Alabama's enacted laws regarding Automated External Defibrillators (AEDs), categorized by school mandates, athletic requirements, operational standards, and liability protections.
Mandates for Schools and Education
Alabama law places significant emphasis on cardiac safety within the educational system. Under Section 16-1-45, the state requires that an AED be placed in every public K-12 school in Alabama. To support this deployment, local superintendents are required to designate at least one employee at each school to receive training in the use of the device.
Recent legislation known as the John Wesley Foster Act (§16-30D-20 through §16-30D-22) expands these requirements to include both public and nonpublic PreK-12 schools. This Act mandates the development and implementation of a Cardiac Emergency Response Plan to address sudden cardiac arrest incidents on school property. Under this law, AEDs must be placed in accordance with American Heart Association guidelines, and training is required for school personnel, including licensed coaches, school nurses, and athletic trainers.
Regulations for Athletic Activities
The Tyrell Spencer Act (§16-30D-1 through 16-30D-8) addresses sudden cardiac arrest specifically in the context of student athletics.
• Scope: The law applies to "Athletic Activity," defined as interscholastic athletics at any school (K-12, public or private), school-sponsored contests, practices, and scrimmages.
• Accessibility: The Legislature explicitly encourages that an AED be available within a three-minute retrieval time at any athletic activity.
• Exclusions: The law distinguishes school sports from non-school recreational activities. While sponsors of youth athletic activities (such as city or county recreational leagues) are encouraged to follow these guidelines, they are not legally required to do so.
Operational and Acquisition Standards
Section 6-5-332.3 establishes the protocols for any person or entity that acquires an AED. The device acts as a heart monitor and defibrillator capable of recognizing ventricular fibrillation or rapid ventricular tachycardia and delivering a shock automatically or semi-automatically. Entities acquiring an AED must ensure the following:
• Training: Expected users are encouraged to successfully complete CPR and AED training offered by a nationally recognized organization.
• Maintenance: The device must be tested and maintained according to the manufacturer’s operational guidelines.
• Notification: The acquirer must notify the distributor if the ownership of the AED changes.
• Manufacturer Responsibility: Manufacturers are required to provide in-service training materials regarding the use and operation of the device.
Liability and Good Samaritan Protections
Alabama provides robust civil immunity to encourage the use of AEDs during emergencies under the Good Samaritan laws (§6-5-332).
• User Immunity: Any individual or entity who renders emergency care in good faith and without compensation—including the use of an AED—is immune from civil liability for personal injury or failure to act, provided they act as an ordinary prudent individual would under similar circumstances.
• Extended Immunity: This immunity extends to the licensed physician or medical authority involved in the AED site placement, the individual providing CPR/AED training, and the entity responsible for the site where the AED is located.
• Exceptions: Immunity does not apply in cases of gross negligence, nor does it protect designers, manufacturers, or sellers of AEDs from product liability claims.
• Relationship to Other Laws: The operational requirements of Section 6-5-332.3 do not apply to an individual acting as a Good Samaritan in an emergency setting.
Alaska's enacted laws regarding Automated External Defibrillators (AEDs) primarily in terms of civil liability immunity.
Civil Liability Immunity
Alaska law provides statutory protection for individuals who attempt to assist during a cardiac emergency. Under Section 09.65.087 of the Alaska Statutes (located within Title 9, the Code of Civil Procedure), an individual is protected from civil liability when using an AED. Specifically, the law states that a person who uses an AED on a victim during a perceived medical emergency is not liable for civil damages resulting from the use or attempted use of the device.
Context for Youth Sports and Organizations
While specific mandates for Alaska schools or athletic programs are not detailed in these excerpts, the sources note that many states have laws granting limited immunity applicable to school-sponsored athletics, municipally operated facilities, or youth sports programs. Because laws vary by jurisdiction, it is strongly recommended that local leagues and organizations in Alaska consult with legal counsel to determine if there are specific local ordinances or additional regulations applicable to their programs.
Arizona's enacted laws regarding Automated External Defibrillators (AEDs).
Statutory Framework
Arizona’s regulations regarding AEDs are established in Title 36 (Public Health and Safety), Chapter 21.1 (Emergency Medical Services), Sections 36-2261 through 36-2264 of the
Arizona Revised Statutes.
Operational Requirements for AED Owners, Under Arizona law, any person or entity that acquires an AED—unless specifically exempted—must adhere to strict operational protocols to ensure public safety. These requirements include:
• Medical Oversight: Entering into an agreement with a licensed physician to oversee the public access aspects of the device. A "physician" is defined as one licensed under Title 32, Chapter 13 or 17, who provides these specific oversight services.
• Emergency Procedures: Requiring any trained user who operates the device on a person in cardiac arrest to call 911 as soon as possible.
• Reporting: Submitting a written report to the Bureau of Emergency Medical Services within five (5) days of the device's use.
• Maintenance: Ensuring the AED is in good working order and tested according to the manufacturer's guidelines.
Exemptions: These requirements do not apply to individuals who obtain an AED for home use via a physician’s prescription, nor do they apply to persons employed as firefighters, EMTs, or ambulance attendants.
Definitions and Training Standards
The statutes provide specific definitions to clarify the scope of the law:
• AED: Defined as a medical device and heart monitor that is FDA-approved, capable of recognizing ventricular fibrillation or rapid ventricular tachycardia, and able to determine if defibrillation is needed and deliver a shock without operator intervention.
• Training: Users are expected to complete a state-approved course in cardiopulmonary resuscitation (CPR) and AED use for lay rescuers and first responders. This includes courses adopted by the American Heart Association as of December 31, 1998.
• Trained User: Defined as the "expected user" of the device who has completed the requisite training.
Liability and Immunity
Arizona law provides civil liability protections to encourage the use of AEDs in emergencies. Section 36-2263 states that specific individuals and entities are not subject to civil liability for personal injury resulting from acts or omissions, provided there is no willful misconduct or gross negligence. Protected parties include:
• Good Samaritans
• Trained users
Arkansas’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by educational mandates, athletic safety protocols, and public access standards.
Mandates for K-12 Schools
Arkansas law imposes strict requirements for the availability and maintenance of AEDs in public schools to ensure student and staff safety.
• Campus Requirements: Every school campus in Arkansas is required to have an AED on-site. The location of these devices must be determined by the size and layout of the buildings, the number of individuals present, and the location of school events, ensuring the device is easily visible and accessible.
• Sporting Events: State law specifically mandates that an AED must be available at every school-sponsored sporting event for grades 7 through 12.
• Maintenance and Oversight: School districts must appoint a Program Coordinator to oversee the AED program, including training and maintenance. Devices must be inspected by a qualified service technician at least once per year to ensure they meet manufacturer specifications and current American Heart Association (AHA) guidelines.
• Reporting: Schools are required to report the status of AED availability annually to the Department of Education. Additionally, if an AED is used, an incident report must be submitted to the Director of Special Programs within 30 days.
Mandates for Higher Education
The Arkansas Higher Education Coordinating Board is required to adopt rules ensuring cardiac safety on college and university campuses (§ 6-60-121).
• Deployment: An AED must be placed in appropriate locations across each institution of higher education campus.
• Athletics: Similar to K-12 mandates, an AED is required at every higher education-sponsored sporting event.
• Training Standards: Institutions must ensure appropriate personnel are trained on an ongoing basis. This training must include psychomotor skills testing based on AHA guidelines and coordination with the emergency medical services (EMS) system. This training counts toward professional development requirements for personnel.
Student Athlete Safety (Sudden Cardiac Arrest)
Under Section 6-18-713, Arkansas has established protocols to protect students participating in "athletic activities," defined broadly to include interscholastic sports, cheerleading, and club-sponsored activities.
• Education and Acknowledgement: Before participating in an athletic activity, students and parents must sign and return a sheet acknowledging they have reviewed information regarding the warning signs of sudden cardiac arrest (SCA).
• Removal from Play: A student must be removed from participation immediately if they faint or lose consciousness. Additionally, if a student exhibits symptoms such as chest pain, dizziness, or racing heartbeat, and an athletic trainer reasonably believes it is cardiac-related, the student may be removed.
• Return to Play: A student removed from activity is prohibited from returning until they are evaluated and cleared in writing by a licensed medical physician.
• Immunity for School Staff: Coaches, athletic directors, school nurses, and athletic trainers acting in good faith regarding these protocols are not liable for their actions unless they act in a grossly negligent or reckless manner.
Public Access and Civil Liability
The Public Access to Automated External Defibrillation Act (§ 20-13-1301) regulates the general use of AEDs and provides legal protections for rescuers.
• Immunity: Under Section 20-13-1305, any person or entity that uses an AED in good faith and without compensation to render emergency care is immune from civil liability for personal injury, provided they act in an ordinary, reasonable manner.
• Training Requirements: The law requires AED users to complete CPR and AED training once every two years.
California's enacted laws regarding Automated External Defibrillators (AEDs), categorized by educational mandates, athletic safety protocols, operational standards, and liability protections.
Mandates for Schools and Athletics
California law places specific requirements on schools regarding the acquisition and placement of AEDs, particularly those involved in interscholastic sports.
• Acquisition Requirement: Commencing July 1, 2019, any school district or charter school that offers an interscholastic athletic program must acquire at least one AED for each participating school.
• Accessibility: Schools are encouraged to ensure AEDs are available to render care within a recommended three to five minutes of sudden cardiac arrest to pupils, spectators, and other attendees at on-campus athletic activities.
• Notification: When an AED is placed in a public or private K-12 school, the principal must annually notify school employees of the device's location. For schools serving grades 6 through 12, the principal must also annually notify pupils of the location.
• Swimming Pool Safety: If a school sponsors an on-campus event at a swimming pool that is not part of an interscholastic athletic program, at least one adult with valid CPR certification must be present throughout the event.
The Eric Paredes Sudden Cardiac Arrest Prevention Act
To further protect student athletes, California enacted the Eric Paredes Sudden Cardiac Arrest Prevention Act, which applies to interscholastic athletics, cheerleading, and club-sponsored sports.
• Coach Training: Coaches are required to complete training in CPR, first aid, and the use of an AED. This training must also cover the signs of sudden cardiac arrest (SCA), concussions, and heat illness. As of July 1, 2019, a coach who fails to complete this training is subject to suspension until the requirement is met.
• Removal from Play: A pupil who faints or exhibits symptoms of SCA (such as chest pain, dizziness, or racing heart) during or after activity must be removed from participation immediately.
• Return to Play: A student removed for these reasons cannot return to activity until evaluated and cleared in writing by a physician, nurse practitioner, or physician assistant.
• Parent/Student Acknowledgement: Before participating in athletic activities, pupils and parents must sign and return an acknowledgment that they have reviewed information regarding SCA symptoms and warning signs.
Operational and Maintenance Standards
Under Health and Safety Code § 1797.196, strict operational standards apply to any person or entity that acquires an AED.
• Maintenance and Testing: Acquirers must ensure the AED is maintained per manufacturer guidelines. The device must be tested at least biannually and after each use. Furthermore, an inspection must be made every 90 days to check for operability issues (e.g., blinking lights or tampering).
• EMS Notification: The acquirer must notify the local EMS agency of the existence, location, and type of AED acquired.
• Building Owner Responsibilities: Owners of buildings with AEDs must notify tenants annually of the device's location, offer an annual demonstration on proper use, and post instructions in at least 14-point type next to the device.
• Retailer Obligations: Manufacturers or retailers must provide the acquirer with all information regarding the device's use, installation, and maintenance.
Liability and Immunity
California provides civil liability protections to encourage the use of AEDs, codified in Civil Code § 1714.21.
• Good Samaritan Immunity: Any person who uses an AED in good faith and without compensation at the scene of an emergency is not liable for civil damages resulting from acts or omissions in rendering care.
• Entity Immunity: Entities that acquire AEDs for emergency use are immune from civil liability provided they comply with the maintenance and notification requirements of Health and Safety Code § 1797.196.
• School Immunity: School districts and employees enjoy similar immunity if they comply with the relevant Civil Code and Health and Safety Code requirements,.
• Exclusions: Immunity does not apply in cases of gross negligence or willful or wanton misconduct. Additionally, product liability laws still apply to manufacturers and designers of the devices.
State Buildings
Government Code § 8345 directs the Department of General Services to apply for federal funds to purchase AEDs for state-owned and leased buildings. Policies regarding placement and use in these buildings are developed in consultation with the Emergency Medical Services Authority, the American Red Cross, and the American Heart Association.
Colorado’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by liability protections, operational requirements, school and sports mandates, and state-level management.
Civil Liability and Good Samaritan Protections
Colorado law provides extensive immunity to encourage the use of AEDs and emergency assistance.
• General Immunity: Under Section 13-21-108, any person—including licensed physicians and surgeons—who renders emergency care or assistance in good faith and without compensation is not liable for civil damages, provided their acts or omissions are not grossly negligent or willful and wanton.
• AED-Specific Immunity: Section 13-21-108.1 specifically protects persons or entities whose primary duties do not include health care. If they use an AED in good faith and without compensation, they are immune from civil liability for resulting acts or omissions, barring gross negligence.
• Extension of Protection: This limited AED immunity extends to the person or entity responsible for the site where the AED is located, the person providing AED placement, and those providing CPR/AED training. However, for the site owner to receive this immunity, the device must be maintained and tested according to manufacturer guidelines.
• Volunteers and Nonprofits: Section 13-21-116 provides that volunteers, including coaches, teachers, and leaders for nonprofit or youth programs, are not liable for acts or omissions in the performance of their duties unless they are willful and wanton. Similar protections apply to volunteer rescue units and ski patrol members.
Operational Requirements for AED Entities
Entities or individuals that acquire an AED must adhere to specific operational standards to ensure public safety and maintain liability protection for the site.
• Maintenance and Planning: Acquirers must ensure the device is tested and maintained according to manufacturer guidelines and must keep records of this maintenance. They must also have written plans regarding placement, personnel training, medical oversight, and coordination with emergency medical services (EMS).
• Training: Expected AED users must receive training in CPR and AED use through a course meeting nationally recognized standards.
• Notification: The acquirer is required to notify the applicable emergency communications or dispatch center of the location and type of AED.
• Emergency Activation: Any person using an AED during a cardiac arrest must activate the EMS system as soon as possible.
Schools and Youth Sports Regulations
Colorado laws address cardiac safety in educational and athletic settings through certification mandates and donation rules.
• Coach Certification: As of January 1, 2015, athletic coaches employed by local education providers (school districts and charter schools) must be certified in CPR and have received instruction in the effective use of an AED.
