States food and drug administration or consulting with a person regarding the use and maintenance of a defibrillator.

Except in the case of willful or wanton misconduct, no person shall be held liable in civil damages for injury, death, or loss to person or property for providing training in automated external defibrillation and CPR.

A person who possesses an AED shall do all of the following:

1. Require expected users to complete successfully a course in automated external defibrillation and CPR that is offered or approved by the American Heart Association or another nationally recognized organization.
2. Maintain and test the defibrillator according to the manufacturer's guidelines.
3. Consult with a physician regarding compliance with the requirements previously mentioned.

A person who possesses an AED may notify an emergency medical services organization of the location of the defibrillator.

A person who has obtained appropriate training on how to perform automated external defibrillation and has successfully completed a course in CPR may perform automated external defibrillation, regardless of whether the person is a physician, registered nurse, licensed practical nurse, or emergency medical service provider. When automated external defibrillation is not performed as part of an emergency medical services system or at a hospital as defined in section 3727.01 of the Revised Code, an emergency medical services system shall be activated as soon as possible. Back to Top

Oklahoma

House Bill 1190 (1999)
Any person or entity who, in good faith and without expectation of compensation, renders emergency care or treatment outside of a medical facility, by the use of an AED, or the entity to whom the device is registered shall be immune from civil liability for any personal injury as a result of such care or treatment or failure to act in providing or arranging further medical treatment or care for the injured person except for acts of gross negligence or willful or wanton misconduct.

A person or entity acquiring an AED shall comply with the following provisions:

1. Ensure that expected defibrillator users receive reasonable training in defibrillator use and CPR by a national or state-approved course and instructor. The user of a defibrillator shall possess demonstrated proficiency in defibrillator use and CPR,
2. Ensure that the defibrillator is maintained and tested according to the manufacturer’s operational guidelines,
3. Enlist medical direction by a licensed physician in the use of the defibrillator and CPR
4. A person or entity in possession of a defibrillator shall notify the ambulance service provider that serves the area where the person or entity is located.

Upon the use of an AED in an emergency care situation, the person or entity to whom the device is registered must immediately notify emergency authorities of its use. Back to Top

Oregon

ORS 30.802 Liability for use of automated external defibrillator, AED

(1) As used in this section: (a) 'Automated external defibrillator' means an automated external defibrillator approved for sale by the federal Food and Drug Administration; (b) 'Public setting' means a location that is:
(A) Accessible to members of the general public, employees, visitors and guests, but that is not a private residence;
(B) A public school facility as defined in ORS 327.365; or
(C) A health club as defined in ORS 431.680.

(2) A person may not bring a cause of action against another person for damages for injury, death or loss that result from acts or omissions involving the use, attempted use or nonuse of an automated external defibrillator when the other person: (a) Used or attempted to use an automated external defibrillator; (b) Was present when an automated external defibrillator was used or should have been used; (c) Provided training in the use of an automated external defibrillator; (d) Is a physician and provided services related to the placement or use of an automated external defibrillator; or (e) Possesses or controls one or more automated external defibrillators placed in a public setting and reasonably complied with the following requirements:

(A) Maintained, inspected and serviced the automated external defibrillator, the battery for the automated external defibrillator and the electrodes for the automated external defibrillator in accordance with guidelines set forth by the manufacturer.

(B) Ensured that a sufficient number of employees received training in the use of an automated external defibrillator so that at least one trained employee may be reasonably expected to be present at the public setting during regular business hours.

(C) Stored the automated external defibrillator in a location from which the automated external defibrillator can be quickly retrieved during regular business hours.

(D) Clearly indicated the presence and location of each automated external defibrillator.

(E) Established a policy to call 9-1-1 to activate the emergency medical services system as soon as practicable after the potential need for the automated external defibrillator is recognized.

(3) The immunity provided by this section does not apply if: (a) The person against whom the action is brought acted with gross negligence or with reckless, wanton or intentional misconduct; (b) The use, attempted use or nonuse of an automated external defibrillator occurred at a location where emergency medical care is regularly available; or (c) The person against whom the action is brought possesses or controls one or more automated external defibrillators in a public setting and the person's failure to reasonably comply with the requirements described in subsection (2)(e) of this section caused the alleged injury, death or loss.

