Indiana State AED Law

 Good Samaritan Protection
Rescuer Purchaser Property Owner Physician Trainer
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A person who gratuitously renders emergency care involving the use of an automatic external defibrillator is immune from liability for any act or omission not amounting to gross negligence or willful or wanton misconduct if the person fulfills the requirements set forth in IC 16-31-6.5.
(d) This subsection applies to an individual, business, or organization to which IC 16-31-6.5 applies. An individual, business, or organization that allows a person who is an expected user to use an automatic external defibrillator of the individual, business, or organization to in good faith gratuitously render emergency care is immune from civil liability for any damages resulting from an act or omission not amounting to gross negligence or willful or wanton misconduct by the user or for acquiring or providing the automatic external defibrillator to the user for the purpose of rendering the emergency care if the individual, business, or organization and the user fulfill the requirements set forth in IC 16-31-6.5.
(e) A licensed physician who gives medical direction in the use of a defibrillator or a national or state approved defibrillator instructor of a person who gratuitously renders emergency care involving the use of an automatic external defibrillator is immune from civil liability for any act or omission of the licensed physician or instructor if the act or omission of the licensed physician or instructor:

  1. involves the training for or use of an automatic external defibrillator; and
  2. does not amount to gross negligence or willful or wanton misconduct.

 

 Laws / Legislation
 Reference
Date Summary
SB 134 2007 Requires automated external defibrillators in health clubs which include: health spas and studios, sports centers, weight control studios, gymnasiums and workout centers in schools, colleges and universities. The AED must be easily accessible and the facility must employ at least one person who has completed and passed a course approved by the American Heart Association or American Red Cross and who is currently certified in CPR and AED use. Provides immunity for persons who render emergency care in good faith.
HB 1106 2006 Revises Good Samaritan protection by removing the requirements that a person or entity acquiring a defibrillator must ensure that the users have completed certain courses and have enlisted a physician for medical direction.
HB 1271 2003 Immunity for defibrillator instructors. Grants immunity from civil liability to certain licensed physicians or the instructor of a person who renders emergency care using an automatic external defibrillator, if the licensed physician or instructor’s act or omission does not amount to gross negligence or willful or wanton misconduct.
 SB 363 2003 Grants immunity from civil liability to certain licensed physicians or the instructor of a person who renders emergency care using an automatic external defibrillator if the care is not grossly negligent, or if their care does not amount to willful or wanton misconduct.
 SB 171 1998 Establishes immunity for users of an automatic external defibrillator but doesn’t include licensed physicians, hospitals or surgical centers, or persons providing care in either of those settings. Stipulates that expected defibrillator users will be trained through the American Heart Association, or an equivalent association on CPR and AED use. The defibrillator must be maintained and tested according to the manufacturers directions. Have a licensed physician involved in the AED program.


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