• Placement in Schools: Public schools are encouraged to place functional AEDs in sufficient quantities to ensure availability during emergencies. Schools are required to accept donations of AEDs that meet FDA standards and maintenance schedules. If a school accepts a donation, it determines who will be trained and when.
• Healthcare Providers in Sports: Section 13-21-108.2 grants immunity to healthcare professionals (such as physicians, nurses, and athletic trainers) who provide uncompensated emergency care, including sideline assistance, during competitive sports events. This covers sports sponsored by K-12 schools, colleges, or private clubs.
State Management and Awareness
The Office of Cardiac Arrest Management, created within the Department of Public Health and Environment, oversees the promotion and coordination of cardiac safety efforts.
• Responsibilities: The office is tasked with coordinating sudden cardiac arrest data collection, promoting the use of public access defibrillators, and maintaining registries of AED locations.
• Public Awareness: The office implements campaigns to raise awareness about sudden cardiac arrest, the importance of CPR, and how to use AEDs, while also maintaining a list of training programs that comply with American Heart Association guidelines.
Connecticut’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by educational mandates, athletic department requirements, and liability protections.
Mandates for K-12 Schools
Connecticut law imposes specific requirements on local and regional boards of education regarding the availability of AEDs and emergency planning, contingent upon available funding.
• Deployment and Accessibility: Subject to the availability of federal, state, or private funding, each local and regional board of education must provide at least one AED at each school under its jurisdiction. The device must be accessible during normal school hours, during school-sponsored athletic practices and events on school grounds, and during other school-sponsored events that occur outside of normal hours.
• Training: Boards must ensure that school personnel are trained in the operation of AEDs and the use of cardiopulmonary resuscitation (CPR).
• Emergency Action Response Plans: Each school is required to develop an emergency action response plan to address the appropriate use of school personnel in responding to individuals experiencing sudden cardiac arrest or similar life-threatening emergencies on school grounds.
• Athletic Events: Schools with athletic departments or organized athletic programs must develop specific emergency action response plans for sudden cardiac arrest incidents occurring during athletic practices or events on school grounds. Additionally, for school years commencing on or after July 1, 2022, emergency action plans for interscholastic and intramural events must include protocols for cardiac emergencies, including the operation of AEDs.
• Funding and Donations: Boards of education are not required to comply with the purchase and training mandates if funding is unavailable, but they may accept gifts, grants, and donations of AEDs that meet FDA standards.
Requirements for Higher Education Athletic Departments
Connecticut law mandates specific AED protocols for the athletic departments of higher education institutions under Section 10a-55l.
• Policy and Placement: Athletic departments must develop and implement a policy concerning AED use during intercollegiate sport practice, training, and competition. This includes providing and maintaining at least one AED in a central location that is no more than one-quarter mile from the premises used by the department.
• Accessibility and Awareness: The location of the AED must be known and accessible to employees and student-athletes during all hours of sport practice, training, and competition.
• Personnel Requirements: Athletic departments must ensure that at least one licensed athletic trainer or other person trained in CPR and AED use (certified by the American Red Cross or American Heart Association) is on the premises during all hours of intercollegiate sport activity.
• Maintenance and Notification: The AED must be maintained and tested according to manufacturer guidelines, and a local emergency medical services provider must be promptly notified after each use of the device.
Liability and Good Samaritan Protections
Connecticut’s “Good Samaritan Law” (Section 52-557b) provides civil immunity to encourage the use and maintenance of AEDs.
• User Immunity: Any person who operates an AED voluntarily, gratuitously, and not in the ordinary course of their employment or practice to render emergency medical assistance is not liable for civil damages for personal injuries resulting from ordinary negligence in their acts or omissions.
• Provider Immunity: A person or entity that provides or maintains an AED is not liable for acts or omissions involving the provision or maintenance of the device which may constitute ordinary negligence.
• Opioid Antagonist Cabinets: Immunity extends to persons or entities that provide or maintain an AED in a cabinet that also contains an opioid antagonist for acts or omissions related to making the opioid antagonist available.
• Exclusions: Immunity does not apply to acts or omissions constituting gross, willful, or wanton negligence. Furthermore, paid or volunteer firefighters, police officers, or emergency medical services personnel are not exempt from training requirements.
• Health Clubs: Specific provisions note that health clubs licensed under section 21a-223 shall not be held liable on and after October 1, 2022, for acts or omissions involving the nonuse of an AED.
Context for Youth Sports
While specific statutory mandates for non-school youth sports organizations are not detailed in these excerpts, it is noted that many states have laws applicable to youth sports programs or municipally operated facilities. It is strongly recommended that local leagues consult legal counsel to determine the applicability of any regulations or local ordinances regarding sudden cardiac arrest.
Delaware’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by operational requirements, school and athletic mandates, and liability protections.
Statutory Framework and Operational Requirements
Delaware’s regulations regarding AEDs are primarily found in Title 16 (Health and Safety), Chapter 30C of the Delaware Code. The General Assembly enacted these laws to encourage the greater acquisition, deployment, and use of AEDs to combat out-of-hospital sudden cardiac arrest.
Entities that acquire or distribute AEDs must adhere to specific operational protocols:
• Training: Entities must ensure that every prospective user receives appropriate training in CPR and AED use. This training must be provided by the American Red Cross, the American Heart Association, the Delaware State Fire School, or another nationally recognized provider, and it must be approved by the State EMS Medical Director.
• Maintenance: The device must be tested and maintained in accordance with the manufacturer’s guidelines.
• Reporting and Notification: Any person who uses an AED to render emergency care must notify appropriate EMS units as soon as possible. Additionally, the clinical use of the device must be reported to the appropriate licensed physician or medical authority.
• State Oversight: The State EMS Medical Director maintains a file of persons or entities that acquire AEDs with state funding. Furthermore, a Quality Review Program ensures that records and data related to AED reviews and audits remain confidential, privileged, and exempt from public inspection or discovery.
Mandates for Schools and Athletics
Under Title 14 (Education), Chapter 3, the Delaware Interscholastic Athletic Association (DIAA) is required to adopt regulations regarding the awareness, recognition, and management of sudden cardiac arrest (SCA) for member schools.
• Coach Certification: All school-appointed head coaches are required to hold CPR certification, which includes specific training in the use of AEDs. Coaches and officials must also be presented with SCA awareness information.
• Student and Parent Education: The Board must develop a sudden cardiac arrest information sheet detailing warning signs. Prior to participating in practice or competition, every student athlete and their parent or guardian must sign and return this sheet.
• Screening: Student athletes are required to complete a heart history questionnaire as part of their preparticipation physical examination.
Liability and Immunity
Delaware provides civil liability protections under Section 3005C to encourage the availability and use of AEDs.
• User Immunity: Any person or entity who renders emergency care using an AED in good faith and without compensation is immune from civil liability for personal injury resulting from the care or failure to act. This applies provided the person acts as an ordinary, reasonably prudent person would under similar circumstances.
• Extended Immunity: This immunity extends to individuals who authorize the purchase of the AED, entities that provide CPR/AED training, and the person or entity responsible for the site where the AED is located.
• Exceptions: Immunity does not apply if the acts or omissions amount to willful or wanton misconduct or gross negligence.
Context for Youth Sports
While the provided text focuses on interscholastic sports, it is noted that many states have laws applicable to youth sports programs or municipally operated facilities. It is strongly recommended that local leagues in Delaware consult with legal counsel to determine if specific local ordinances or additional regulations apply to their programs.
The District of Columbia's enacted laws regarding Automated External Defibrillators (AEDs), categorized by facility mandates, operational standards, financial incentives, and liability protections.
Statutory Framework and Operational Standards
The District of Columbia’s regulations regarding AEDs are codified in Title 7 (Human Health Care and Safety), Subchapter I (Access to Defibrillation), Sections 7-2371.01 through 7-2371.05.
Any person or entity that acquires an AED in the District must adhere to specific operational protocols to ensure safety and efficacy:
• Coordination and Training: The acquiring entity must ensure that a "Facility AED Coordinator" receives training in CPR and AED use.
• Maintenance: The device must be maintained and tested according to the manufacturer’s standards, and records of this testing and maintenance must be kept.
• Emergency Procedures: Any person using an AED to provide emergency care must promptly notify 9-1-1.
• Registration: The acquirer must notify the Chief of the Department and the call center regarding the AED, including its location and type.
Mandates for Public Facilities and Schools
The law imposes specific mandates on government-operated recreational facilities and schools to ensure access to defibrillation.
• Recreational Facilities: The Mayor is required to develop an AED program for Department of Parks and Recreation public facilities that are regularly staffed by paid District government employees. These facilities must have at least one AED onsite, ensure a trained individual is present during hours of operation, and maintain the device according to manufacturer guidelines.
• Schools: Requirements for District public and charter schools are rigorous under §7-2371.02c. Schools must:
o Ensure AEDs are appropriate for use on both adults and children.
o Establish a schedule for periodic maintenance and testing.
o Require specific personnel—including athletic coaches, coaching assistants, athletic trainers, athletic directors, team physicians, and school nurses—to successfully complete CPR and AED training.
o Ensure at least one person trained in CPR/AED use is present during school operating hours and during any athletic activity.
o Inform all school employees at least annually of the location of all AEDs in the school.
Incentives for Acquisition
To encourage the deployment of these devices, the Mayor may issue rules to implement the Access to Defibrillator statutes and offer financial incentives.
• Rebates: The Mayor may issue rebates to property owners or lessees of a building in the District who purchase an AED and meet specific requirements.
• Limits: The rebate is contingent upon available funds and shall not exceed $400.00 for each AED or $750.00 per building, nor shall it exceed the purchase price of the device.
Liability and Immunity
Section 7-2371.03 provides civil liability protections to encourage the use of AEDs in emergencies.
• Good Samaritan Protection: Any person or entity who uses an AED in good faith and without compensation to provide emergency care is immune from civil liability for personal injury resulting from the care or failure to act. This immunity applies provided the person acts as an ordinary, reasonably prudent person would under similar circumstances.
• Exceptions: This immunity does not apply if the personal injury results from gross negligence or wanton or willful misconduct.
Context for Youth Sports
While the provided texts detail specific mandates for schools and recreational facilities, they also note that laws in many jurisdictions vary regarding youth sports programs and municipal facilities not affiliated with school districts. It is legally recommended that local leagues consult with counsel to determine the specific applicability of these regulations to their programs.
Based on the provided sources, the following statement outlines Florida’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by educational mandates, general public use standards, and liability protections.
Mandates for Schools and Athletics
Florida law imposes strict requirements on public schools that are members of the Florida High School
Athletic Association (FHSAA) to ensure the safety of student-athletes.
• Device Availability: Each member school must have an operational AED on school grounds. The device must be available in a clearly marked and publicized location for every athletic contest, practice, workout, or conditioning session, including those conducted outside of the school year.
• Personnel Requirement: Effective June 1, 2021, a school employee or volunteer with current training in CPR and AED use must be present at each athletic event. This applies to all contests, practices, and workouts, both during and outside the school year.
• Training Standards: The required training must include a course in CPR (or basic first aid including CPR) and demonstrated proficiency in using an AED. Any employee or volunteer reasonably expected to use the device must complete this training.
• Notification and Registration: The location of each AED must be registered with the local emergency medical services (EMS) medical director. Additionally, employees and volunteers required to be trained must be notified annually in writing of the device's location.
• Funding: Public and private partnerships are encouraged to cover the costs associated with purchasing, placing, and training for these devices.
General Operational Standards and Public Safety
Under Chapter 401, Section 2915, the Florida Legislature encourages the widespread use of AEDs to save lives during cardiac arrest incidents.
• User Responsibilities: While training is encouraged for all users, the law specifically mandates that any person who uses an AED must activate the emergency medical services system (call 911) as soon as possible upon use.
• Registration: Any person or entity in possession of an AED is encouraged to notify the local EMS medical director or public safety answering point of the device's location.
• Law Enforcement: Local and state law enforcement vehicles are permitted to carry AEDs.
• Penalties for Tampering: It is a first-degree misdemeanor for any person to intentionally or willfully tamper with, render inoperative, or obliterate the serial number of an AED (unless for legitimate servicing or repair).
Liability and Immunity: The Cardiac Arrest Survival Act
Section 768.1325, cited as the "Cardiac Arrest Survival Act," establishes the framework for civil immunity to encourage AED deployment and use.
• User Immunity: Any person who uses or attempts to use an AED on a victim of a perceived medical emergency is immune from civil liability for any harm resulting from the use, provided the victim did not object.
• Acquirer Immunity: Entities that acquire and make AEDs available (including community associations like HOAs) are immune from liability if the harm was not due to a failure to properly maintain and test the device or provide appropriate training to employees or agents reasonably expected to use it.
• Exceptions to Training Requirements: An acquirer may still be immune without training employees if the device is equipped with visual/audible instructions, if the user was not an employee reasonably expected to use the device, or if there was insufficient time to train the employee before the incident occurred.
• Exclusions: Immunity does not apply in cases of willful or criminal misconduct, gross negligence, or reckless disregard for safety. It also does not protect licensed health professionals acting within the scope of their employment, hospitals, or device manufacturers.
• Insurance: Insurers are prohibited from requiring community associations to purchase medical malpractice liability coverage as a condition for issuing other coverages solely because they possess an AED.
Context for Youth Sports
While the FHSAA mandates cover specific school-based activities, legal frameworks suggest that other youth sports programs and municipally operated facilities should consult local legal counsel. Laws regarding immunity and requirements may vary for organizations not affiliated with a school district.
Georgia’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by educational mandates, athletic safety protocols, and civil liability protections.
Mandates for Schools and Emergency Preparedness
Georgia law requires specific emergency preparedness measures in K-12 schools, specifically regarding AED placement and planning under Section 20-2-775.
• Deployment: No later than July 1, 2025, every public K-12 school is required to have at least one functional AED on site.
• Accessibility: The device must be easily accessible during all school hours and during any school-related function, including athletic practices, competitions, and other occasions where students are present.
• Training and Planning: Schools must ensure that members of the emergency response team and expected AED users are certified in CPR and AED use. Additionally, schools must:
o Establish a written emergency action plan in accordance with nationally recognized standards.
o establish a designated internal response team.
o Conduct at least one emergency practice drill per semester.
o Notify emergency medical services (EMS) of the AED's existence and location.