(4) Nothing in this section affects the liability of a manufacturer, designer, developer, distributor or supplier of an automated external defibrillator, or an accessory for an automated external defibrillator, under the provisions of ORS 30.900 to 30.920 or any other applicable state or federal law. See full statute

New Oregon Law will require AED's in buildings greater than 50,000 square feet - Effective January 2010

passed in 2009, requires certain "public assembly areas" to have AEDs. Facilities 50,000 sq. ft. and larger and at least 25 people during business hours, including commercial, office, retail, deliberation, and transportation uses (e.g., shopping malls, large retail stores, office buildings, transportation terminals). The law is effective January 1, 2010; rule-making is in progress. Oregon SB566 See full requirement

(8) AUTOMATIC EXTERNAL DEFIBRILLATOR (AED). By June 1, 2009, all residential camps with 100 or more campers and staff on-site at any one time must have at least one AED with pediatric capability, located at the camp. The camp operator must comply with the following:

(a) Each AED must have documented maintenance inspections and service records, including the battery and electrodes according to the guidelines set forth by the manufacturer.

(b) Equipment to be stored with the AED must include scissors, CPR face mask, protective gloves, a disposable razor for removing excess hair, and an absorbent cloth or pad.

(c) There must be a sufficient number of staff trained in the use of the AED so that there is at least one trained adult on-site whenever the camp is used for more than three consecutive nights for the normal camp programs or by a contract or rental group.

(d) The AED must be stored in a central location where the AED is accessible and can be quickly retrieved.

(e) Signage must be provided that indicates the location of the AED.

(f) A policy must be developed for the use of the AED, including the need to contact 911 as soon as possible. This policy should be made available to camp staff and must be posted with the AED.

Note: It is recommended that all camps consider obtaining AEDs, in compliance with sections (5)(a) through (5)(f), as their budget allows.

Note: Section 2, chapter 62, Oregon Laws 2010, provides:

Sec. 2. A school in a school district, private school or public charter school shall comply with section 1 of this 2010 Act [339.345] on or before January 1, 2015. [2010 c.62 §2]

339.350 [1965 c.100 §295; repealed by 1973 c.728 §6]

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Pennsylvania

House Bill 1897 (1997)
Any individual who is trained to use an in accordance with subsection C and who in good faith uses an AED in an emergency shall not be liable for any civil damages as a result of any acts or omissions by such individual in using the AED, except any acts or omissions intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the individual receiving the AED treatment.

Any person who acquires and maintains an AED for use in accordance this section shall not be liable for civil damages provided that the person:

1. Ensures that expected AED users receive training pursuant to subsection C.
2. Maintains and tests the AED according to the manufacturer’s operational guidelines.
3. Provides instruction requiring the user of the AED to utilize available means to immediately contact and activate the emergency medical services system.
4. Assures that any appropriate data or information is made available to emergency medical services personnel or other health care providers as requested.

Expected AED users shall complete training in the use of an AED provided by the American Red Cross or the American Heart Association or through an equivalent course of instruction approved by the Department of Health in consultation with a technical committee of the Pennsylvania Emergency Health Services Council.

Any individual who lacks the training set forth in subsection C, but who has access to an AED and in good faith uses and AED in an emergency as an ordinary reasonably prudent individual would do under the same or similar circumstances, shall receive immunity from civil damages as set forth in subsection A. Back to Top

Rhode Island

Senate Bill 879 (1999)
No person, whether acting in an official capacity or as a private volunteer, who gratuitously renders emergency assistance in the nature of CPR or automated external defibrillation to a person in need thereof, shall be liable for civil damages for any personal injuries which result from acts or omissions by such persons rendering the emergency care, which may constitute ordinary negligence; provided, however, that this immunity applies only to persons who have been trained in accordance with standards promulgated by either the American Heart Association or the American National Red Cross. This immunity does not apply to acts or omissions constituting gross, willful, or wanton negligence. This immunity shall also extend to persons providing approved training in cardiopulmonary resuscitation and use of automated external defibrillation in accordance with standards promulgated by either the American Heart Association or the American Red Cross and to physicians providing medical direction oversight for programs of AED use. Back to Top

South Carolina

Section 44-76-30 of South Carolina’s Code
A person or entity that acquires an AED shall:

1. Require its designated AED users to have current training in CPR and AED use by the American Heart Association, American Red Cross, or National Safety Council;
2. Maintain and test the AED according to the manufacturer’s operational guidelines and keep written records of maintenance and testing;
3. Employ or obtain a healthcare professional to serve as its AED liaison;
4. Have in place an AED program approved by its AED liaison which includes CPR and AED training, AED protocol or guidelines, AED deployment strategies, and an AED equipment maintenance plan;
5. Include in its AED protocol or guidelines that a person who renders emergency care or treatment to a person in cardiac arrest caused by ventricular fibrillation/tachycardia by using an AED must activate the emergency medical services system or 911 as soon as possible;
6. Report any clinical use of the AED to the AED liaison.

