Montana State AED Law

Summary of Requirements
	Physician	Medical oversight must be provided.
	CPR/AED Training	Before using the AED, an individual authorized to operate the AED must receive appropriate training approved by the department in cardiopulmonary resuscitation and the proper use of an AED.
	EMS Notification	AED use must be coordinated with an emergency medical service providing services in the area where the AED is located. Before allowing any use of an AED, must provide the following to all licensed emergency medical services and any public safety answering point or emergency dispatch center providing services to the area where the AED is located: a copy of the plan prepared pursuant to this section; and written notice, in a format prescribed by department rules, stating: that an AED program is established by the entity; where the AED is located; and how the use of the AED is to be coordinated with the local emergency medical service system;
	Maintenance Program	In order for an entity to use or allow the use of an automated external defibrillator, the entity shall establish a program for the use of an AED that includes a written plan. The plan must specify where the AED will be placed, and the individuals who are authorized to operate the AED. The AED must be maintained, tested, and operateed according to the manufacturer’s guidelines and written records of all maintenance and testing performed on the AED must be maintained.
	Notification of Use	Each time an AED is used for an individual in cardiac arrest, it is required that an emergency medical service is summoned to provide assistance as soon as possible and that the AED use is reported to the department as required by the written plan.

Good Samaritan Protection
Rescuer	Purchaser	Property Owner	Physician	Trainer
	No Current Legislation
(1) An individual who provides emergency care or treatment by using an AED in compliance with [sections 2 through 7] and rules adopted by the department pursuant to [section 4] and an individual providing cardiopulmonary resuscitation to an individual upon whom an AED is or may be used are immune from civil liability for a personal injury that results from that care or treatment or from civil liability as a result of any act or failure to act in providing or arranging further medical treatment for the individual upon whom the AED was used unless the individual using the AED or the person providing cardiopulmonary resuscitation, as applicable, acts with gross negligence or with willful or with wanton disregard for the care of the person upon whom the AED is or may be used. (2) The following individuals or entities are immune from civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if applicable provisions of [sections 2 through 7] and rules adopted by the department pursuant to [section 4] have been met by the individual or entity: (a) a person providing medical oversight of the AED program as designated in the plan prepared pursuant to [section 3]; (b) the entity responsible for the AED program, as designated in the plan prepared pursuant to [section 3]; (c) an individual providing training to others on the use of an AED.

Laws / Legislation
Reference	Date	Summary
SB 7	2009	Rules amending the Montana Code Annotated (MCA) by requiring reporting requirements for each use of an AED, training requirements for CPR and AED use, medical oversight guidelines, a list of training programs approved by the department.
SB 95	2007	Amends physician requirements for medical oversight of an AED program.
HB 126	1999	Establishes requirements for AED placement and provides for immunity protection.

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