AED PROGRAM RULES

Know the Rules to Follow the Rules

So, you have AEDs in your organization

Did you know there are AED program rules (standards + laws) for your organization to follow? Such as:

Being properly prepared for sudden cardiac arrests
Responsibly performing during a sudden cardiac arrest
Doing all tasks required by AED laws
See more here

To follow the rules, you must know the rules . . .

And AED program rules are complicated.

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Why follow the rules?

So you can:

Responsibly design, set up and operate your AED program
Prove you are compliant with the rules (industry standards + AED laws)
Defend yourself in court if you get sued and avoid a financial penalty

Readiness Systems will help you know the rules, to follow the rules

AED Program Rules = Industry Standards
+ AED Laws

Industry Standards

What are they?
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A set of guidelines for organizing the people, systems, equipment and activities of your AED program
A set of practices ensuring you perform responsibly during a sudden cardiac arrest

These standards apply to every organization having AEDs (though your specific practices will vary)

How do you learn them?

Get and read the national AED Program Design Guidelines™.

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Most AED programs operate on an ad-hoc basis

Readiness Systems wrote national AED Program Design Guidelines completely defining industry standards. No other published national standards exist. These Guidelines describe what you need to design, maintain and operate your AED program responsibly.

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Know the standards to follow the standards.

How do you prove you’re compliant with industry standards?

Design and document your complete AED program to follow the Guidelines.

Readiness Systems can design your complete AED program

We’ll collaborate with you to define and document all AED program components.

Learn How

Why comply with industry standards?

To be prepared for sudden cardiac arrests in your organization
To perform responsibly during sudden cardiac arrests
To defend yourself in court if something goes wrong and you get sued

That’s why.

AED Laws

What are they?

A set of state statutes and regulations defining how to own, place and use AEDs.

These include:
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Things you must do to administer and operate your AED program. Such as: maintain AEDs, train people, receive medical direction, report to agencies, and more.
Legal protections for your organization and people when reasonably trying to help someone having cardiac arrest (Good Samaritan immunity)
Types of organizations that must have AEDs. Such as: health clubs, schools, high-population buildings, and others.

Every state’s AED laws are different.

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AED laws ARE NOT industry standards

You can comply with AED laws and still not be properly prepared for a sudden cardiac arrest. Thus, you can follow the laws, perform poorly because you don’t follow industry standards, and get sued.

Why comply with AED laws?

To ensure your AED program is complete
To help you get Good Samaritan legal protections
To defend yourself in court if you get sued

How do you prove you’re compliant with AED laws?

Properly do what’s required as described by the AED laws
Document you are compliant, to prove you are compliant

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Be compliant, be prepared

Lawyers suing you will try to use AED law non-compliance against you. They will try to convince a court you should pay a financial penalty because you didn’t do what AED laws say.

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Know the laws to follow the laws.

How do you learn the AED laws?

Subscribe to the AED Law Center™ to know the laws for your state.

Subscribe Now

AED Law Center

Your online information resource to help you:
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Learn the AED laws for any state
Understand the AED laws in plain English
Stay informed about any and all pending AED legislation, nationwide

What’s Included

AED Laws

Learn the laws

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Full versions of AED laws (statutes and regulations) for every state.

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These describe what you must know and do to operate your AED program, legally and responsibly; what liability protections are available; and what types of organizations must have AEDs.

View Sample

AED Law Profiles

Understand the laws

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Clear, authoritative analysis and explanations of laws for every state. In plain English.

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These include:

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AED Law Summaries: A high-level overview of each state’s AED laws.

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Administrative and Operational Requirements: Description of those things you must do to administer and operate your AED program.

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Liability Protection: Explanation of what Good Samaritan immunity protections are (or are not) available for your AED program and people.

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AED Deployment Mandates: A list of types of organizations, if any, required to have AEDs.

View Sample

AED Legislation Tracking

Stay informed of changes to the laws

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Legislation and regulation tracking system watching for changes to each state’s AED laws.

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Readiness Systems monitors this activity and updates the tracking database every day.

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Receive notifications when laws are added or changed. Cool, huh?

View Sample

Contact us to schedule an AED Law Center demo.

Who needs the AED Law Center?