Interscholastic Athletics and Sudden Cardiac Arrest
The Jeremy Nelson and Nick Blakely Sudden Cardiac Arrest Prevention Act (§ 20-2-324.5) establishes safety protocols for interscholastic athletic activities for grades 6 through 12.
• Education: Schools are required to hold informational meetings twice a year regarding the symptoms and warning signs of sudden cardiac arrest (SCA). An information sheet must be provided to each student's parent or guardian.
• Coach Requirements: Coaches must review DOE-approved guidelines and educational videos regarding SCA once every school year. A coach is ineligible to coach until this requirement is met.
• Removal from Play: A student who passes out or faints during or immediately following an activity must be removed from participation by the coach, athletic director, or athletic trainer. Students exhibiting other symptoms (e.g., chest pains, dizziness, racing heart) may be removed if an athletic trainer believes the symptoms are cardiac-related.
• Return to Play: A student removed from activity is prohibited from returning until evaluated and cleared in writing by a health care provider.
• Youth Sports: Sponsors of youth athletic activities are encouraged, though not required, to implement these provisions.
Liability and Immunity
Georgia provides broad civil immunity to encourage the availability and use of AEDs under Section 51-1-29.3.
• User Immunity: Any person who gratuitously and in good faith renders emergency care using an AED is immune from civil liability for any act or omission, provided the recipient of the care did not object.
• Premises and Installers: Immunity extends to the owner or operator of any premises who installs or provides an AED, as well as the physician who authorizes or supervises the installation.
• Trainers: Individuals who provide AED training are also immune from civil liability.
• School Decisions: Under the SCA Prevention Act, school boards, employees, and volunteers are protected from liability regarding decisions related to the removal or non-removal of a student from play.
• Exceptions: Immunity does not apply to acts of willful or wanton misconduct, nor does it protect licensed professionals acting with gross negligence within the scope of their profession. Additionally, manufacturers and maintenance providers are not covered by this immunity.
Hawaii’s enacted laws regarding Automated External Defibrillators (AEDs), primarily focused on civil liability protections and operational definitions.
Civil Liability and Good Samaritan Protections
Hawaii’s regulations regarding AEDs are codified in Title 36 (Civil Remedies and Defenses), Chapter 663 (Tort Actions), Section 663-1.5, specifically under the "Exception to liability" statutes. The state provides broad immunity to encourage the use of AEDs in life-threatening situations.
• User Immunity: Any person who attempts to resuscitate a person in immediate danger of loss of life using an AED is immune from civil damages resulting from any act or omission. This protection applies provided the person acts in good faith (defined as a reasonable opinion that the immediacy of the situation requires care not be postponed) and without remuneration or expectation of remuneration. This immunity is effective regardless of where the specific AED used is located.
• Vicarious Liability: Any person or employer who provides an AED or an AED training program is protected from vicarious liability. They are not liable for civil damages resulting from the acts or omissions of an employee or person who uses the device in good faith to attempt resuscitation.
• Program Administration: Physicians or physician assistants who administer an AED program without remuneration are immune from civil liability regarding the use of the device.
Operational Definitions and Duties
While the statute offers robust immunity for the use of the device, it specifically retains certain duties for owners and employers.
• Maintenance and Training Duties: The immunity statute explicitly states that it does not relieve any person, employer, or physician of duties imposed by law regarding the designation and training of employees, or duties regarding the maintenance of equipment to be used for resuscitation.
• AED Program Definition: The law defines an "Automated external defibrillator program" as an appropriate training course that includes cardiopulmonary resuscitation (CPR) and proficiency in the use of an AED.
• Exclusions: Immunity does not apply in cases of gross negligence or wanton acts or omissions.
Context for Youth Sports
While the specific texts provided do not detail mandates for schools or youth sports in Hawaii, it is noted that legal frameworks across the United States vary. Some laws apply specifically to school-sponsored athletics, municipally operated facilities, or youth sports programs. It is strongly recommended that local leagues and organizations in Hawaii consult with legal counsel to determine if specific local ordinances or additional regulations apply to their programs.
Idaho’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by the statutory authority to act and civil liability protections.
Statutory Framework
Idaho’s regulations regarding AEDs are codified in Title 39 (Health and Safety), Chapter 7 (Sudden Cardiac Arrest) of the Idaho Statutes. These sections were added to the state code in 2023.
Authority to Administer Aid
Under Section 39-702, the law explicitly grants authority to the general public to assist in emergencies. It states that any person may administer CPR or use an AED on another individual if they reasonably believe that the person is in sudden cardiac arrest.
Civil Liability and Immunity
To encourage the use of these life-saving devices, Section 39-703 provides statutory immunity to rescuers.
• Scope of Immunity: Any person who reasonably administers CPR or renders emergency care using an AED is not liable for any civil damages resulting from their acts or omissions.
• Conditions: To qualify for this immunity, the assistance must be rendered:
o At the scene of an accident or emergency.
o Without remuneration (payment) or the expectation of remuneration.
• Exceptions: The immunity does not apply if the acts or omissions amount to gross negligence or willful, wanton, or reckless misconduct.
Context for Youth Sports
While the specific texts provided for Idaho do not detail mandates for schools or youth sports, it is noted that legal frameworks across the United States vary. Some laws apply specifically to school-sponsored athletics, municipally operated facilities, or youth sports programs. It is strongly recommended that local leagues and organizations in Idaho consult with legal counsel to determine if specific local ordinances or additional regulations apply to their programs.
Illinois's enacted laws regarding Automated External Defibrillators (AEDs), categorized by educational mandates, operational requirements, and liability protections.
Statutory Framework and Intent
Illinois regulates the use of AEDs primarily under the Automated External Defibrillator Act (410 ILCS 4/1 through 4/30) and Section 105 ILCS 5/10-20.87 of the School Code. The General Assembly enacted these laws with the intent to encourage training in lifesaving first aid, set standards for the use of AEDs, and increase the number of lives saved through timely medical attention.
Mandates for Schools
Illinois law imposes specific requirements on school districts regarding the availability of AEDs.
• Deployment: A school district must require every attendance center to have at least one AED present.
• Accessibility: The device must be present during the school day as well as during any school-sponsored extracurricular activity that takes place on school grounds.
Operational and Maintenance Requirements
Under the Automated External Defibrillator Act, any person or entity acquiring an AED must adhere to strict operational standards to ensure the device is ready for use.
• Maintenance: The device must be maintained and tested according to the manufacturer’s guidelines.
• Training: Any person considered an "anticipated rescuer or user" must successfully complete a course of instruction in accordance with the standards of a nationally recognized organization (e.g., American Red Cross, American Heart Association). This training must include a curriculum in cardiopulmonary resuscitation (CPR).
• Emergency Procedures: Any person who renders out-of-hospital emergency care using an AED must activate the emergency medical services (EMS) system as soon as possible and report any clinical use of the device.
• Notification: A person in possession of an AED must notify an agent of the local emergency communications or vehicle dispatch center regarding the existence, location, and type of the device.
• State Oversight: The Illinois Department of Public Health is responsible for maintaining incident reports on AED use and conducting annual analyses of related data.
Definitions
The Act defines an AED as a medical device and heart monitor that is FDA-approved. It must be capable of recognizing ventricular fibrillation and rapid ventricular tachycardia, determining if defibrillation is required without operator intervention, and delivering an electrical impulse either automatically or at the command of an operator.
Liability and Immunity
Illinois provides civil liability protections to encourage the acquisition and use of AEDs. Provided the requirements of the Act are met, the following parties are not liable for civil damages resulting from acts or omissions involving the use of an AED, except in cases of willful or wanton misconduct,,:
• Users: An AED user acting in an emergency situation.
• Owners and Managers: Any person, unit of state or local government, sheriff's office, municipal police department, or school district that owns, occupies, or manages the premises where the AED is located.
• Trainers: Individuals or entities providing training in the use of AEDs.
• Physicians: Licensed physicians who authorize the purchase of an AED.
Exemption: These immunity provisions do not apply to public hospitals.
Context for Youth Sports
While the text outlines specific mandates for schools, it notes that legal frameworks vary regarding youth sports programs and municipally operated facilities not affiliated with school districts. It is strongly recommended that local leagues consult with legal counsel to determine the specific applicability of these laws and any local ordinances to their programs.
Indiana’s enacted laws regarding Automated External Defibrillators (AEDs) and sudden cardiac arrest, categorized by educational mandates, athletic safety protocols, and civil liability protections.
Mandates for Schools and Student Activities
Indiana Law, specifically IC 20-34-8, establishes comprehensive requirements for student safety regarding sudden cardiac arrest (SCA) and AEDs.
• Scope of Activities: These laws apply to "athletic activities," which include interscholastic competitions, cheerleading, marching bands, and other extracurricular activities (such as drama or musical leadership) where students are at an increased risk of SCA.
• Mandatory Training: Head coaches, assistant coaches, marching band leaders, and drama or musical leaders are required to complete a sudden cardiac arrest training course approved by the department. This training must include instruction on the use of an AED. Individuals are prohibited from coaching or leading these events until this training is completed.
• Educational Requirements: The department must disseminate information sheets regarding the nature and warning signs of SCA—such as fainting, difficulty breathing, chest pains, dizziness, and abnormal racing heart rate—to schools. Prior to beginning practice, students and parents must sign and return a form acknowledging receipt of this information.
• Removal and Return to Play: If a student is suspected of experiencing SCA symptoms during a practice or activity, they must be removed immediately, and their parent must be notified. The student may not return to play until the parent receives SCA information and provides verbal permission, followed by a written statement within 24 hours granting permission to return.
• Emergency Action Plans and Deployment: Schools "may" develop a venue-specific emergency action plan for sudden cardiac arrest.
o Goal: The plan should establish a goal of responding to a cardiac arrest within three minutes.
o Drills: The plan requires periodic drills.
o Deployment: Leaders may ensure an AED is present at high-risk events. An AED may be shared between two concurrent events if they are in close proximity and the device is placed in a designated location known to all leaders.
o Grants: Schools that develop a venue-specific emergency action plan are eligible to apply for grants to purchase AEDs.
Civil Liability and Immunity
Indiana provides statutory immunity to encourage the use of AEDs and the rendering of emergency care, codified primarily in Title 34, Chapter 12.
• User Immunity: A person who gratuitously renders emergency care using an AED is immune from civil liability for acts or omissions not amounting to gross negligence or willful or wanton misconduct. This immunity is conditional upon the person fulfilling the requirements set forth in IC 16-31-6.5.
• Entity Immunity: Businesses, organizations, or individuals who allow an expected user to use their AED are immune from civil liability for damages resulting from the user's acts or omissions, or for acquiring/providing the device. This immunity applies if they also fulfill the requirements of IC 16-31-6.5.
• School Leader Immunity: Coaches and leaders who comply with the training requirements and provide services in good faith are not personally liable for damages resulting from a student's sudden cardiac arrest, barring gross negligence or willful misconduct.
• Instructor/Director Immunity: Licensed physicians providing medical direction and approved AED instructors are immune from civil liability regarding the training or use of the device, provided their acts do not amount to gross negligence.
• CPR Immunity: Separate immunity exists for persons who have successfully completed a course in cardiopulmonary resuscitation (CPR) according to national standards and attempt to administer CPR without charge.
Operational and Registration Requirements
To maintain immunity and ensure safety, specific operational protocols must be followed under IC 16-31-6.5-5.
• Registration: Persons or entities (excluding licensed physicians, hospitals, and certain healthcare providers) must register the AED with the Department of Homeland Security.
• Notification: The entity must notify the ambulance service responsible for the location where the defibrillator is placed.
Context for Youth Sports
While the specific statutes provided focus heavily on schools, it is noted that many states have laws regarding youth sports programs or municipal facilities not affiliated with school districts. Local leagues in Indiana are strongly recommended to consult legal counsel to determine if specific local ordinances or regulations apply to their programs.
Iowa’s enacted laws regarding Automated External Defibrillators (AEDs), primarily focused on civil liability protections and emergency assistance.
Civil Liability and Immunity
Iowa regulations regarding AEDs are codified in Title XV (Judicial Branch and Judicial Procedures), Subtitle 3 (Civil Procedure), Section 613.17. This statute, known as "Emergency assistance in an accident," provides comprehensive immunity to individuals and entities involved in the use of AEDs to encourage their availability and deployment.
Protected Parties: Under Section 613.17(2), the following persons or entities are immune from civil liability for acts or omissions arising out of the use of an AED, provided they act reasonably and in good faith:
• Acquirers: A person or entity that acquires an AED.
• Premises Owners: A person or entity that owns, manages, or is otherwise responsible for the premises where an AED is located.
• Retrievers: A person who retrieves an AED in response to a perceived sudden cardiac arrest emergency.
• Users: A person who uses, attempts to use, or fails to use an AED in response to a perceived sudden cardiac arrest emergency.
• Instructors: A person or entity that provides instruction in the use of an AED.
Operational Requirements for Immunity
While the law provides broad protections, it imposes a specific condition on premises owners to maintain immunity. A person or entity responsible for the premises must maintain the AED in a condition for immediate and effective use at all times, subject to standards developed by the Department of Health and Human Services.
General Emergency Assistance
In addition to specific AED protections, Iowa law provides general immunity for emergency care.
• Good Samaritan Protection: Any person who renders emergency care or assistance without compensation in good faith is not liable for civil damages, unless their acts constitute recklessness or willful and wanton misconduct.
• Workplace and Volunteers: This protection explicitly extends to persons involved in workplace rescues and volunteers (such as fire fighters or ambulance personnel) who receive only nominal compensation.
Context for Youth Sports
While specific mandates for Iowa schools or youth sports programs are not detailed in these excerpts, it is noted that legal frameworks vary across states. Some laws apply specifically to school-sponsored athletics or municipally operated facilities. Consequently, it is strongly recommended that local leagues and organizations in Iowa consult with legal counsel to determine if specific local ordinances or additional regulations apply to their programs.
Kansas’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by civil liability protections, school mandates, and state facility guidelines.
Civil Liability and Immunity
Kansas law, specifically Section 65-6149a, provides broad civil immunity to encourage the availability and use of AEDs in emergencies.
• User Immunity: Any person who renders emergency care or treatment in good faith using an AED is not liable for civil damages resulting from the care or failure to act, provided they act as an ordinary, reasonably prudent person would have acted under similar circumstances.
• Owner and Entity Immunity: No person or entity that owns, leases, or possesses an AED and provides it for use is liable for civil damages, provided they have developed and followed guidelines to ensure the proper maintenance and operation of the device.