Any person or entity acting in good faith and gratuitously shall be immune from civil liability for the application of an AED unless the person was grossly negligent in the application.

Any designated AED users meeting the requirements of Section 44-76-30(1) and acting according to the required training shall be immune from civil liability for the application of an AED unless the application was grossly negligent.

A person or entity acquiring an AED and meeting the requirements of Section 44-76-30 or an AED liaison meeting the requirements of Section 44-76-30 shall be immune from civil liability for the application of an AED by any person or entity described in items (1) or (2) of this section.

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South Dakota

Senate Bill 83 (1999)
Any person, who in good faith obtains an AED for use in providing emergency care or treatment, is immune from civil liability for any injury as a result of such emergency care or treatment or as a result of an act or failure to act in providing or arranging such medical treatment. This immunity applies only if the following requirements are fulfilled:

1. The person tests and maintains the AED, or arranges to have such testing and maintenance performed on the AED pursuant to the AED manufacturer's specifications;
2. The person involves a physician to authorize in writing AED placement and compliance with the requirements for AED training, notification of placement and use, and maintenance;
3. An emergency medical services system is activated when an AED has been used to render emergency care or treatment; and
4. The person has reported any emergency use of the AED to the physician. Section 3. Any physician who provides those services stated in subdivision (2) of section 2 of this Act is immune from civil liability for any personal injury that occurs as a result of emergency care or treatment rendered using the AED or as a result of an act or failure to act in providing or arranging such medical treatment.

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

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

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

Tennessee

Senate Bill 1158 (1999)
In order for entity to use or allow the use of an automated external defibrillator, the entity shall:

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

Texas

Texas Statute Chapter 779 001-008
A person or entity that acquires an AED shall ensure that:

1. Each user of the AED receives training given or approved by the Texas Department of Health in CPR and use of the AED.
2. A licensed physician is involved in the training program to ensure compliance with the requirements of this chapter.
3. The Texas Department of Health shall adopt rules establishing the minimum requirements for the training required by this section. In adopting rules under this section, the Texas Department of Health shall consider the guidelines for AED training approved by the American Heart Association, the American Red Cross, or another nationally recognized association.

A person or entity that owns or leases an AED shall maintain and test AED according to the manufacturer’s guidelines.

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

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

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

Each person or entity, other than a licensed practitioner, that acquires an AED shall ensure that:

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

A person who in good faith administers emergency care, including using an AED, at the scene of an emergency but not in a hospital or other health care facility or means of medical transport is not liable in civil damages for an act performed during the emergency unless the act is willfully or wantonly negligent.

Texas Implements AED Legislation September, 2009 - Texas House Bill 392, which requires the placement of an Automated External Defibrillation (AED) in all nursing homes and related institutions, goes into effect on September 1, 2009. In 2008, Texas nursing homes served more than 56,000 Texans, some of whom are among the most vulnerable and medically fragile citizens of the state. However, as of 2002, only 4 percent of nursing homes had an AED in their facility. On average among this population, the survival rate of cardiac arrest outside of a hospital without the use of an AED or CPR is about 6 percent. Read Texas HB 392Back to Top

Utah

See the full AED Law regarding AED's in the state of Utah.

**ALL AED"S in the state of Utah are required to be reported in accordance with Utah 26-8b-301.

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Vermont

Vermont Statute Title 18, Chapter 17
No person may operate an AED unless the person has successfully completed a training course in the operation of the AED approved by the American Red Cross, the American Heart Association, or by the department, in cardiopulmonary resuscitation and use of a defibrillator. The department of health may provide periodic training bulletins and other information to persons owning and using the AED. The training course in cardiopulmonary resuscitation (CPR) and in the use of an AED shall be either a course offered by the American Heart Association or the American Red Cross. A person using an AED shall be certain that emergency personnel have been summoned by calling 911. This prohibition and training requirement shall not apply to a health care provider, as defined in section 9432(8) of this title, if the person has received appropriate training in the use of the AED as part of his or her education or training.

Any person who owns or leases an AED shall:

1. Maintain a relationship with a physician to provide technical assistance and consultation regarding the selection and location of an AED, training of potential operators, protocols for use, and individual case review.
2. Notify the department of the existence, location, and type of device it possesses; and
3. Maintain and test the device in accordance with the applicable standards of the manufacturer and any rule adopted by the department.

