Compliance

Compliance 2017-12-16T21:51:38+00:00

Where AEDs Are Required

Only 19 states in the U.S. require that at least some of their schools have automated external defibrillators (AEDs), according to research by Scripps Howard News Service. In some states, AEDs are required in public, but not private schools. In other states, AEDs are required in high schools, but not elementary schools. Some states require AEDs only in schools offering athletics.

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A Nationwide Effort

Over the last 15 years all 50 states have established legislation and regulations for Automated External Defibrillators (AEDs). Most of the bills have included provisions for the legislative intent for AEDs to be used by any person for the purpose of saving a life of another person in cardiac arrest. Also most states have included provisions for a “Good Samaritan” exemption for liability for individuals rendering emergency treatment with a defibrillator, for the required frequent maintenance and testing of each AED unit, and for the AED and CPR training of individuals. Many states have also implemented requirements for notification of local EMS, required AED Management Program for organizations and regular Physician / Medical Oversight.

Schools

Only two states, Hawaii and Oregon, mandate AEDs not only in all public and private schools, but also in colleges. Connecticut mandates AEDs in higher education athletic departments.

Following is a list of states that require AEDs in at least some schools:

  • Alabama: Public schools serving grades K-12
  • Health Clubs

    Fourteen states require AEDs in health clubs, though most exempt spas in hotels. They are: Arkansas, California, Connecticut, Illinois, Indiana, Iowa, Maryland, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, Oregon and Rhode Island. The District of Columbia requires them in recreational facilities.

    SOURCE: Scripps Howard News Service

    Where AEDs Are Not Required

    Nineteen states have no mandates. These include: Alaska, Colorado, Delaware, Idaho, Kansas, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, Ohio, South Dakota, Utah, Vermont, Virginia, Washington and Wyoming.

    SOURCE: Scripps Howard News Service

    The Current State of AED Laws

    Generally, Good Samaritan immunity laws are enacted by policymakers to encourage particular types of conduct. For example, the first Good Samaritan law, enacted in California during the 1950s, offered immunity to physicians who voluntarily stopped to render aid to accident victims. The goal of this approach was to encourage physicians to act by reducing the risk of negligence lawsuits.

    Similarly, starting in the mid-1990s, legislatures throughout the U.S. began enacting AED-related laws, including Good Samaritan immunity laws, presumably with the intent that such laws would reduce liability risks and therefore encourage more organizations and individuals to buy, place, and use AEDs in public settings. Such laws now exist in every state and vary widely in structure, content, complexity, and scope of coverage. The level of legislative activity in this area continues to be robust with continuous efforts to modify existing laws or add AED placement mandates.

    Unfortunately, many existing AED laws actually increase rather than decrease liability risks facing AED owners and users and act as a barrier to those organizations considering the purchase of AEDs. Further, these laws are misunderstood by many in the AED industry. Indeed, persistent myths and misinformation about the true scope and presumed benefits of these laws can be found on the websites of many AED program services and AED training vendors.

    For more information, see the attached white papers:

    The Current State of U.S. AED Laws: Risk and Uncertainty for Public Access Defibrillation Programs
    Legislative Strategies for Modernizing U.S. AED Laws.
    By Richard A. Lazar, Readiness Systems, LLC, Member, Sudden Cardiac Arrest Foundation Advisory Council

    To learn more about your state’s AED Laws, subscribe to ReadiSource™, a members-only online portal specifically designed for individuals and organizations responsible for AED program operational readiness, provided by Readiness Systems. The ReadiSource AED Law Center™ is a repository of selected AED laws from all 50 states and the District of Columbia, along with profiles to help decipher the laws, and report cards to see how these laws stack up. This information is intended to help you better understand the legal framework within which your AED program operates. Receive a 15% discount on a one-year subscription to ReadiSource by using subscription key SCAF200.15 when you register for ReadiSource.

    Addressing Legal Concerns About AED Programs in Educational Settings

    On any given day, educational institutions house more than 20% of the U.S. population. As such, educational settings are ideal locations for AED deployment. In the past, concerns regarding legal liability and litigation have been perceived as a barrier to purchasing and deploying AEDs.

    However, a shifting paradigm has occurred during the past few years. Due to the increasing availability of AEDs, coupled with their proven success rate and low cost, organizations are now finding themselves having to justify the absence or non-use of an AED. This recent trend has seen lawsuits filed when AEDs haven’t been used, aren’t available or are available but their presence isn’t advertised to the general public. As such, many entities are now acquiring AEDs and developing policies and procedures related to their storage, use and maintenance.

    By Andrew R. Roszak, JD, MPA, EMT-P, National Association of County and City Health Officials, Member, Sudden Cardiac Arrest Foundation Advisory Council

TEXAS – State Laws for AEDs

Summary of Requirements

REFERENCEDATESUMMARY
HB 8792013The State Board of Education shall require instruction in CPR for students in grades 7 through 12 (this excludes instructions for the use of an AED) beginning with the 2014-2015 school year.
HB 3922009Requires that an AED be placed in nursing homes and related institutions.
SB 822007Requires CPR certification in public schools for a coach, trainer, or sponsor for an extracurricular athletic activity, a physician who is employed by a school or school district or who volunteers to assist with an extracurricular athletic activity, and a director responsible for a school marching band.
SB 72007Requires CPR instruction at certain school campuses and athletic events, and the creation of a cardiovascular screening pilot program.
HB 21172007Revises immunity protection to include a person using an automated external defibrillator and a volunteer first responder.
HB 922007Requires that a licensed practitioner provide a prescription for purchase of an AED.
HB 42003Revises immunity protection.
HB 5801999Establishes immunity protection and AED placement requirements.
Education Code Chapter 281995A private school shall provide instruction to students in cardiopulmonary resuscitation and the use of an automated external defibrillator in a manner consistent with the requirements of this section and State Board of Education rules adopted under this section.