AED owners and program managers to learn what things they must do and document
AED manufacturers and distributors to learn which types of organizations must have AEDs and what they must do when selling AEDs
AED trainers to know which states require AED training and who must receive training
Policymakers and regulators to learn how to improve AED laws
Lawyers to best advise you about your AED program. And, to advise the court if something goes wrong and there is a lawsuit.
Media to accurately report on AED programs and activities

Why the AED Law Center?

To have current, accurate and complete information

Only the AED Law Center has complete, up-to-date AED laws to help you become and stay compliant.

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Buyer beware

You can find “free AED law information” on the internet. But really, how “free” is information that is incomplete, inaccurate and unreliable?

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Too much is at stake for being and proving you’re compliant.

Want immediate access to the AED Law Center online database?

Subscribe Now

The AED Law Center is published and managed by:

READINESS SYSTEMS, LLC
Email: info@readisys.com | Phone: (855) 291-9100 | Web: www.readisys.com

SAMPLE STATE AED LAWS

(not current – example only)

[State Name] AED Laws (sample – not intended to be relied upon)

STATUTES

[State Name] Code | 20-13-1302. Legislative intent.

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

[State Name] Code | 20-13-1303. Definitions.

As used in this subchapter:

(1) “Automated external defibrillator” means a device that:

(A) Is used to administer an electric shock through the chest wall to the heart;

(B) Has built-in computers within the device to assess the patient’s heart rhythm, judge whether defibrillation is needed, and then administer the shock;

(C) Has audible or visual prompts, or both, to guide the user through the process;

(D) Has received approval from the United States Food and Drug Administration of its premarket modification, filed pursuant to 21 U.S.C. § 360(k);

(E) Is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia and is capable of determining without intervention by an operator whether defibrillation should be performed; and

(F) Upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual’s heart or charges and delivers an electrical impulse at the command of the operator;

(2) “Cardiac arrest” means a condition, often sudden, that is due to abnormal heart rhythms called arrhythmias. It is generally the result of some underlying form of heart disease;

(3) “Cardiopulmonary resuscitation” means a combination of rescue breathing and chest compressions and external cardiac massage used to sustain a person’s life until advanced assistance arrives;

(4) “Defibrillation” means administering an electrical impulse to an individual’s heart in order to stop ventricular fibrillation or rapid ventricular tachycardia;

(5) “Emergency medical services” means the transportation and medical care provided the ill or injured prior to arrival at a medical facility by a certified emergency medical technician or other health care provider and continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility;

(6) “Person” means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not; and

(7) “Ventricular fibrillation” means the most common arrhythmia that causes cardiac arrest. It is a condition in which the heart’s electrical impulses suddenly become chaotic, of ten without warning, causing the heart’s pumping action to stop abruptly.

[State Name] Code | 20-13-1304. Access by the public to defibrillators.

(a) In order to ensure the public health and safety, a person or entity that acquires an automated external defibrillator shall ensure that:

(1) Expected automated external defibrillator users complete appropriate knowledge and skills courses at least one (1) time every two (2) years in cardiopulmonary resuscitation and automated external defibrillator use based upon current American Heart Association scientific guidelines, standards, and recommendations for providing cardiopulmonary resuscitation and the use of automated external defibrillators as published in American Heart Association, American Red Cross, or equivalent course materials;

(2) The defibrillator is maintained and tested according to the manufacturer’s operational guidelines and instructions; and

(3) Any person who renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical services system as soon as possible and immediately reports any clinical use of the automated external defibrillator to the medical provider responding to the emergency.

(b) Any person or entity that acquires an automated external defibrillator shall notify an agent of emergency communications, 911, or vehicle dispatch center of the existence, location, and type of automated external defibrillator.

[State Name] Code | 20-13-1305. Automated external defibrillator use and tort immunity.

(a) Any person or entity that in good faith and without compensation renders emergency care or treatment by the use of an automated external defibrillator is immune from civil liability for any personal injury as a result of the care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.

(b) The immunity from civil liability for any personal injury under subsection (a) of this section includes:

(1) A physician or medical facility that is involved with automated external defibrillator placement;

(2) Any person or entity that provides cardiopulmonary resuscitation and automated external defibrillator training to the person or entity acquiring an automated external defibrillator; and

(3) The person or entity responsible for the location where the automated external defibrillator is located or used.

(c) The immunity from civil liability under subsection (a) of this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care.

(d) The requirements of § 20-13-1304 do not apply to any individual using an automated external defibrillator in an emergency setting if that individual is acting as a “Good Samaritan” under the provisions of either § 17-95-101 or § 17-95-106.

[State Name] Code | 20-13-1306. Health spas.

(a) As used in this section, “health spa” means any person, firm, corporation, organization, club, or association engaged in the sale of:

(1) Memberships in a program of physical exercise that includes the use of one (1) or more sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device; or

(2) The right or privilege to use exercise equipment or facilities such as a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device, including, but not limited to:

(A) For-profit businesses, firms, corporations, organizations, clubs, or associations;

(B) Bona fide nonprofit organizations, including, but not limited to, the Young Men’s Christian Association, Young Women’s Christian Association, or similar organizations whose functions as health spas are only incidental to the overall functions and purposes;

(C) Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate;

(D) Any college or university fitness center;

(E) Any country club; or

(F) Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months.

(b)(1) Each health spa shall have at least one (1) automated external defibrillator on the premises.

(2) The defibrillator shall at all times be placed in the location that best provides accessibility to staff, members

(3) At all times during staffed business hours, the spa shall ensure that at least one (1) employee who has completed a knowledge and skills course in operating an automated external defibrillator and in cardiopulmonary resuscitation is assigned to be on duty.

(4) An unstaffed health spa shall have on the premises:

(A) A telephone for 911 telephone call access;

(B) An advisory warning that indicates that members of the unstaffed health spa should be aware that working out alone may pose risks to the health spa member’s health and safety; and

(C) In plain view:

(i) A sign indicating the location of the automated external defibrillator; and

(ii) A sign providing instruction in the use of the automated external defibrillator and in cardiopulmonary resuscitation.

(c) No cause of action against a health spa or its employees may arise in connection with the use or nonuse of an automated external defibrillator unless the health spa has:

(1) Failed to purchase an automated external defibrillator as required under this section; or

(2) Acted with gross negligence in the use of an automated external defibrillator.

(d) If a health spa does not comply with this section, any contract for health spa services shall be voidable at the option of the buyer.[State Name] Code | 6-10-122. Automated external defibrillators required.

(a)(1) The State Board of Education shall promulgate rules to require that:

(A) Each school campus have an automated external defibrillator; and

(B)(i) Appropriate school personnel be adequately trained on or before May 31, 2011; and

(ii) After May 31, 2011, appropriate school personnel be adequately trained on an ongoing basis.

(2) To enhance the potential life-saving capability of each automated external defibrillator, the rules shall include without limitation provisions regarding the availability of the school’s automated external defibrillator at school-related activities, such as athletic events.

(b) To minimize the financial impact on school districts, each school district may apply for a grant from the Department of Health to purchase an automated external defibrillator or related equipment or to provide training to its personnel, or any combination of purchase of an automated external defibrillator or related equipment or provision of training to personnel.

(c) Beginning in 2011, the Commissioner of Education shall provide a report to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor on or before July 1 each year regarding the implementation of this section and the status of automated external defibrillator availability on each school campus.

[State Name] Code | 6-10-123. School-based automated external defibrillator and cardiopulmonary resuscitation programs.

(a) The State Board of Education, after consultation with the Department of Health, shall develop rules based on guidelines for automated external defibrillator and cardiopulmonary resuscitation training that incorporates at least the following:

(1) Health care provider oversight, including planning and review of the selection, placement, and maintenance of automated external defibrillators;

(2) Appropriate training of anticipated rescuers in the use of the automated external defibrillator and in cardiopulmonary resuscitation;

(3) Testing of psychomotor skills based on the American Heart Association scientific guidelines, standards, and recommendations for the use of the automated external defibrillator, as they existed on January 1, 2009, and for providing cardiopulmonary resuscitation as published by the American Heart Association, American Red Cross, or in equivalent course materials, as they existed on January 1, 2009;

(4) Coordination with the emergency medical services system; and

(5) An ongoing quality improvement program to monitor training and evaluate response with each use of the automated external defibrillator.

(b) Automated external defibrillator and cardiopulmonary resuscitation training shall count fully toward the existing professional development requirements for teachers and school personnel.

[State Name] Code | 6-16-142. Cardiopulmonary resuscitation instruction.

(a) Beginning with the 2014-2015 school year, a public school student in grades nine through twelve (9-12) shall be trained in quality psychomotor skill bases in cardiopulmonary resuscitation before the student graduates from high school.