Any person, other than a person defined as a healthcare provider by section 9432(8) of this title, who acts in good faith and has complied in all material respects with the requirements of subsections (b) and (c) of this section and who renders emergency care by the use of an AED, acquires an AED, or is a licensed physician providing technical assistance to a person acquiring an AED, shall not be liable for civil damages for that person's acts or omissions unless those acts or omissions were grossly negligent or willful and wanton. Back to Top

Virginia

House Bill 1860 (2003)

• Eliminates the requirement for the registration of AEDs.
• Urges the public to receive training on how to use CPR and AED in order to acquire the skills and confidence to respond to emergencies using both CPR and an AED.

Code of Virginia 8.01-225
Operates an AED at the scene of an emergency, trains individuals to be operators of AEDs, or orders AEDs, shall be immune from civil liability for any personal injury that results from any act or omission in the use of an automated external defibrillator in an emergency where the person performing the defibrillation acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances, unless such personal injury results from gross negligence or willful or wanton misconduct of the person rendering such emergency care.

House Bill 2097 (1999)
All operators of the AED shall be required to receive and successfully complete training in CPR and in the use of AEDs in a course which has been approved by the Board of Health.

The defibrillator shall be maintained and tested in compliance with the manufacturer's operational guidelines and any Board regulations and written records of such maintenance and testing shall be kept.

A licensed physician shall supervise the defibrillation program, including personnel training, local emergency medical services coordination, protocol approval, AED deployment strategies, and an equipment maintenance plan and records. Back to Top

Washington

Revised Code of Washington
A person or entity who acquires a defibrillator shall ensure that:

1. Expected AED users receive reasonable instruction in AED use and CPR by a course approved by the department of health;
2. The AED is maintained and tested by the acquirer according to the manufacturer’s operational guidelines;
3. Upon acquiring an AED, medical direction is enlisted by the acquirer from a licensed physician in the use of the AED and CPR.
4. The person or entity who acquires an AED shall notify the local emergency medical services organization about the existence and the location of the defibrillator; and
5. The AED user shall call 9-1-1 or its local equivalent as soon as possible after the emergency use of the defibrillator and shall assure that appropriate follow-up data is made available as requested by emergency medical service or other health care providers.

A person who uses an AED at the scene of an emergency and all other persons and entities providing services under this section are immune from civil liability for any personal injury that results from any act or omission in the use of the AED in an emergency setting. The immunity from civil liability does not apply if the acts or omissions amount to gross negligence or willful or wanton misconduct. See the full statute

WAC 246-817-722 Every dental office in the state of Washington that administers anesthetic must have an automatic external defibrillator (AED) or defibrillator. The dentist and staff must be prepared to use this equipment in an emergency. See the latest news on this requirement

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West Virginia

House Bill 2269 (1999)
An entity providing an early defibrillation program shall:

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

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

1. The person, entity, certified trainer or medical director of the early defibrillation program is in compliance with the provisions of section three of this article; and
2. he person is an operator of an AED who gratuitously and in good faith rendered emergency medical care, pursuant to the requirements of section three of this article, other than in the ordinary course of the person’s employment or profession. Back to Top

Wisconsin

Wisconsin Statutes Chapter 146

• AED owners must provide written notification to the EMS program and make sure that the AED is maintained and tested according to the manufacturer’s guidelines.
• Prospective AED users must complete a training course approved by the Department of Health and Family Services. Back to Top

Wyoming

House Bill 0178 (1999)
In order to ensure public health and safety, any person who acquires an AED shall ensure that:

1. Expected defibrillator users receive appropriate training in CPR and in the use of an AED by the American Heart Association, American Red Cross or by another nationally recognized, or Wyoming department of health recognized, course in CPR and AED use and maintains currency through refresher training every two 2 years;
2. The AED is maintained and tested according to the manufacturer’s guidelines;
3. There is involvement of a licensed physician to ensure compliance with requirements for training, emergency medical services notification and maintenance.

Any person who acquires an AED shall notify an agent of the emergency communications center and the local ambulance service of the existence, location and type of AED.

Any person trained in accordance with W.S. 35-25-102(a) 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, where the person's actions do not amount to willful or wanton misconduct or gross negligence.

The prescribing physician who authorizes the purchase of the AED, the individual who provides training in cardiopulmonary resuscitation (CPR) and the use of an AED, and the person responsible for the site where the AED is located shall also be immune from civil liability for any personal injury that results from any act or omission of acts that do not amount to willful or wanton misconduct or gross negligence if that person complies with the requirements of W.S. 35-25-102.

Any clinical use of the AED shall be reported to the licensed physician. Back to Top

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