“Good Samaritan” Protection

RESCUERPURCHASERPROPERTY OWNERPHYSICIANTRAINER
HB 2117 "A person who in good faith administers emergency care, is not liable in civil damages for an act performed during the emergency unless the act is willfully or wantonly negligent, including a person who: (1)Administers emergency care using an automated external defibrillator; or (2)Administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.095, Government Code. The prescribing physician who authorizes the acquisition of an automated external defibrillator in accordance with this chapter, a person or entity that provides approved training in the use of an automated external defibrillator in accordance with this chapter, and the person or entity that acquires the automated external defibrillator and meets the requirements of this chapter are not liable for civil damages for such prescription, training, or acquisition unless the conduct is wilfully or wantonly negligent. Any person or entity that acquires an automated external defibrillator and negligently fails to comply with the requirements of this chapter is liable for civil damages caused by such negligence."

Related Laws / Regulation

REQUIREMENT FOR:SUMMARY:
PhysicianA licensed physician must be involved in the training program and placement to ensure compliance.
CPR / AED Training Each user of the automated external defibrillator must receive training given or approved by the Texas Department of Health in cardiopulmonary resuscitation and use of the automated external defibrillator.
Maintenance ProgramWhen a person or entity acquires an automated external defibrillator, the person or entity shall notify the local emergency medical services provider of the existence, location, and type of automated external defibrillator.
Notification of UseA person or entity that owns or leases an automated external defibrillator shall maintain and test the automated external defibrillator according to the manufacturer's guidelines.
Notification of UseA person or entity that provides emergency care to a person in cardiac arrest by using an automated external defibrillator shall promptly notify the local emergency medical services provider.

Legislation: Federal Laws

Following are links to federal laws addressing the use of automated external defibrillators (AEDs).

US CODE: TITLE 42,238Q. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL DEFIBRILLATORS

TITLE 42 – THE PUBLIC HEALTH AND WELFARE/CHAPTER 6A – PUBLIC HEALTH SERVICE/SUBCHAPTER I – ADMINISTRATION AND MISCELLANEOUS PROVISIONS/Part B – Miscellaneous Provisions

US CODE: TITLE 42,238P. RECOMMENDATIONS AND GUIDELINES REGARDING AUTOMATED EXTERNAL DEFIBRILLATORS FOR FEDERAL BUILDINGS

TITLE 42 – THE PUBLIC HEALTH AND WELFARE/CHAPTER 6A – PUBLIC HEALTH SERVICE/SUBCHAPTER I – ADMINISTRATION AND MISCELLANEOUS PROVISIONS/Part B – Miscellaneous Provisions

US CODE: TITLE 42,254C. RURAL HEALTH CARE SERVICES OUTREACH, RURAL HEALTH NETWORK DEVELOPMENT, AND SMALL HEALTH CARE PROVIDER QUALITY IMPROVEMENT GRANT PROGRAMS

TITLE 42 – THE PUBLIC HEALTH AND WELFARE/CHAPTER 6A – PUBLIC HEALTH SERVICE/SUBCHAPTER II – GENERAL POWERS AND DUTIES/Part D – Primary Health Care/subpart i – health centers

US CODE: TITLE 42,238P. RECOMMENDATIONS AND GUIDELINES REGARDING AUTOMATED EXTERNAL DEFIBRILLATORS FOR FEDERAL BUILDINGS

TITLE 42 – THE PUBLIC HEALTH AND WELFARE/CHAPTER 6A – PUBLIC HEALTH SERVICE/SUBCHAPTER I – ADMINISTRATION AND MISCELLANEOUS PROVISIONS/Part B – Miscellaneous Provisions

US CODE: TITLE 42,245. PUBLIC ACCESS DEFIBRILLATION DEMONSTRATION PROJECTS

TITLE 42 – THE PUBLIC HEALTH AND WELFARE/CHAPTER 6A – PUBLIC HEALTH SERVICE/SUBCHAPTER II – GENERAL POWERS AND DUTIES/Part B – Federal-State Cooperation

US CODE: TITLE 42,244. PUBLIC ACCESS DEFIBRILLATION PROGRAMS

TITLE 42 – THE PUBLIC HEALTH AND WELFARE/CHAPTER 6A – PUBLIC HEALTH SERVICE/SUBCHAPTER II – GENERAL POWERS AND DUTIES/Part B – Federal-State Cooperation

We make a best effort to keep the above legislation information current, complete and accurate, however this information is not intended as legal advice and may contain inaccurate or incomplete information. We encourage you to contact your state representative should you require additional information: http://www.house.gov/representatives/

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