(b) The course shall not be a certification process but shall follow the standards established by the American Heart Association, the American Red Cross, or another nationally recognized organization that uses current, evidence-based emergency cardiac care guidelines and incorporates psychomotor skill development in the instruction and the use of automated external defibrillators.

REGULATIONS

[State Name] Code of Regulations | 005.01.016 Section 2.00 Purpose.

2.01 The purpose of this rule is to require schools to have Automated External Defibrillators if funds are available as required by 5.01.

[State Name] Code of Regulations | 005.01.016 Section 3.00 Definitions.

3.01 “Automated External Defibrillator” — A device that is used to administer an electric shock through the chest wall to the heart; has built in computers within the device to assess the patient’s heart rhythm, judge whether defibrillation is needed, and then administer the shock; has audible or visual prompts, or both, to guide the user through the process; has received approval from the United States Food and Drug Administration of its premarket modification, filed pursuant to 21 U.S.C. § 360(k); is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia and is capable of determining without intervention by an operator whether defibrillation should be performed; and upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual’s heart or charges and delivers an electrical impulse at the command of the operator.

3.02 “Cardiac arrest” means a condition, often sudden, that is due to abnormal heart rhythms called arrhythmias. It is generally the result of some underlying heart disease.

3.03 “CPR” means a combination of rescue breathing and chest compressions and external cardiac massage used to sustain a person’s life until advanced assistance arrives.

3.04 “Defibrillation” means administering an electrical impulse to an individual’s heart in order to stop ventricular fibrillation or rapid ventricular tachycardia.

3.05 “Ventricular fibrillation” means the most common arrhythmia that causes cardiac arrest. It is a condition in which the heart’s electrical impulses suddenly become chaotic; often without warning, causing the heart’s pumping action to stop abruptly.

[State Name] Code of Regulations | 005.01.016 Section 4.00 Automated External Defibrillator Requirements.

4.01 Schools are required to have an automated external defibrillator if funds are available as required by 5.01.

4.02 Schools that acquire an automated external defibrillator must ensure that expected automated external defibrillator users complete appropriate knowledge and skills courses at least once every two (2) years in CPR and automated external defibrillator use based upon current American Heart Association scientific guidelines, standards, and recommendations for providing CPR and the use of automated external defibrillators as published in American Heart Association, American Red Cross, or equivalent course materials.

4.03 Schools that acquire an automated external defibrillator must ensure that the defibrillator is maintained and tested according to the manufacturer’s operational guidelines and instructions.

4.04 Any person who renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical services system as soon as possible and immediately reports any clinical use of the automated external defibrillator to the medical provider responding to the emergency.

4.05 Schools that acquire an automated external defibrillator must notify an agent of emergency communications, 911, or vehicle dispatch center of the existence, location, and type of automated external defibrillator.

4.06 Pursuant to [State Name] Code Ann. § 20-13-1305(a), any person who in good faith and without compensation renders emergency care or treatment using an automated external defibrillator is immune from civil liability for any personal injury as a result of the care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment, if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.

[State Name] Code of Regulations | 005.01.016 Section 5.00 Funding.

5.01 Districts are required to comply with these Rules to the extent that appropriations have been made by the General Assembly to cover the expenditures required by the districts to purchase automated external defibrillators.

AED PROGRAM RULES

So, you have AEDs in your organization

Why follow the rules?

Readiness Systems will help you know the rules, to follow the rules

AED Program Rules = Industry Standards + AED Laws

Industry Standards

What are they?–

How do you learn them?

Most AED programs operate on an ad-hoc basis

How do you prove you’re compliant with industry standards?

Readiness Systems can design your complete AED program

Why comply with industry standards?

AED Laws

What are they?

AED laws ARE NOT industry standards

Why comply with AED laws?

How do you prove you’re compliant with AED laws?

Be compliant, be prepared

How do you learn the AED laws?

AED Law Center

What’s Included

AED Laws

Learn the laws

AED Law Profiles

Understand the laws

AED Legislation Tracking

Stay informed of changes to the laws

Contact us to schedule an AED Law Center demo.

Who needs the AED Law Center?

Why the AED Law Center?

To have current, accurate and complete information

Buyer beware

Want immediate access to the AED Law Center online database?

SAMPLE STATE AED LAWS

(not current – example only)

AED Program Rules = Industry Standards
+ AED Laws

What are they?
–