West Virginia State AED Law

Summary of Requirements
	Physician	Must designate a medical director for the coordination of the program, which shall include, but not be limited to, training, coordinating with EMS, creating AED deployment strategies and reviewing each operation of an AED.
	CPR/AED Training	The anticipated operator of an AED must receive appropriate training in cardiopulmonary resuscitation, referred to as “CPR”, in the operation of an AED and in the determination of advance directives from the American Heart Association, American Red Cross, any other nationally recognized course in CPR and AED or an AED and CPR training program approved by the Office of Emergency Medical Services.
	EMS Notification	An entity providing an early defibrillation program shall register the program with the Office of Emergency Medical Services, pursuant to article four-c of this chapter, identifying the placement of AEDs, training of anticipated operators, preplanned EMS system coordination, designation of a medical director, maintenance of AED equipment and reports of AED utilization. Must notify the local EMS system and public safety answering point or other appropriate emergency dispatch center of the existence of an entity’s early defibrillation program, the location of the program and the program’s plan for coordination with the EMS system.
	Maintenance Program	Must maintain and test the AED in accordance with the manufacturer’s guidelines and keep written records of this maintenance and testing.
	Notification of Use	An operator of an AED who renders emergency care or treatment on a person experiencing cardiac arrest shall activate the EMS system as soon as possible and shall report the use of an AED to the program medical director.

Good Samaritan Protection
Rescuer	Purchaser	Property Owner	Physician	Trainer

A person is not liable for civil damages as a result of any act or omission in rendering emergency medical care or treatment involving the use of an AED if the care or treatment does not amount to gross negligence and the following conditions are met: The person, entity, certified trainer or medical director of the early defibrillation program is in compliance with the provisions of section three of this article; and The person is an anticipated operator of an AED who gratuitously and in good faith rendered emergency medical care, pursuant to the requirements of section three of this article, other than in the ordinary course of the person’s employment or profession as a health care provider, as defined in section two, article two-d of this chapter; or The person is an unanticipated operator who gratuitously and in good faith rendered emergency medical care.

Laws / Legislation
Reference	Date	Summary
HB 2479	2011	Requires dentists, who want to obtain a Class IV Anesthesia Permit, have an AED in their offices.
SB 422	2010	Amends immunity protection relating to health care providers.
SB 619	2008	Amends immunity protection relating to adding definitions for anticipated and unanticipated users of external defibrillators; and limiting liability toward unanticipated users who render aid.
HB 2929	2005	Recommends a defibrillator for dentists administering anesthesia.
HB 2269	1999	Provides immunity protection and establishes guidelines for AED use.

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.