| Summary of Requirements | ||
| Physician | No Current Legislation | |
| CPR/AED Training | No Current Legislation | |
| EMS Notification | No Current Legislation | |
| Maintenance Program | No Current Legislation | |
| Notification of Use | No Current Legislation | |
| Good Samaritan Protection | ||||
| Rescuer | Purchaser | Property Owner | Physician | Trainer |
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Any person who in good faith, without remuneration or expectation of remuneration, attempts to resuscitate a person in immediate danger of loss of life when administering any automated external defibrillator, regardless of where the automated external defibrillator that is used is located, shall not be liable for any civil damages resulting from any act or omission except as may result from the person’s gross negligence or wanton acts or omissions.
Any person, including an employer, who provides for an automated external defibrillator or an automated external defibrillator training program shall not be vicariously liable for any civil damages resulting from any act or omission of the persons or employees 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 automated external defibrillator, except as may result from a person’s or employer’s gross negligence or wanton acts or omissions. Any physician or physician assistant who administers an automated external defibrillator 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 automated external defibrillator, except as may result from the physician’s or physician assistant’s gross negligence or wanton acts or omissions. |
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| Laws / Legislation | ||
| Reference |
Date | Summary |
| HB 1747 | 2014 | Requires, by the end of the 2015-2016 school year, that: (1) Every public school, charter school, and the University of Hawaii shall have one automated external defibrillator (AED) situated in a permanent location on campus; (2) Public schools and charter schools that have athletic trainers, as well as the University of Hawaii, to have an additional AED available at every sporting event; (3) Athletic trainers shall be trained and certified on the use of AEDs; and (4) Public and charter schools that do not have athletic trainers to have at least two faculty members at every sporting event who are trained and certified on the use of AEDs. |
| HB 1919 SB 2095 |
2010 | An Act requiring that beginning in the 2012-2013 school year all public and private middle and high schools, and other learning institutions including the University of Hawaii, community colleges and accredited and unaccredited degree granting institutions maintain at least one automated external defibrillator. It also requires that at least one staff member be trained in the use of the AED and on the campus whenever the facilities are being used for school-sponsored or approved events. Beginning with the 2014-2015 school year, all elementary public and private schools will be required to abide by the above. |
| HB 1537 | 2009 | Revises Good Samaritan protection for use of an AED. States that a person who acts in good faith while attempting to resuscitate a person in a life-threatening emergency, shall not be liable for any civil damages resulting from their actions or omissions, and that the person or employer who provides an AED or an AED training program is not liable either. |
| SB 727 | 2009 | Encourages employers to implement an AED program and to provide an automated external defibrillator unit in their place of business and give them immunity from any civil damages arising from the use of an AED in their place of business. |
| SB 1142 | 2009 | Addresses liability for physicians and physician assistants involving use of an automated external defibrillator. |
| SB 1675 | 2007 | Revises requirements for an AED program stating that the program includes an “appropriate training course that includes cardiopulmonary resuscitation” (CPR) as well as training in the use of an AED. This act also states that physicians who use an automated external defibrillator are not liable for civil damages resulting from the use of an AED. |
| HB 1991 | 2004 | Provides immunity protection to people who provide free AED programs, to people who are responsible for the site or location of the AED unit, and that AED-trained users are not liable for civil damages resulting from their attempt to resuscitate an individual who appears to be suffering from a life-threatening condition. |
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.