• Medical Oversight Immunity: Immunity extends to physicians who authorize the acquisition of an AED via prescription or participate in developing protocols for its use.
• Training Immunity: Individuals or entities that provide CPR and AED training are immune from liability regarding the training or use of the device, provided the training meets usual and customary standards.
Mandates for Schools and Athletics
Under Section 72-6288 (enacted via SB 19), Kansas imposes specific safety requirements on school districts regarding sudden cardiac arrest.
• Cardiac Emergency Response Plan: The board of education of each school district is required to adopt a cardiac emergency response plan. This plan must include:
o The establishment of a cardiac emergency response team.
o Procedures for identifying and implementing the placement of AEDs.
o Protocols for responding to sudden cardiac arrest incidents involving individuals attending school or participating in school-sponsored athletic practices, competitions, or other activities, whether on school grounds or at another location.
• Drills and Rehearsals: The law mandates that athletic directors, coaches, school nurses, and other designated personnel rehearse these emergency plans prior to the start of each athletic season or the beginning of each school year.
• Statewide Standards: The Secretary of Health is tasked with developing statewide standards for these cardiac emergency response plans.
Operational and Registration Requirements
Entities that acquire AEDs must adhere to specific state regulations to ensure coordination with emergency services.
• Registration: Persons or entities that purchase or possess an AED to be placed in a public place must register the device with the emergency medical services board. Summaries of the law also indicate a requirement to notify the local emergency medical service operating in the area.
• Maintenance: To maintain immunity, owners must ensure the device is properly maintained and tested.
State Facilities
The Secretary of Administration, in conjunction with the Kansas Highway Patrol, is required to develop guidelines for the placement of AEDs in state-owned or occupied facilities. These guidelines address:
• Which facilities should have AEDs readily available.
• Training recommendations for CPR and AED use.
• Integration with existing emergency response plans and coordination with local EMS.
• Note: The statute explicitly states that it does not compel the state to purchase AEDs.
Context for Youth Sports
While the specific mandates cited apply to school districts and state facilities, legal frameworks often vary regarding non-school youth sports programs. It is recommended that local leagues and organizations in Kansas consult with legal counsel to determine if specific local ordinances or additional regulations apply to their programs.
Kentucky's enacted laws regarding Automated External Defibrillators (AEDs), categorized by general operational requirements, educational and athletic mandates, and civil liability protections.
General Operational Requirements
Kentucky’s legislative intent, as outlined in KRS 311.665, is that AEDs may be used to save the life of a person in cardiac arrest when operating in accordance with the guidelines set in KRS 311.667. Any person or entity that acquires an AED must adhere to the following protocols:
• Physician Oversight: The acquiring person or entity must ensure the AED program has medical oversight by a physician licensed in Kentucky. This physician is responsible for ensuring compliance with training, maintenance, and EMS notification, establishing deployment protocols, and reviewing each clinical use of the AED.
• Training: Expected AED users must receive training in CPR and AED use through a nationally recognized course, such as those offered by the American Heart Association or the American Red Cross.
• EMS Notification: The acquirer must notify the local emergency medical services (EMS) system and dispatch center regarding the existence, exact location, and type of the AED.
• Maintenance: The device must be maintained and tested according to the manufacturer's operational guidelines.
• Emergency Activation: Anyone who uses an AED to render emergency care must activate the local EMS system as soon as possible and report any clinical use of the device to the overseeing physician.
• Specific Medical Settings: Kentucky law (201 KAR 8:550) outlines specific AED requirements for dental offices.
Mandates for Schools and Athletics
Kentucky has enacted several statutes to address sudden cardiac arrest in educational and interscholastic athletic settings:
• Athletic Events and Coaches: Under HB 383 (2009), high school coaches are legally required to be trained in CPR and the use of an AED. Furthermore, an AED must be on-site for every high school athletic practice, sporting event, and athletic activity. Earlier legislation (HB 107 in 2008) also sought to mandate the placement of FDA-approved AEDs in student athletic buildings, gymnasiums, and swimming pools.
• Student Training: Under SB 33 and KRS 158.302 (2016), students enrolled in grades 7 through 12 must receive CPR training at least one time before graduation, typically included in the health education curriculum. Waivers are provided for students with disabilities or who are physically unable to perform the skill.
• School Building Exemptions: While AEDs are mandated for athletic events, KRS 158.302 explicitly clarifies that high schools are not currently required to maintain an AED on the school premises for general daily operations. (Note: 2017 pending legislation under HB 252 proposed amending this to mandate AEDs in schools, but it was not listed as enacted).
Civil Liability and Good Samaritan Protections
To encourage bystander intervention during medical emergencies, Kentucky provides statutory immunity. Under KRS 311.667 (2000) and KRS 311.668 (2010), the state establishes guidelines for AED programs and explicitly provides Good Samaritan protections from civil liability for the emergency use of an AED.
Context for Youth Sports
While Kentucky’s laws establish strict mandates for high school interscholastic athletics, the legal frameworks governing independent youth sports programs and municipal facilities can vary. Some laws may only apply to school-sponsored activities or school-owned property, while others may encourage youth leagues to voluntarily follow interscholastic standards. It is strongly recommended that local youth sports organizations consult with legal counsel to determine the specific applicability of state laws or local ordinances to their programs.
Louisiana's enacted laws regarding Automated External Defibrillators (AEDs), categorized by facility mandates, operational requirements, and liability protections.
Statutory Framework
Louisiana’s regulations regarding AEDs are primarily found in Title 40 (Public Health and Safety), Sections 40:1137.1 through 40:1137.4, and Title 9 (Civil Code), Section 9:2793.
Mandates for Schools and Higher Education
Louisiana law imposes specific requirements on educational institutions regarding cardiac safety and emergency planning.
• Postsecondary Institutions: Each postsecondary education institution must have an AED on the premises in an easily accessible location within its athletic department. Additionally, the institution must have a written cardiac emergency response plan establishing specific steps to reduce death from cardiac arrest at intercollegiate athletic events.
• K-12 Schools: Every elementary, middle, and high school that sponsors an interscholastic athletic event is required to have an AED and a user trained in first-aid and CPR present at the event. These schools must also maintain a cardiac emergency response plan that meets minimum statutory guidelines.
• Funding: The legislature created the “Jump Start Your Heart Fund” to receive appropriations, donations, or transfers. These funds are designated for purchasing AEDs for every public school (elementary through postsecondary) in the state.
Mandates for Physical Fitness Facilities
State law mandates that "physical fitness facilities" must keep an AED on the premises.
• Definition: A physical fitness facility is defined as a for-profit or nonprofit facility with a membership of over fifty (50) persons that offers physical fitness services.
• Scope: This includes, but is not limited to, clubs, studios, health spas, weight control centers, clinics, figure salons, tanning centers, athletic or sport clubs, and YWCA/YMCA organizations.
Operational Requirements for AED Possessors
Section 40:1137.3 sets forth duties for any person or entity that possesses an AED to ensure the device is used effectively and safely.
• Training: "Expected users" (designated by the possessor to render care) must receive appropriate training in CPR and the use of an AED.
• Emergency Procedures: Emergency services must be activated as soon as possible after an AED is used in a cardiac arrest situation.
• Notification: The possessor must notify a local emergency services provider regarding the acquisition, location, and type of the AED.
Liability and Immunity
Louisiana provides civil immunity to encourage the use of AEDs, though there are specific conditions and exclusions.
• Specific AED Immunity: Section 40:1137.4 grants immunity to any "expected user" of an AED regularly on the premises. They are protected from civil damages for acts or omissions related to the operation (or failure to operate) of the device, provided their conduct does not amount to willful or wanton misconduct or gross negligence.
• General Good Samaritan Immunity: Section 9:2793 states that no person who gratuitously renders emergency care, first aid, or rescue in good faith at the scene of an emergency is liable for civil damages. The statute explicitly clarifies that "rendering emergency care" includes the use of an AED.
• Exclusions: Immunity does not apply to individuals who intentionally or by grossly negligent acts cause damage. Furthermore, the general Good Samaritan protection in Section 9:2793 does not apply if the care is rendered incidental to a business relationship or if the provider is compensated.
Context for Youth Sports
While specific mandates are outlined for schools and fitness facilities, legal frameworks often vary regarding youth sports programs and municipally operated facilities not affiliated with a school district. It is strongly recommended that local leagues and organizations in Louisiana consult with legal counsel to determine the specific applicability of these laws and any local ordinances to their programs.
Maine’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by civil liability protections, state registry requirements, and school authorizations.
Civil Liability and Immunity
Maine law, specifically Title 22 (Health and Welfare), Section 2150-C, provides broad civil immunity to encourage the availability and use of AEDs.
• Scope of Immunity: Absent gross negligence or willful and wanton misconduct, specific individuals and entities are immune from civil liability for damages.
• Protected Parties: This immunity extends to:
o Any person or entity that acquires an AED.
o Any person or entity that owns, manages, or is otherwise responsible for the premises where an AED is located.
o Any person who retrieves an AED in response to a perceived sudden cardiac arrest.
o Any person who uses, attempts to use, or fails to use an AED in response to a perceived emergency.
o Any physician or authorized person who issues a prescription for the device.
o Any person or entity involved in the design, management, or operation of an AED program.
o Any person or entity that provides instruction in the use of an AED.
State Registry
Under Title 32, Section 88-C, the state mandates the tracking of AED locations to facilitate emergency response.
• Registry Maintenance: The Director of Maine Medical Emergency Services is required to establish and maintain a registry of publicly accessible AEDs located within the state.
• Purpose: The registry is intended to assist persons or first responders who call for assistance during an emergency situation.
Schools and Education
Title 20-A, Section 6304 addresses the placement of AEDs and training within the education system.
• Placement: School boards are authorized ("may") to place AEDs in occupied school buildings and at athletic events.
• Training: School personnel and members of the public may receive training on how to perform cardiopulmonary resuscitation (CPR) and use an AED.
Context for Youth Sports
While the specific statutes provided focus on schools and general immunity, it is noted that legal frameworks vary regarding youth sports programs and municipally operated facilities not affiliated with school districts. It is strongly recommended that local leagues and organizations in Maine consult with legal counsel to determine if specific local ordinances or additional regulations apply to their programs.
Maryland’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by the Public Access AED Program, educational mandates, and liability protections.
The Public Access Automated External Defibrillator Program
Maryland established the Public Access Automated External Defibrillator Program to coordinate statewide public access to defibrillation and to implement initiatives for co-locating naloxone with AEDs. Administered by the Emergency Medical Services (EMS) Board, the program sets strict requirements for facilities that wish to make AEDs available.
• Certification: Facilities (defined as agencies, associations, corporations, etc.) must possess a valid certificate from the EMS Board to make an AED available. Certificates are valid for 3 years.
• Operational Requirements: To qualify for and maintain a certificate, a facility must:
o Comply with a written protocol approved by the EMS Board, which includes calling 911 as soon as possible upon use.
o Establish procedures for maintenance, placement, operation, and quality improvement.
o Maintain the device and supplies according to manufacturer and FDA standards.
o Ensure expected users successfully complete educational training in CPR and AED use (referencing AHA or Red Cross standards).
• Reporting: A registered facility must report the use of an AED to the Maryland Institute for Emergency Medical Services Systems (MIEMSS) for review.
• Exemptions: Certification requirements do not apply to jurisdictional EMS programs, licensed commercial ambulance services, health care facilities, or dentist/physician offices authorized to use AEDs under their licenses. Additionally, grocery stores and restaurants subject to § 21–330.3 of the Health–General Article are excluded from the definition of "facility" under this specific statute.
Mandates for Schools and Athletics
Maryland law imposes comprehensive safety mandates on both public and nonpublic schools regarding cardiac emergency preparedness.
Public Schools (Middle and High Schools)
• County Programs: Each county board is required to develop and implement an AED program for every high school and middle school in the county that meets the state's Public Access AED Program requirements.
• Venue-Specific Emergency Action Plans (EAPs): Each school must develop a venue-specific EAP for all athletic facilities. This plan must include:
o AED Availability: An AED must be provided on-site, located at or within a brief walk from an athletic practice or event, and be freely accessible during all school functions.
o Training: All members of the coaching staff must be trained in the operation and use of an AED.
o Presence: A trained member of the coaching staff must be present at all athletic practices and events on school property.
o Cardiac Emergency Response Plan: The EAP must include a specific cardiac response plan that identifies a response team, coordinates with local EMS, and establishes activation procedures.
Nonpublic Schools
• State Funding Requirement: Any nonpublic middle or high school that receives State funding must also develop a venue-specific EAP for all athletic facilities.
• Parity with Public Schools: The requirements for nonpublic schools mirror those of public schools, including the mandate for on-site AEDs, accessible placement, trained coaching staff, and the presence of a trained coach at all practices and events.
Liability and Immunity
Maryland provides statutory civil liability protections to encourage the availability and use of AEDs.
• Registered Facilities: A facility that possesses a valid certificate and satisfies the program requirements is not civilly liable for acts or omissions in the provision of automated external defibrillation.
• Individual Immunity: An individual is not civilly liable for acts or omissions if:
o They act in good faith to render aid to a victim (or perceived victim) of sudden cardiac arrest.
o The assistance is provided in a reasonably prudent manner.
o The assistance is provided without fee or compensation.
• General Good Samaritan Laws: Under Courts and Judicial Proceedings §5–603, individuals who are not otherwise covered are not civilly liable for providing assistance at the scene of an emergency if they act in a reasonably prudent manner without compensation and relinquish care when a medical professional arrives.
• Exceptions: Immunity does not apply if the conduct amounts to gross negligence, willful or wanton misconduct, or intentionally tortious conduct.
Massachusetts's enacted laws regarding Automated External Defibrillators (AEDs), categorized by educational mandates, emergency planning, and civil liability protections.
Statutory Framework
Massachusetts regulates the use and presence of AEDs primarily under Title XII (Education) and Title XVI (Public Health) of the General Laws. Specifically, these regulations are found in Chapter 69, Section 8A; Chapter 71, Section 54C; and Chapter 112, Section 12V.
Mandates for Schools and Athletics
Massachusetts imposes strict requirements on school districts, vocational districts, charter schools, and approved private day or residential schools regarding the maintenance and availability of AEDs.
• Deployment Requirement: Every qualifying school facility where instruction is provided must provide and maintain at least one AED on site.
• Athletic Events: School administration is explicitly required to ensure that an AED and a certified AED provider are readily available at any school-sponsored athletic event.
• Personnel and Training:
o Schools must have a person on staff who is an "AED provider".
o An AED provider is defined as a person who has successfully completed a course in cardiopulmonary resuscitation (CPR) and AED use that meets the standards of the American Heart Association or the American National Red Cross.
o Access to training in CPR and first aid must be provided to teachers, athletic coaches, trainers, and other school staff.
• Hardship Waivers: If a school system is unable to comply with these requirements, they may request a hardship waiver from the Department of Elementary and Secondary Education, which also helps identify grant funding for AED purchases.
Emergency Response Planning
Under Chapter 69, Section 8A, school committees and charter school boards must ensure every school has a written medical and behavioral health emergency response plan.
• Plan Components: Regarding cardiac safety, these plans must include:
o The location of any AED the school possesses (fixed or portable).
o A list of personnel trained in the device's use.
o A method for establishing a rapid communication system linking all parts of the campus, including outdoor facilities and practice fields, to emergency services.
o A determination of emergency response times to locations on campus.
• Reporting: Schools must report to the department on the availability of AEDs, including the total number available, their locations, and the estimated number needed to ensure campus-wide access during school hours, after-school activities, and public events.
• Review: Plans must be developed in consultation with local police, fire, and emergency personnel, and response sequences must be practiced at the beginning of each school year.
Liability and Immunity
Massachusetts provides civil liability protections to encourage the use of AEDs in emergencies.
• General Immunity: Under Chapter 112, Section 12V, any person who attempts to render emergency care (including CPR or defibrillation) in good faith and without compensation is not liable for acts or omissions resulting from the attempt.
• School Staff Immunity: Chapter 71, Section 54C provides specific immunity for school staff members designated as AED providers. If they attempt to render emergency care in good faith and without compensation, they are not liable for acts or omissions.
• Exceptions: Immunity does not apply in cases of gross negligence or willful or wanton misconduct.
Context for Youth Sports
While the statutes explicitly cover school-sponsored athletic events, legal frameworks regarding non-school youth sports programs and municipally operated facilities may vary. It is recommended that local leagues consult with legal counsel to determine the applicability of local ordinances or regulations regarding sudden cardiac arrest.
Michigan’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by educational mandates, athletic coaching requirements, and civil liability protections.
Mandates for Schools and Emergency Planning
Effective beginning with the 2025-2026 school year, Michigan law imposes specific requirements on public and nonpublic schools regarding cardiac safety and emergency response.
• Cardiac Emergency Response Plan: The governing body of a school must develop a cardiac emergency response plan. This plan addresses the use of school personnel to respond to sudden cardiac arrest or similar life-threatening emergencies on campus during school hours or school-sponsored events.
• Athletic Department Requirements: If a school has an organized athletic program, the emergency plan must include implementation at school-sponsored athletic events.
• AED Placement: The plan must provide for the placement of AEDs in accessible locations throughout the campus that are easily retrievable. As funding allows, schools must make the "best effort possible" to ensure AEDs are accessible within one to three minutes of a cardiac emergency.
• Training: School personnel included in the cardiac emergency response plan are required to be trained in First Aid, CPR, and AED use.
Coach Certification
Under MCL Section 380.1319, strict certification standards are applied to high school athletic staff.
• Mandatory Certification: Beginning with the 2025-2026 school year, an individual is prohibited from serving as a high school athletic coach unless they maintain appropriate certification in CPR and AED use.
Civil Liability and Immunity
Michigan law provides statutory immunity to encourage the use of AEDs and the rendering of emergency care, codified primarily in MCL Section 691.1504.
• Voluntary User Immunity: An individual who has no duty to do so, and who voluntarily renders emergency services using an AED in good faith, is not liable in a civil action for damages resulting from acts or omissions in rendering that care.
• Extended Immunity: Subject to the same conditions, immunity extends to specific parties associated with the AED:
o A physician who provides medical authorization for the device's use.
o An individual who instructs others in the use of the device.
o An individual or entity that owns, occupies, or manages the premises where the AED is located or used.
• School Personnel Immunity: Sections 29.19b and 380.1319 explicitly provide immunity for public and nonpublic school personnel included in the cardiac emergency response plan, as well as coaches who administer CPR or use an AED.
• Exceptions: Immunity does not apply if the acts or omissions constitute gross negligence or willful and wanton misconduct.
Context for Youth Sports
While the statutes explicitly cover school-sponsored activities, legal frameworks regarding non-school youth sports programs and municipally operated facilities may vary. It is strongly recommended that local leagues and organizations in Michigan consult with legal counsel to determine the applicability of local ordinances or additional regulations regarding sudden cardiac arrest.
Minnesota’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by registration mandates, operational classifications, and civil liability protections.
Statutory Framework
Minnesota’s regulations regarding AEDs are primarily found in Chapter 403 (911 Emergency and Public Safety Communications), specifically Section 403.51, and Chapter 604A (Civil Liability Limitations), specifically Section 604A.01, often referred to as the Good Samaritan Law.
Public Access AED Requirements
Under Section 403.51, stringent requirements apply to "Public Access AEDs," defined as devices intended by markings or display to be used by the general public.
• Registration: A person who purchases or obtains a public access AED must register the device with an approved AED registry (such as the Minnesota AED Registry or a manufacturer-specific program) within 30 working days of receipt.
• Required Information: The registration must include the manufacturer, model, serial number, specific location of the device, and the contact information of a management person at the location. Any changes to this information must be updated within 30 working days.
• Maintenance and Inspection: Public access AEDs must be reasonably maintained, including the replacement of expiring batteries and pads. They are subject to inspection by public safety agencies during regular business hours. If a device is found not ready for immediate use, an authorized agent may order its removal or the covering of related signs.
• Emergency Planning: Owners of public access AEDs are required to develop an emergency response plan appropriate for the facility.
Classifications and Exemptions
The law distinguishes "Public Access AEDs" from other categories, which have different regulatory obligations:
• Mobile AEDs: Defined as devices purchased for use in a vehicle or those not placed in stationary storage, including AEDs used at athletic events. Owners of mobile AEDs are not subject to the registration and inspection requirements of Section 403.51 but are encouraged to maintain the device consistently.
• Private-Use AEDs: Devices not intended for public access (e.g., in private residences) are also exempt from registration requirements but are encouraged to be maintained.
• Staff-Only AEDs: The definition of "Public Access AED" explicitly excludes devices owned by hospitals, clinics, businesses, or organizations that are intended for staff use only and are not displayed to encourage public access.
Civil Liability and The Good Samaritan Law
Minnesota’s Section 604A.01 outlines both a duty to assist and immunity protections.
• Duty to Assist: Unlike many states, Minnesota law imposes a duty on any person at the scene of an emergency who knows another is suffering grave physical harm to give reasonable assistance (which may include calling for help), provided it can be done without danger to self or others. Violation of this subdivision is a petty misdemeanor.
• General Immunity: A person who renders emergency care, advice, or assistance (including the use of an AED) without compensation or the expectation of compensation is not liable for civil damages.
• Scope: This immunity extends to volunteers (such as volunteer firefighters or ambulance attendants) who receive nominal payments or pension benefits.
• Exceptions: Immunity does not apply if:
o The act constitutes willful and wanton or reckless misconduct.
o The person on whom the device is used objects.
o The care is rendered during the course of regular employment duties for which the person is compensated.
Context for Youth Sports
While "Mobile AEDs" used at athletic events are exempt from state registration mandates, legal frameworks regarding youth sports vary. It is strongly recommended that local leagues consult with legal counsel to determine the applicability of any local ordinances or specific regulations regarding sudden cardiac arrest in their jurisdiction.
Mississippi’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by educational mandates, liability protections, and operational requirements.
Statutory Framework
Mississippi’s regulations regarding AEDs are primarily found in Title 37 (Education), Title 41 (Public Health), and Title 73 (Professions and Vocations) of the Mississippi Code Annotated. Specifically, the relevant sections are Section 37-11-87, Section 41-60-33, and Section 73-25-37.
Mandates for Public Schools
Under Section 37-11-87, Mississippi law imposes specific safety requirements on public schools regarding cardiac emergency preparedness.
• Cardiac Emergency Response Plan: Each public school is required to develop a cardiac emergency response plan.
• Training: This plan requires that appropriate school staff receive training in CPR, first aid, and the use of an AED. This mandate explicitly includes, but is not limited to, licensed coaches and athletic trainers.
• Integration of Guidelines: The plan must integrate certain guidelines to ensure effective response protocols.
Liability and Immunity
Mississippi provides statutory civil liability protections to encourage the use of AEDs in emergencies, even for individuals who may not have specific training.
• Immunity for Untrained Users: Section 73-25-37 provides that a person who has access to an AED and uses it in good faith in an emergency is immune from civil liability regarding the operation (or failure to operate) of the device.
• Scope: This immunity applies even if the person has not complied with the specific training and requirement provisions set forth in Sections 41-60-31 through 41-60-35, provided they act as an ordinary prudent person would.
• Exceptions: Immunity does not apply if the person’s act or failure to act rises to the level of willful or wanton misconduct or gross negligence.
• Professional Liability: This section also addresses the liability of healthcare professionals (physicians, dentists, nurses, EMTs) rendering emergency care.
Operational Requirements
Section 41-60-33 outlines the general requirements and training standards for the use of an AED. While these standards establish the protocols for proper AED maintenance and use, the liability statutes noted above protect individuals who act in good faith even if they have not fully complied with these specific administrative provisions.
Context for Youth Sports
While the statutes explicitly cover public schools and general liability, legal frameworks regarding non-school youth sports programs and municipally operated facilities may vary. Some laws are applicable to youth sports programs or encourage them to follow interscholastic sports laws, but this varies by jurisdiction. It is strongly recommended that local leagues consult with legal counsel to determine the applicability of any local ordinances or additional regulations regarding sudden cardiac arrest.
Missouri's enacted laws regarding Automated External Defibrillators (AEDs), categorized by operational requirements, training standards, and liability protections.
Statutory Framework
Missouri’s regulations regarding AEDs are primarily found in Title 12 (Public Health and Welfare), specifically Section 190.092 (cited as the "Public Access to Automated External Defibrillator Act") and Section 190.1005. These provisions apply in all counties within the state and any city not within a county.
Operational Requirements for Acquirers
Under Section 190.092, any person or entity that acquires an AED must adhere to specific maintenance and inspection protocols to ensure the device is functional.
• Maintenance: The device must be maintained and tested according to the manufacturer’s operation and maintenance guidelines.
• Testing: The AED must be tested at least every two years and after each use.
• Inspection: An inspection of all AEDs on the premises must be made at least every 90 days. This inspection checks for potential issues, such as a blinking light or other obvious defects that suggest tampering or functionality problems.
• Placement: Acquirers must comply with all regulations governing the placement of the device.
Ambulance Mandates
Missouri law places specific equipment requirements on emergency transport vehicles. All basic life support ambulances and stretcher vans operated in the state must be equipped with an AED and staffed by at least one individual trained in its use.
Training Standards
Section 190.1005 mandates the integration of AED instruction into general CPR training.
• Integrated Instruction: Any training or course in cardiopulmonary resuscitation (CPR) is required to include instruction on the proper use of AEDs.
• Standards: This training must follow the standards created by the American Red Cross, the American Heart Association, or equivalent evidence-based standards from a nationally recognized organization.
Liability and Immunity
To encourage the use of AEDs in emergencies, Missouri provides broad immunity from both civil damages and criminal penalties.
• User Immunity: Any person who gratuitously and in good faith renders emergency care by using or providing an AED is not liable for civil damages or subject to criminal penalties.
• Extended Immunity: This immunity extends to:
o The person or entity that provides training to the user.
o The person or entity responsible for the site where the AED is located.
o The person or entity that owns the AED.
• Exceptions: Immunity does not apply if the person acts in a willful, wanton, or reckless manner in providing care, advice, or assistance.
Context for Youth Sports
While the specific statutes provided do not detail mandates for youth sports programs in Missouri, legal frameworks in many states vary regarding the applicability of laws to municipally operated facilities or independent leagues. It is strongly recommended that local leagues consult with legal counsel to determine the applicability of any local ordinances or regulations regarding sudden cardiac arrest.
Montana’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by operational requirements for entities, school safety mandates, and civil liability protections.
Statutory Framework and Definitions
Montana’s regulations regarding AEDs are primarily found in Title 50 (Health and Safety), Chapter 6 (Emergency Medical Services), Part 5 of the Montana Code Annotated.
• AED Definition: The law defines an AED as a medical device approved by the FDA that is capable of recognizing ventricular fibrillation or rapid ventricular tachycardia and determining, without operator intervention, whether defibrillation should be performed.
• Entity Definition: The regulations apply to "entities," defined broadly to include public agencies, departments, boards, as well as private corporations, businesses, or groups.
Operational Requirements for Entities
Under Section 50-6-502, any entity that uses or allows the use of an AED must strictly adhere to specific operational protocols to ensure safety and coordination with emergency services.
• Written Plan: The entity must establish a written plan for the use of the AED.
• Notification: The entity must provide written notice of the AED's location to the public safety answering point (9-1-1 center) for the jurisdiction. Additionally, the entity’s written plan must be provided to all emergency medical services (EMS) servicing the area.
• Maintenance and Records: The device must be maintained, tested, and operated according to the manufacturer's guidelines. The entity is required to maintain written records of all maintenance and testing performed.
• Emergency Activation: Each time an AED is used for an individual in cardiac arrest, the entity must ensure that EMS is summoned as soon as possible.
• Training: Individuals authorized to operate an AED must receive appropriate training in CPR and the proper use of AEDs.
Reporting and School Mandates
Because the Montana Legislature meets biennially, some requirements are established via the administrative rulemaking process under the Department of Public Health and Human Services.
• Incident Reporting: Under Rule 37.104.606, an entity’s manager must make a report to the Department of Public Health and Human Services each time an AED is attached to a patient.
• School Safety: Rule 37.111.812 specifically addresses safety requirements in schools. It mandates that first aid kits and AEDs must be provided and stored in accessible locations that are easily identifiable to staff and trained personnel.
Liability and Immunity
Section 50-6-505 provides civil liability protections, but these protections are explicitly conditional upon compliance with state regulations.
• Conditional Immunity: Any individual providing care using an AED is immune from civil liability for personal injuries resulting from that care, provided the use is in compliance with Section 50-6-502 and its associated administrative rules.
• Scope: This immunity extends to acts or failures to act in providing or arranging further medical treatment.
• Exceptions: Immunity does not apply if the person acted with gross negligence or with willful or wanton disregard for the care of the person requiring the AED.
Context for Youth Sports
While the text outlines specific mandates for schools and defined entities, it is noted that legal frameworks vary regarding youth sports programs and municipally operated facilities. It is strongly recommended that local leagues consult with legal counsel to determine the applicability of any local ordinances or additional regulations regarding sudden cardiac arrest.
Nebraska’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by civil liability protections and operational notification requirements.
Statutory Framework
Nebraska’s regulations regarding AEDs are codified in Chapter 71 (Public Health and Welfare), Section 71-51,102 of the Nebraska Revised Statutes.
Civil Liability and Immunity
Nebraska law provides statutory immunity to encourage the use of AEDs in emergency situations.
• Good Samaritan Protection: Any person who delivers emergency care or treatment using an AED is not liable in any civil action for damages resulting from their acts or omissions, provided the care is rendered in good faith.
• Exclusions: This immunity does not apply in the following circumstances:
o Professional Capacity: It does not cover the acts or omissions of a health care professional acting in their professional capacity or within a health care facility.
o Misconduct: It does not grant immunity for acts or omissions that constitute willful, wanton, or gross negligence.
• Relationship to Other Laws: The statute explicitly states that it does not limit the immunity provisions available to certain health care professionals under Section 38-1232.
Operational Requirements: Notification
To ensure coordination with emergency responders, the state imposes specific notification mandates on those who acquire an AED.
• Mandatory Reporting: Any person or entity that acquires an AED must notify the local emergency medical service regarding:
o The existence of the defibrillator.
o The location of the defibrillator.
o The type of the defibrillator.
o Any change in the location of the defibrillator.
• Exemptions: This notification requirement does not apply if the AED was acquired for use in a private residence, a health care facility, or a health care practitioner facility.
Context for Youth Sports
While the provided texts do not detail specific mandates for schools or youth sports in Nebraska, it is noted that legal frameworks across the United States vary. Some laws apply specifically to school-sponsored athletics, municipally operated facilities, or youth sports programs. It is strongly recommended that local leagues and organizations in Nebraska consult with legal counsel to determine if specific local ordinances or additional regulations apply to their programs.
Nevada’s enacted laws regarding Automated External Defibrillators (AEDs), categorized by placement mandates, operational requirements, state registration, and civil liability protections.
Statutory Mandates for Placement
Nevada law, specifically NRS 450B.600, imposes mandatory placement requirements for AEDs in specific public locations based on population thresholds.
• School Districts: In counties with a population of 100,000 or more, the school district must ensure at least one AED is placed in a central location at each high school.
• Airports:
o The Reno-Tahoe Airport Authority must place at least three AEDs in central locations at the largest airport within the county.
o In counties with a population of 700,000 or more, the board of county commissioners must ensure at least seven AEDs are placed at the largest airport.
• Universities: The Board of Regents must ensure at least two AEDs are placed in the largest indoor sporting arena or events center controlled by the University in counties with populations over 100,000.
• State Buildings: The Division of Public and Behavioral Health must ensure at least one AED is placed in the Capitol Building, the Legislative Building, and the Grant Sawyer Building.
• County Buildings: In counties with a population of 100,000 or more, the commissioners must identify five high-traffic county buildings or offices and place at least one AED in each.
Schools and Athletic Facilities
Beyond the mandatory placement in high schools for large counties, NRS 450B.620 provides a framework for discretionary placement in other educational and recreational settings.
• Discretionary Placement: School boards may, to the extent money is available, provide for the placement of AEDs in each public school and at each athletic facility maintained by the district that is separate from a school.
• Device Standards: Any AED placed under this section must be appropriate for use on both children and adults.
• Health Clubs: Medical facilities and health clubs are also authorized to place AEDs in central locations.
Operational and Training Requirements
Entities that are required or choose to place AEDs must adhere to strict operational protocols to ensure the devices are ready for use and that personnel are prepared.
• Maintenance: Entities must ensure that AEDs are inspected and maintained on a regular basis according to the manufacturer's operational guidelines.
• Training: Entities must require any employee expected to use the AED to successfully complete training in basic emergency care and CPR. This training must include AED operation and meet the standards of the American Heart Association or the American National Red Cross.
• Emergency Notification: Businesses must establish requirements for notifying emergency medical assistance when a device is used.
State Registration and Database
Under NRS 450B.610, the state maintains a centralized system to track AEDs.
• Database: The Division of Public and Behavioral Health maintains a database containing the name and address of owners of commercial AEDs and the specific location of the device. This information is available to emergency medical dispatchers.
• Manufacturer Duties: Manufacturers selling commercial AEDs in Nevada must provide information regarding installation and training to buyers. They must also report the names and addresses of purchasers to the Division quarterly.
• Registration: Purchasers of commercial AEDs may register their devices with the Division. Private owners (residential) may also register their devices.
Liability and Immunity
Nevada provides statutory civil liability protections under NRS 41.500 to encourage the use of AEDs in emergencies.
• User Immunity: Any person who gratuitously (without compensation) and in good faith renders emergency medical care involving the use of an AED is not liable for civil damages, provided their acts do not amount to gross negligence.
• Business/Premises Immunity: A business or organization that places an AED for use on its premises is not liable for civil damages resulting from the act or omission of the person rendering care, provided the business:
o Complies with all federal and state regulations regarding placement and use.
o Ensures the device is maintained and tested.
o Establishes notification requirements for emergency medical assistance.
• School Presumption: Persons acting in good faith to render CPR/AED care on public school grounds or in connection with school activities are presumed to be acting "other than in the course of the person’s regular employment," triggering Good Samaritan protections.
Context for Youth Sports
While the specific statutes provided focus on schools and public facilities, it is noted that legal frameworks across the United States vary regarding youth sports programs and municipal facilities. It is strongly recommended that local leagues and organizations in Nevada consult with legal counsel to determine if specific local ordinances or additional regulations apply to their programs.
New Hampshire's enacted laws regarding Automated External Defibrillators (AEDs), categorized by acquisition and training mandates, state registration requirements, school safety protocols, and civil liability protections.
Statutory Framework
New Hampshire’s regulations regarding AEDs are primarily found in Title XII (Public Safety and Welfare), Chapter 153-A, and Title XV (Education), Chapter 200.
Acquisition and Training Requirements
Under Section 153-A:30, specific obligations are placed on any entity—including persons, associations, corporations, or organizations—that acquires an AED.
• Mandatory Training: The acquiring entity must require "anticipated responders" expected to use the device to receive training in cardiopulmonary resuscitation (CPR) and AED use.
• Public Access: The statute explicitly states that the use of an AED is not limited to these anticipated responders, nor does the training requirement limit the liability protections provided by law.
State Registry and Notification
To ensure coordination with emergency services, the state maintains a centralized tracking system for AEDs under Sections 153-A:32 and 153-A:33.
• Registry: The Department of Safety maintains a registry of all AEDs in the state, which includes the address and precise location of each device. This information may be released to first responders via the enhanced 911 system.
• Registration Duty: Owners of an AED must register the device with the Department of Safety within 30 days of acquisition.
• Manufacturer Duty: Manufacturers or distributors are required to provide written notice to purchasers regarding this registration requirement.
• Exemption: These registration provisions do not apply to owners who purchase an AED for use in a private residence.
Mandates for Schools and Athletics
Section 200:40-c imposes strict safety standards on local school boards and governing bodies of nonpublic schools (grades 4 through 12) regarding sports-related injuries.
• Emergency Action Plan: Schools must establish an emergency action plan for serious sports-related injuries. This plan must identify the location of any AEDs and list personnel (such as coaches and athletic trainers) trained in CPR and AED use.
• Accessibility and Placement: If a school has an AED:
o At least one device must be readily accessible in a well-marked and safe place.
o The device cannot be locked in an office or stored in a location that is not easily and quickly accessible.
o AEDs must be readily accessible to each athletic venue where practices and competitions are held.
• Maintenance: Schools must regularly check and maintain their AEDs according to the manufacturer's instructions.
• Supervision: For grades 6-12, an individual trained in CPR must supervise organized school-sponsored sports activities.
Civil Liability and Immunity
New Hampshire provides statutory immunity to encourage the availability and use of AEDs under Section 153-A:31.
• User Immunity: Any person who renders emergency care using an AED in good faith and without compensation is not liable for civil damages for any acts or omissions.
• Acquirer Immunity: Any person or entity that acquires and maintains an AED for emergency care is not liable for civil damages.
• Exceptions: Immunity does not apply if the acts or omissions constitute gross negligence or willful and wanton misconduct.
Context for Youth Sports
While the statutes explicitly cover school-sponsored athletics, legal frameworks regarding non-school youth sports programs and municipally operated facilities may vary. It is strongly recommended that local leagues consult with legal counsel to determine the applicability of any local ordinances or additional regulations regarding sudden cardiac arrest.
New Jersey's enacted laws regarding Automated External Defibrillators (AEDs), primarily defined by Janet’s Law (N.J.S.A. 18A:40-41a through 41c) and civil liability statutes under Title 2A.
Mandates for Schools (Janet’s Law)
Janet’s Law imposes specific requirements on both public school districts and nonpublic schools that provide instruction to students in grades K-12 regarding cardiac safety and AED availability.
• Placement and Accessibility:
o On-Site Requirement: Every school must have at least one AED in every school building.
o Accessibility: The device must be stored in an unlocked location on school property with an appropriate identifying sign. It must be accessible during the school day (including physical education and recess) and during any school-sponsored athletic event or team practice.
o Proximity: The AED must be located within "reasonable proximity" of the school athletic field or gymnasium. While the law leaves the definition of "reasonable" to local decision-making, the American Academy of Pediatrics (NJ Chapter) recommends a location that is a one to one-and-a-half-minute walk from any location.
• Athletic Events and Practices:
o Scope: The law applies to "athletic activities," defined to include interscholastic athletics, cheerleading, club-sponsored sports, and scrimmages.
o Staffing: A team coach, licensed athletic trainer, or other designated staff member trained in CPR and AED use must be present for all athletic events or team practices. This requirement may also be satisfied by the presence of a State-certified emergency services provider.
o Off-Campus Events: Schools are responsible for ensuring AED availability at off-campus school-sponsored practices and competitions (e.g., golf or cross-country). If the off-campus facility (like a golf course) does not have a device within reasonable proximity, the school must bring one.
• Emergency Planning:
o Action Plan: Every school/district must establish and implement an Emergency Action Plan (EAP) for responding to sudden cardiac events.
o Certified Personnel: This plan must list no less than five (5) school employees, coaches, or licensed athletic trainers who hold current certifications in CPR and the use of an AED.
Civil Liability and Immunity
New Jersey provides statutory immunity to encourage the acquisition and use of AEDs under Title 2A (Administration of Civil and Criminal Justice).
• Immunity for Users and Acquirers:
o Scope: Immunity from civil liability for personal injury is granted to any person or entity that, in good faith, acquires, provides, maintains, or uses an AED to render emergency care.
o Lay Persons: The entity acquiring the AED is not liable for the actions of a lay person who uses the device to provide care.
o Duty to Act: The law specifies that it is not considered gross negligence or willful misconduct to fail to use an AED in the absence of a preexisting duty to do so.
• Exclusions: Immunity does not apply if the acts or omissions constitute gross negligence or willful or wanton misconduct.
• Operational Requirements for Immunity: To maintain these protections, the acquiring person or entity must:
o Ensure that anticipated users hold certification in AED use.
o Maintain and test the device according to the manufacturer’s guidelines.
o Notify the appropriate emergency medical services provider regarding the acquisition and location of the device.
Context for Non-School Activities
While Janet's Law strictly regulates school-sponsored events, it does not explicitly require schools to make AEDs available to outside groups or the general public using school facilities (e.g., tennis courts) if students are not participating. However, other organizations and youth sports leagues are encouraged to consult legal counsel regarding liability and local ordinances, as legal frameworks vary for municipally operated facilities and independent youth programs. Additionally, local emergency planning committee members generally hold immunity for damages resulting from judgment or discretion, barring reckless disregard or willful misconduct.
New Mexico's enacted laws regarding Automated External Defibrillators (AEDs), categorized by acquisition protocols, educational licensure mandates, and civil liability protections.
The Cardiac Arrest Response Act
New Mexico regulations regarding the general acquisition and use of AEDs are codified in Chapter 24 (Health and Safety), Article 10C, known as the "Cardiac Arrest Response Act."
• Acquisition Requirements: A person may only acquire an AED if they meet specific statutory requirements. They must designate a "trained targeted responder" to oversee the program. This individual is responsible for overseeing training, emergency medical services (EMS) coordination, protocol approval, and device deployment strategies.
• Operational Duties:
o Training: The designated responder must receive appropriate AED training from a course approved by the Department of Health.
o EMS Notification: Any person rendering emergency care with an AED must alert the EMS system and report any clinical use of the device to the targeted responder.
o Registration: The AED must be registered with the Department of Health and local emergency medical services. Additionally, local 911 agencies must be notified of the AED program.
Mandates for Schools and Athletic Coaching
Under Title 6, Chapter 63, Part 8 of the New Mexico Administrative Code (NMAC), strict licensure requirements apply to individuals coaching in grades seven (7) through twelve (12) in public schools (including charter schools and state-supported institutions).
• Mandatory Certification: All persons performing athletic coaching in these grades (paid or volunteer) must hold a valid coaching license issued by the department. To obtain and maintain this license (Level 1, 2, or 3), the individual must maintain current certification in cardiopulmonary resuscitation (CPR), which includes specific training in the use of an AED,,.
• Training Standards: The required certification must include in-person, hands-on training.
• School Verification: Schools are explicitly required to verify that their coaches maintain current certification in CPR with AED training.
• Emergency Action Plans: As part of the required competencies for licensure, coaches are expected to facilitate the planning, implementation, and documentation of an emergency action plan (EAP).
Civil Liability and Immunity
Section 24-10C-7 of the Cardiac Arrest Response Act provides civil liability protections to encourage the use of AEDs.
• Good Samaritan Protection: Persons rendering emergency care or treatment with an AED are not subject to civil liability.
• Exception: This immunity applies so long as the person’s acts do not amount to willful, wanton, or reckless behavior that causes injury or death.
Context for Youth Sports
While the text outlines specific mandates for public school coaches in grades 7-12, it is noted that legal frameworks vary regarding youth sports programs and municipally operated facilities not affiliated with school districts. It is strongly recommended that local leagues consult with legal counsel to determine the applicability of local ordinances or additional regulations regarding sudden cardiac arrest.
New York's enacted laws regarding Automated External Defibrillators (AEDs), categorized by mandates for schools, youth sports regulations, public access provider requirements, and civil liability protections.
Mandates for Schools
Under Education Law § 917, New York imposes strict requirements on school districts, boards of cooperative educational services, county vocational education boards, and charter schools regarding cardiac safety.
• On-Site Provision: Schools must provide and maintain AED equipment in each instructional school facility to ensure ready access during emergencies.
• Staffing and Events: Whenever school facilities are used for school-sponsored curricular or extracurricular events, or whenever a school-sponsored athletic contest is held at any location, officials must ensure the presence of at least one staff person trained in the operation and use of an AED.
• Off-Site Competitions: If a school-sponsored competitive athletic event is held at a location other than a public school facility, school officials are responsible for assuring that AED equipment is provided on-site.
• Provider Status: Public school facilities and staff are deemed "public access defibrillation providers" and are subject to the requirements of Public Health Law § 3000-b.
Mandates for Youth Sports and Camps
Public Health Law § 3000-f regulates "youth sports programs" (leagues for individuals under 17 or high school students) and camps.
• Implementation Plan: Every camp and youth sports program that hosts or participates in activities with at least five (5) teams must establish an AED implementation plan.
• Accessibility: The plan must describe how the program will make an AED available or ensure reasonable access to one at every camp, game, and practice. This access can be provided by the operator of the facility where the event takes place.
• Personnel: Programs must use "best efforts" to ensure that at least one qualified adult (employee, volunteer, coach, or umpire) who has successfully completed a training course within the preceding 24 months is present at each session, game, or practice.
• Documentation: Programs must maintain records of AED possession, equipment checklists, and cardiac emergency protocols.
Public Access Defibrillation (PAD) Providers
Public Health Law § 3000-b establishes the framework for entities (PAD providers) to possess and operate AEDs.
• Collaborative Agreement: A PAD provider must operate pursuant to a collaborative agreement with an emergency health care provider (physician or hospital). This agreement includes written practice protocols, policies, and procedures.
• Operational Requirements:
o Notification: The provider must notify the regional council of the existence, location, and type of AEDs possessed.
o Signage: A notice must be posted at the main entrance of the facility indicating the location where the AED is stored.
o Maintenance: The device must be maintained and tested according to the manufacturer’s standards.
o Reporting: Every use of an AED must be immediately reported to the local emergency medical services system and the emergency health care provider.
• Training: Generally, operators must complete a training course approved by a nationally recognized organization, though exceptions exist for licensed healthcare practitioners and individuals acting under Good Samaritan protections.
Civil Liability and Immunity
New York provides statutory immunity to encourage emergency assistance, codified in Public Health Law § 3000-a and § 3000-b.
• Good Samaritan Immunity: Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment (including the use of an AED) at the scene of an emergency is not liable for damages or death, unless their acts constitute gross negligence.
• Entity Immunity: Persons or entities that purchase, operate, or make available AEDs as required by law are not liable for damages arising from the use of the equipment by a voluntary rescuer or from defectively manufactured equipment.
o Condition: This immunity applies provided the entity itself did not engage in negligence, gross negligence, or intentional misconduct.
• Legal Status of Care: The operation of an AED under § 3000-b is legally considered "first aid" or emergency treatment for liability purposes and does not constitute the unlawful practice of a profession.
Context for Youth Sports
While the text outlines specific mandates for schools and youth programs, it is noted that legal frameworks vary. It is strongly recommended that local leagues consult with legal counsel to determine the applicability of any local ordinances or additional regulations regarding sudden cardiac arrest.
North Carolina's enacted laws and athletic safety regulations regarding Automated External Defibrillators (AEDs), categorized by statutory mandates, civil liability protections, and high school athletic protocols.
Statutory Framework and Mandates
North Carolina’s regulations regarding AEDs and emergency medical response are primarily codified in Section 90-21.14 and Section 90-21.15 of the North Carolina General Statutes.
• No Purchase Mandate: Unlike some states, North Carolina law explicitly states that nothing in these statutes requires the purchase, placement, or use of an AED by any person, entity, or agency of the State, county, or local government.
• Seller Notification: In order to enhance public safety, a seller of an AED is legally required to notify the North Carolina Department of Health and Human Services (Division of Health Service Regulation, Office of Emergency Medical Services) about the existence, location, and type of the device.
• Definition of Training: The law defines "training" as a nationally recognized cardiopulmonary resuscitation (CPR) and AED course, specifically including programs approved by the American Heart Association or the American Red Cross.
Civil Liability and Good Samaritan Immunity
North Carolina provides broad statutory immunity to encourage individuals to act in emergency situations without fear of civil litigation.
• User Immunity: Under Section 90-21.14, any person who voluntarily and without expectation of compensation renders emergency treatment using an AED is immune from civil liability for damages or death.
• Conditions for Immunity: This immunity applies when the circumstances require prompt decision-making and the necessity of immediate health care is so reasonably apparent that any delay would seriously worsen the victim's physical condition or endanger their life.
• Athletic Team Volunteers: While immunity does not relieve a person from liability for acts committed in the normal, paid course of their profession, the law specifically protects volunteer health care providers. Services provided to athletic teams by unpaid volunteers are legally deemed not to be in the normal course of their business or profession, granting them full Good Samaritan protections.
• Exceptions: Immunity does not apply if the injuries or death were caused by gross negligence, wanton conduct, or intentional wrongdoing.
Extended Immunity for Sites, Trainers, and Physicians
Section 90-21.15 extends civil immunity beyond the end-user to the parties involved in making the AED available:
• Site Managers: The person responsible for the site where the AED is located is immune from civil liability, provided they have provided for a program of training.
• Trainers: Individuals who provide the CPR and AED training to the user are immune.
• Physicians: A North Carolina licensed physician who writes a prescription for an AED without compensation is immune.
• Note: These protections do not apply to product liability claims against the manufacturer or seller of the device.
High School Athletic Regulations (NCHSAA)
While state law does not statutorily mandate AEDs in schools, the North Carolina High School Athletic Association (NCHSAA) imposes strict health and safety requirements on its member schools.
• Emergency Action Plans (EAPs): Schools must utilize and customize EAPs for each sports venue. Importantly, all EAPs must be reviewed by a Licensed Athletic Trainer (LAT).
• Medical Care Presence: A Licensed Athletic Trainer or First Responder must physically attend all football practices, home and away football games, summer 7-on-7 football events, and all wrestling matches. These medical professionals may not have concurrent coaching responsibilities while serving in their healthcare role.
Context for Youth Sports
While the NCHSAA governs member high schools, legal frameworks often vary regarding non-school youth sports programs and municipally operated facilities. Some youth sports organizations are encouraged to follow interscholastic laws voluntarily. It is strongly recommended that local leagues and organizations in North Carolina consult with legal counsel to determine the specific applicability of any state laws, regulations, or local ordinances to their programs.
North Dakota's enacted laws and regulations regarding Automated External Defibrillators (AEDs), categorized by civil liability protections and high school athletic coaching mandates.
Civil Liability and Good Samaritan Protections
Under North Dakota’s Good Samaritan Act (specifically N.D.C.C. § 32-03.1-02.3), the state provides broad civil immunity to encourage the use and availability of AEDs.
• User and Trainer Immunity: An individual who provides training to use an AED, or who provides emergency care or treatment using an AED, is immune from civil liability for any personal injury resulting from their actions. This protection also covers any act or failure to act in providing or arranging further medical treatment.
• Conditions for Immunity: To qualify for this immunity, the individual must act in good faith, without compensation, and as an ordinary, reasonable, prudent person would act under the same or similar circumstances.
• Site Owner Immunity: The law explicitly extends this civil immunity to the person who is responsible for the site where the AED is located.
• Exceptions: Immunity does not apply if the personal injury is a result of gross negligence or willful or wanton misconduct. Additionally, Good Samaritan protections do not encompass individuals who are expressly or actually employed to provide emergency medical aid (such as paramedics) when they are acting in the regular course of their employment.
High School Athletics and Coaching Mandates
The North Dakota High School Activities Association (NDHSAA) imposes specific CPR and AED training mandates on athletic coaches.
• Mandatory Certification: All coaches who work with student-athletes in grades 9 through 12 are required to be certified and hold an NDHSAA Coaching Permit.
• AED Training Requirement: To maintain this permit, coaches must complete Cardiopulmonary Resuscitation (CPR) certification and Automated External Defibrillator (AED) usage training every two years. The NDHSAA Board of Directors allows approved online CPR and AED courses to fulfill this requirement.
• Penalties for Non-Compliance: Schools are strictly held accountable for ensuring their coaches are certified. Failure to submit completed coach education forms by the annual April 1st deadline results in a $300 fine and potential exclusion from postseason events. Additionally, if coaches fail to complete their certification, the school receives a warning for the first offense and a $200 fine for each subsequent violation.
Context for Youth Sports
While the NDHSAA mandates apply to high school sports, the legal frameworks governing AED use in independent youth sports programs or municipally operated facilities may vary. Some laws or ordinances may apply specifically to youth programs or encourage them to follow interscholastic standards. It is strongly recommended that local youth leagues and organizations in North Dakota consult with legal counsel to determine the applicability of any laws or local ordinances to their programs.
Ohio's enacted laws regarding Automated External Defibrillators (AEDs), categorized by general operational protocols, mandates for educational and recreational facilities, youth sports regulations, and civil liability protections.
General Operational Requirements
Under Section 3701.85 of the Ohio Revised Code, the state establishes general guidelines for anyone possessing or using an AED.
• Maintenance and Training: A person who possesses an AED must maintain and test the device according to the manufacturer's guidelines. They must also encourage expected users to successfully complete a recognized CPR and AED training course.
• Emergency Notification: While the law recommends that possessors notify local emergency medical services of the AED's location, it does not strictly mandate it.
• Use by Bystanders: Any person is permitted to perform automated external defibrillation, and specific training is recommended but not required. However, the user must make a good faith effort to activate an emergency medical services system (like calling 911) as soon as possible.
Mandates for Schools
Ohio law (Sections 3313.6023 and 3313.717) places strict requirements on public school districts and chartered nonpublic schools.
• Placement and Action Plans: The board of education or administrative authority must require the placement of an AED in each school under its control and adopt an emergency action plan for its use.
• Mandatory Staff Training: Schools must provide AED training to teachers, principals, administrative employees, coaches, athletic trainers, and anyone supervising interscholastic athletics. This training must be completed at least once every five years.
Mandates for Sports and Recreation Locations
Under Section 755.13, Ohio extends AED placement mandates to municipal, township, and county recreational facilities.
• Placement: The controlling authority of sports and recreation locations (such as indoor recreation centers, gymnasiums, swimming pools, and playing fields) must place an AED at the location any time it is hosting an organized youth sport activity.
• Planning and Staffing: These authorities must adopt an emergency action plan and require a sufficient number of staff to complete AED training.
• Exemption: These requirements do not apply to townships or villages with a population of less than five thousand (5,000).
Youth Sports Organizations and Sudden Cardiac Arrest
Section 3707.58 imposes stringent safety requirements on "youth sports organizations," defined as entities organizing athletic activities for athletes 19 years old or younger who pay a fee or are sponsored.
• Coach Training: No individual may coach an athletic activity for a youth sports organization unless they complete an annual sudden cardiac arrest training course.
• Athlete Safety and Clearance: Organizations must hold informational meetings prior to the season and distribute warning sign information. An athlete must be removed from play if they exhibit syncope (fainting) or have a close family history of sudden cardiac arrest, and they cannot return until evaluated and cleared in writing by an authorized physician or advanced practice nurse.
• Penalties: Organizations are required to establish penalties for coaches who violate these safety protocols.
Civil Liability and Immunity
Ohio provides robust statutory immunity under Section 2305.235 (and related sections) to encourage the availability and use of AEDs.
• Covered Acts: Except in cases of willful or wanton misconduct, no person shall be held liable in civil damages for prescribing, providing training, authorizing the placement, acquiring, or owning the premises where an AED is located.
• User Immunity: Persons performing defibrillation in good faith are immune from civil damages and criminal liability, regardless of whether they have obtained appropriate training. This protection extends explicitly to school settings and youth sports volunteers/coaches.
• Condition of Immunity: Crucially, this immunity is voided if the user fails to make a good faith attempt to activate emergency medical services as required by Section 3701.85.
Context for Local Regulations
While these state statutes provide a comprehensive framework, legal frameworks regarding sudden cardiac arrest can vary. It is strongly recommended that local youth leagues and organizations consult with legal counsel to determine the specific applicability of these laws, or any additional local ordinances, to their independent programs.
Oklahoma's enacted laws regarding Automated External Defibrillators (AEDs) and sudden cardiac arrest, categorized by educational mandates, operational requirements, and civil liability protections.
Mandates for Schools and Athletics
Oklahoma has enacted several specific acts addressing cardiac safety, AEDs, and emergency response in its school system:
• Zachary Eckles and Luke Davis Automated External Defibrillators in Schools Act (Section 70-1210.200): Contingent upon the availability of federal funding or private donations, each school district is required to make AEDs available at each school site. School districts are also permitted, though not required, to make AEDs available at each high school athletic practice or competition.
• Dustin Rhodes and Lindsay Steed CPR Training Act (Section 70-1210.199): All students enrolled in public schools must receive instruction in cardiopulmonary resuscitation (CPR) and awareness of the purpose of an AED at least once between the ninth grade and high school graduation.
• Riley Boatwright Act (Section 70-27-104): School district boards of education must coordinate with local emergency medical services (EMS) providers to develop a plan for the provision of EMS at all athletic events or activities held at school district facilities.
• Chase Morris Sudden Cardiac Arrest Prevention Act (Section 70-24-156): Coaches of any sport sanctioned and offered in grades seven (7) through twelve (12) by a school district are required to complete sudden cardiac arrest training on an annual basis.
Operational Requirements
Under Section 76-5A, the state requires tracking to ensure emergency responders are aware of available devices. Any entity or individual that owns, leases, possesses, or controls an AED must communicate the exact locations and placements of the device to the proper first responder.
Civil Liability and Immunity
Oklahoma law (Section 76-5A) provides robust civil immunity to encourage the possession and use of AEDs during emergencies:
• User Immunity: Any person who, in good faith and without expectation of compensation, uses an AED to render emergency care outside of a medical facility is immune from civil liability for personal injury resulting from its use.
• Owner/Entity Immunity: Any entity or individual that owns, leases, possesses, or otherwise controls an AED is immune from civil liability for personal injuries resulting from the use of the device. This immunity is also explicitly granted to school districts making AEDs available on school property.
• Trainers and Prescribers: Immunity extends to course directors and trainers teaching AED use, as well as to physicians who prescribe an AED for emergency use.
• Exceptions: These immunity protections do not apply to acts or omissions that constitute gross negligence or willful or wanton misconduct.
Context for Youth Sports
The Chase Morris Sudden Cardiac Arrest Prevention Act explicitly encourages sponsors of youth athletic activities not associated with a school to follow the same sudden cardiac arrest training guidelines required of public school coaches. However, legal frameworks often vary regarding municipally operated facilities or independent youth sports programs, and it is strongly recommended that local leagues consult with legal counsel to determine the specific applicability of state laws or local ordinances to their independent programs.
Oregon's enacted laws regarding Automated External Defibrillators (AEDs), categorized by educational mandates, facility requirements, and civil liability protections.
Mandates for Educational Institutions
Oregon law imposes specific requirements on educational campuses to ensure AEDs are available in the event of an emergency:
• K-12 Schools: Under ORS 339.345, every school campus in a school district, private school campus, and public charter school campus is required to have at least one automated external defibrillator on the premises.
• Higher Education: Under ORS 431A.455, a community college or a public university must have at least one AED on campus. Furthermore, if the campus contains more than one "place of public assembly," the institution must ensure that at least one AED is readily available to each of those places.
Mandates for Public Facilities and Health Clubs
Oregon requires AEDs to be placed in specific high-traffic commercial and public locations under ORS 431A.450 and 431A.455:
• Places of Public Assembly: The owner of a "place of public assembly" must have at least one AED on the premises. This is defined as a single building with 50,000 square feet or more of indoor floor space where the public congregates (for entertainment, shopping, business, etc.) and where at least 50 individuals congregate on a normal business day. Buildings used primarily for worship or related education are exempt.
• Health Clubs: The owner of a health club must have at least one AED on the premises at all times. A health club is defined as an indoor facility offering exercise or athletic activities for a fee, which typically has 50 or more employees and patrons present on a regular business day. Facilities owned by hotels are exempt from this specific requirement.
Civil Liability and Immunity
To encourage the availability and use of AEDs during sudden cardiac emergencies, Oregon provides robust statutory immunity under ORS 30.802:
• Scope of Immunity: A person may not be sued for civil damages for injury, death, or loss resulting from acts or omissions involving the use, attempted use, or nonuse of an AED.
• Protected Parties: This immunity extends to:
o Individuals who use or attempt to use the device.
o Individuals present when an AED was used or should have been used.
o Persons who provide training for the use of an AED.
o Medical professionals (physicians, physician associates, nurse practitioners, naturopathic physicians) providing services related to the placement or use of an AED.
o Any person who possesses or controls an AED placed in a "public setting" (which includes public and private schools, health clubs, places of public assembly, and locations accessible to the general public or employees).
• Exceptions: The immunity does not apply if the person acted with gross negligence or with reckless, wanton, or intentional misconduct. It also does not apply if the use or nonuse of the AED occurred at a location where emergency medical care is regularly available. Furthermore, it does not shield the manufacturer, designer, or distributor of the AED from product liability claims.
Context for Youth Sports
While Oregon's laws mandate AEDs on school campuses and at large health clubs, the legal framework regarding other municipally operated facilities or independent youth sports programs can vary. State law grants limited immunity, but it is strongly recommended that local youth sports leagues and organizations consult with legal counsel to determine the applicability of state laws or local ordinances to their specific programs.
Pennsylvania's enacted laws and regulations regarding Automated External Defibrillators (AEDs), categorized by general operational requirements, school and athletic mandates, and civil liability protections.
General Operational Requirements
Under Title 42 (Judiciary and Judicial Procedure), Section 8331.2, Pennsylvania establishes specific obligations for anyone who acquires and maintains an AED:
• Training: The person or entity acquiring the AED must ensure that its expected users receive appropriate training in its use.
• Maintenance: The AED must be maintained and tested according to the manufacturer's operational guidelines.
• Emergency Activation: The acquirer must instruct the user of the AED to immediately contact and activate emergency medical services (EMS) when the device is used.
School and Athletic Mandates
Pennsylvania imposes reporting requirements on schools and specific educational mandates for athletic coaches:
• School Reporting: Under Title 24 (Education), Section 1423, school entities are required to submit an annual report to the Department of Education. This report must detail the number, condition, age, and placement of any AEDs located in each of their school buildings.
• PIAA Coaching Requirements: The Pennsylvania Interscholastic Athletic Association (PIAA) requires all paid or volunteer coaches engaged at member schools to complete core educational courses, including First Aid.
o To satisfy this requirement, coaches must complete First Aid training, which can be fulfilled through American Red Cross or American Heart Association certifications, or approved higher education and online modules.
o Approved comprehensive training platforms (such as VectorSolutions/SafeSchools) specifically include modules on AED and Cardiopulmonary Resuscitation (CPR).
Civil Liability and Immunity
To encourage the availability and use of AEDs in emergencies, Pennsylvania provides statutory immunity under Title 42, Section 8331.2:
• Good Faith Protection: Any person who, in good faith, acquires, maintains, or uses an AED in an emergency is granted immunity from civil liability for any acts or omissions arising out of the use of the device.
• Exceptions: This immunity does not apply if the acts or omissions were intentionally designed to harm or if they were committed with gross negligence.
Context for Youth Sports
While specific state laws apply to schools and general civil immunity, the legal frameworks governing municipal facilities and independent youth sports programs can vary. Some laws may only apply to school-sponsored athletics or school-owned property. It is strongly recommended that local youth sports leagues and organizations consult with legal counsel in their jurisdiction to determine the specific applicability of any state laws or local ordinances to their programs.
Rhode Island's enacted laws regarding Automated External Defibrillators (AEDs), categorized by mandates for schools, requirements for public places, and specific conditions for civil liability immunity.
Mandates for Schools and School-Sponsored Athletics
Under Title 16 (Education), Section 16-21-33.1, Rhode Island places specific requirements on secondary educational institutions to address sudden cardiac arrest (SCA):
• On-Site Requirement: All high schools and middle schools, whether public or privately run, are required to provide and maintain on-site, functional AEDs. The quantities and types of AEDs must be deemed adequate by the commissioner of education in consultation with the director of health.
• Athletic Events and Extracurriculars: Whenever school facilities are used for school-sponsored or school-approved curricular or extracurricular activities, school officials must ensure the presence of at least one person who is properly trained in the operation and use of an AED.
• Off-Site Contests: This trained personnel requirement explicitly extends to any school-sponsored athletic contest held at any location, ensuring that a trained individual travels with the team or is provided at the away venue.
Mandates for Public Places and Healthcare Facilities
Title 23 (Health and Safety), Section 23-6.5-2 expands AED mandates beyond schools to include broadly defined public and medical spaces:
• General Requirement: Any person who owns or operates a "public place" or "healthcare facility" must maintain on-site, functional AEDs and provide at least one person properly trained in their operation.
• Definition of a Public Place: A public place is defined as an enclosed area capable of holding 300 or more people to which the public is invited or permitted. This includes sports arenas, educational facilities, restaurants, retail stores, theaters, and government offices.
• Definition of a Healthcare Facility: This encompasses a wide range of licensed facilities, including hospitals, nursing facilities, outpatient clinics, school-based health centers, and practitioner offices.
Civil Liability and Conditional Immunity
Rhode Island provides Good Samaritan civil immunity under Title 9 (Courts and Civil Procedure), Section 9-1-34, but with strict conditions regarding training.
• Conditional User Immunity: Individuals acting as private volunteers who gratuitously render emergency AED assistance are shielded from civil liability for ordinary negligence. However, this immunity strictly applies only to persons who have been trained in accordance with standards promulgated by the American Heart Association or the American National Red Cross. Individuals without this approved training are not provided immunity.
• Extended Immunity: The law also extends immunity to:
o Property lessees and owners where the emergency assistance occurs.
o The owners of the actual life-saving equipment (the AED).
o Persons providing approved AED/CPR training.
o Physicians providing medical direction oversight for AED programs.
• Exceptions: Immunity does not protect against acts or omissions that constitute gross, willful, or wanton negligence.
Context for Youth Sports
While Rhode Island law mandates AEDs and trained personnel at school-sponsored athletic events and large enclosed sports arenas (capacity of 300+), the requirements for independent youth sports programs and outdoor municipal facilities can vary. Because legal frameworks differ for municipally operated facilities not affiliated with a school district, local youth sports leagues are strongly recommended to consult with legal counsel to determine the specific applicability of state laws and local ordinances to their programs.
South Carolina's enacted laws regarding Automated External Defibrillators (AEDs), categorized by general operational requirements, school mandates, athletic coaching regulations, and civil liability protections.
General Operational Requirements
South Carolina regulations regarding the general acquisition and use of AEDs are codified in Title 44 (Health), Chapter 76, known as the South Carolina Automated External Defibrillator Act. Any person or entity that acquires an AED must strictly adhere to the following protocols:
• Training: The acquirer must require its designated users to have current CPR and AED training from a recognized organization, such as the American Heart Association, American Red Cross, American Safety and Health Institute, or National Safety Council.
• AED Liaison and Program: The acquiring entity must employ or obtain a health care professional (such as a licensed physician, physician's assistant, or nurse) to serve as an "AED liaison". This liaison must approve an AED program that includes training, protocols, deployment strategies, and an equipment maintenance plan.
• Maintenance: The AED must be maintained and tested according to the manufacturer's guidelines, and written records of this testing must be kept.
• Emergency Activation: Protocols must dictate that anyone rendering emergency care with an AED must activate the emergency medical services (EMS) system or 911 as soon as possible. Any clinical use of the device must be reported to the AED liaison.
• Note: These specific requirements do not apply to EMS providers, physician offices, or health care facilities.
Mandates for Schools
Under Title 59 (Education), Chapter 17, Section 59-17-155, South Carolina establishes specific AED mandates for its educational system, subject to appropriations by the General Assembly.
• High School Placement: Each school district must develop and implement an AED program that ensures an operational AED is placed on the grounds of each high school in the district.
• Designated Users: The school district superintendent (or their designee) must identify individuals who are "reasonably expected to use the device" and ensure they obtain appropriate training, including CPR and demonstrated proficiency in AED use.
• State Purchasing: The Department of Administration is authorized to establish a state contract to assist in the purchase of these AEDs.
Athletic Coaching Requirements
The South Carolina High School League (SCHSL) imposes strict health and safety certification requirements on athletic staff prior to working with student-athletes.
• CPR/AED Certification: All coaches, both paid and volunteer, must hold a valid CPR/AED certification from the American Red Cross or American Heart Association. This training must include a hands-on component and is valid for two years.
• Sudden Cardiac Arrest Training: In addition to CPR/AED certification, all coaches must complete an annual National Federation of State High School Associations (NFHS) course specifically on Sudden Cardiac Arrest.
Civil Liability and Immunity
To encourage the use of AEDs during emergencies, South Carolina provides broad Good Samaritan civil immunity under both Title 44 and Title 59.
• User Immunity: Any person or entity acting in good faith and gratuitously is immune from civil liability for the application of an AED, unless their actions are deemed grossly negligent.
• Extended Immunity: This protection against civil liability explicitly extends to:
o Designated users who act according to their required training.
o The person or entity that acquires the AED.
o The health care professional serving as the AED liaison.
o The physician who prescribes or authorizes the purchase of the AED.
o Individuals and entities providing the CPR and AED training programs.
Context for Youth Sports
While state laws strictly regulate school-sponsored athletics and high school facilities, legal frameworks for municipally operated facilities and independent youth sports programs can vary. Some laws encourage youth sports organizations to follow interscholastic guidelines, but it is strongly recommended that local youth leagues consult with legal counsel to determine the exact applicability of state laws and local ordinances regarding sudden cardiac arrest for their programs.
South Dakota's enacted laws and regulations regarding Automated External Defibrillators (AEDs), categorized by high school athletic protocols and civil liability protections.
High School Athletic Regulations (SDHSAA)
The South Dakota High School Activities Association (SDHSAA) has established mandatory emergency protocols for interscholastic sports.
• Pre-Contest Medical Timeout: All sports contests officiated by licensed SDHSAA officials must begin with a mandatory "Pre-Contest Timeout".
• Required Verification: Prior to the first contest of the day, on-site officials must ask the home team's administrator or head coach a series of five critical safety questions. These questions specifically include verifying if there is an emergency action plan for the venue and whether an AED is available.
• Enforcement: If a school fails to provide a positive answer to these questions, the game officials are required to report the incident to the State Association Office the following day. The state office will then work with the school to develop a corrective action plan regarding their emergency preparations.
Civil Liability and Immunity
South Dakota provides statutory immunity to encourage the use and availability of AEDs during sudden cardiac emergencies, though it is subject to specific conditions.
• Good Faith Immunity: Under Section 20-9-4.4, any person who, in good faith, obtains, uses, attempts to use, or chooses not to use an AED in providing emergency care or treatment is granted civil immunity from damages arising from any resulting injury.
• Exceptions for Misconduct: Under Section 20-9-4.8, this civil immunity is inapplicable if the injury is the result of gross negligence or willful or wanton misconduct.
• Prescription vs. Over-the-Counter Devices: Section 20-9-4.9 establishes unique rules for non-prescription AEDs. The statute notes that immunity is generally inapplicable if the AED used was purchased over the counter without a prescription. However, the law specifically clarifies that the immunity is still applicable to the person who obtains or utilizes that over-the-counter AED in good faith to provide emergency care.
Context for Youth Sports
While the SDHSAA mandates apply directly to member high schools, legal frameworks governing independent youth sports programs and municipally operated facilities not affiliated with a school district can vary. Some youth sports organizations may be encouraged to follow interscholastic sports regulations voluntarily. It is strongly recommended that local leagues consult with legal counsel in their jurisdiction to determine the specific applicability of state laws or local ordinances regarding sudden cardiac arrest preparations for their programs.
Tennessee's enacted laws regarding Automated External Defibrillators (AEDs), categorized by general operational requirements, school and athletic mandates, and civil liability protections.
General Operational Requirements
Tennessee’s general regulations for possessing and operating an AED are codified in Title 68, Chapter 140 (Emergency Services). Any person or entity acquiring an AED must adhere to the following protocols:
• Registration and Notification: The acquiring person or entity must register the existence and location of the AED with the local emergency communications district or ambulance dispatch center. