| Summary of Requirements | ||
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Physician | Must have involvement of a licensed physician in the site’s program to ensure compliance with AED requirements for training, notification, maintenance and guidelines for use. |
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CPR/AED Training | Expected automated external defibrillator users must receive training equivalent to the CPR and AED training of the American Heart Association, the American Red Cross or similar entities. |
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EMS Notification | Any person or entity who acquires a defibrillator as a result of a prescription shall notify an agent of the emergency communications system or emergency vehicle dispatch center of the existence, location and type of defibrillator. |
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Maintenance Program | The defibrillator must be maintained and tested according to the manufacturer’s operational guidelines. |
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Notification of Use | Any person who renders emergency care or treatment to a person in sudden cardiac arrest by using an AED must activate the emergency medical services system as soon as possible, and must report any clinical use of the defibrillator to the prescribing physician. |
| Good Samaritan Protection | ||||
| Rescuer | Purchaser | Property Owner | Physician | Trainer |
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| 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. | ||||
| Laws / Legislation | ||
| Reference |
Date | Summary |
| SB 1340 | 2014 | Removes the requirement for prescriptions for defibrillators and removes a provision relating to the involvement of a physician in the owner’s program for the defibrillator. |
| SB 1390 | 2010 | Amends existing immunity for use of automated external defibrillators. |
| SB 1420 | 2008 | Amends existing immunity for use of automated external defibrillators and adds that the defibrillator must be maintained and tested by the owner of the defibrillator according to the manufacturer’s directions. This bill put wording back in stating that the AED program must have the involvement of a licensed physician who prescribes the AED. |
| HB 575 | 2004 | Removes the stipulation that the AED program must have a licensed physician write a prescription for the AED. |
| SB 1299 | 2004 | Provides protection to the physician who wrote the prescription for the AED if the prescription was written in good faith, and provides immunity to anyone who uses it in an emergency setting. |
| SB 1185 | 1999 | Provides immunity for the use of an AED, stating that a person or business that acquires an AED by a prescription will ensure that expected users of the AED would be trained on the AED unit with standards equivalent to American Heart Association training. That the AED will be maintained and serviced according to manufacturer instructions, that a licensed physician is involved in the AED program, and that emergency medical services is notified as soon as possible after emergency medical treatment commences and that such use is reported to the prescribing physician. If the AED is used, any person who renders the emergency medical treatment will not be held liable for any civil damages resulting from the AED’s use, unless those damages result from willful, wanton, or reckless misconduct or gross negligence. |
The information posted on our website is not intended as legal advice and may contain inaccurate or incomplete information. We encourage you to contact your state representative should you require more information.