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.

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