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.

Sample AED Law Profile

(not current – example only)

[State Name] AED Law Profile
AED LAW SUMMARY
[State Name] imposes maintenance, training, AED placement reporting, and EMS activation requirements on AED programs. Good Samaritan immunity protection may be available to all AED program participants but only for activities relating to the use of an AED – other AED program activities do not appear to be covered. The scope of conduct protected is unclear because of a poorly crafted law. Immunity is not conditioned upon compliance with specified administrative and operational requirements. [State Name] mandates that AEDs be placed in health clubs and certain schools.
ADMINISTRATIVE AND OPERATIONAL REQUIREMENTS
Background: AED laws may impose various administrative and/or operational requirements on AED owners, users, and sometimes others. These requirements may include maintenance, training, medical direction, administrative reporting, and others. Not all states impose administrative and/or operational requirements and the scope of requirements varies widely in states that do. The consequences of non-compliance may include the loss of Good Samaritan immunity protection or, in very limited circumstances, the imposition of administrative sanctions by a state agency. Plaintiffs lawyers may also try to use evidence of non-compliance as proof of negligence in AED-related lawsuits.
The following administrative and/or operational requirements apply to AED programs operating in this state.
Maintenance
AED acquirers must maintain and test AEDs according to manufacturers’ operational guidelines and instructions.
Training
AED acquirers must ensure that expected AED users receive appropriate CPR and AED training at least once every two years. Training is to be based upon current American Heart Association scientific guidelines, standards, and recommendations as published in American Heart Association, American Red Cross, or equivalent course materials. Students in grades 9-12 are required to take non-certification-based CPR and AED training.
Medical Direction
None specified.
AED Placement Reporting
AED acquirers must notify an agent of emergency communications, 911, or vehicle dispatch center of the existence, location, and type of AEDs it possesses.
Context: The law does not identify specific agencies to be notified or describe the purpose of notification. Nor does the law authorize or require a receiving agency to use reported AED location data for any purpose.
EMS Activation
AED acquirers must ensure that AED users activate the emergency medical services system as soon as possible and immediately report any clinical AED use to the medical provider responding to the emergency.
Context: With regard to EMS activation, this requirement places an unreasonable burden on AED acquirers. It is important to recognize that acquirers generally have no active control over AED users during sudden cardiac arrest emergencies. The EMS system may be reasonably and appropriately activated by an AED user or another person nearby.
Post-Event Reporting
None specified.
Program Documentation
None specified.
Other Requirements
None specified.
GOOD SAMARITAN IMMUNITY
Background: Where they exist, meaningful AED Good Samaritan immunity laws can help organizations more effectively defend against AED-related lawsuits. Good Samaritan laws don’t prohibit or prevent lawsuits from being filed but they do make them harder to win by protecting against liability for “mistakes” (ordinary negligence) AED programs may make. AED Good Samaritan laws can be strong or weak depending on how four key components of these laws are crafted. These components include the following:

• • Participants Identified: There are four categories of participants involved in AED programs – AED acquirers and those responsible for AED program sites, AED users (trained and/or untrained), CPR/AED trainers, and AED program medical directors. Strong laws identify all four while weaker laws limit the categories of participants protected.

• • Activities Protected: Strong laws protect a broad range of AED program activities while weak laws protect only activities involving the use of an AED. Because most AED lawsuits revolve around the non-use of an AED, limiting immunity protection to AED use only is a significant deficiency. Some laws are so poorly written that it is not possible to tell what activities are protected.

• • Conduct Protected: By definition, Good Samaritan laws make it more difficult to sue those involved with AED programs by protecting certain levels of misconduct from liability. Strong laws protect at least ordinary negligence (the failure to use reasonable care) from liability. Weak laws don’t. Some laws are so poorly written that it is not possible to tell what level of misconduct is protected.

• Conditional Immunity Limitation: Strong laws do not condition immunity on compliance with administrative and/or operational requirements that may be included in a state’s AED laws. Weak laws do condition immunity on compliance with such requirements.

When all four components are evaluated together, the unfortunate reality is that most states have weak AED Good Samaritan immunity laws. Below is a summary of this state’s AED Good Samaritan immunity laws.
Caveat: Whether and how AED Good Samaritan immunity laws apply in specific legal cases is complicated. This summary is intended as a general overview of the structure and content of this state’s AED-related immunity laws. It is the courts, however, that ultimately determine who qualifies for immunity protection and what types of activities and conduct are protected.
AED Program Participants Identified in this State’s Law Participants Included

• AED Acquirers or Persons Responsible for AED Program Sites
• AED Users
• CPR/AED Trainers
• AED Program Medical Directors

Participants Excluded

• None

AED Program Activities That May Qualify for Immunity Protection

• Only activities relating to the use of an AED appear to be protected in this state – other AED program activities do not appear to be covered (weak approach).

Degree of Conduct That May Qualify for Immunity Protection
Context: To offer meaningful protection, AED immunity laws must cover at least ordinary negligence (in simple terms, the failure to act reasonably but not so poorly as to rise to the level of gross negligence or willful or wanton misconduct).

• The degree of conduct that may qualify for immunity protection in this state is uncertain because of conflicting or poorly crafted provisions in the law (weak approach).

Conditional Immunity Limitation

• Immunity does not appear to be conditioned upon compliance with some or all of the administrative and/or operational requirements described in this state’s AED laws (strong approach).

AED DEPLOYMENT MANDATES The following types of organizations are mandated to have AEDs in this state:

• Health Clubs
• Schools – Type Not Specified or Unclear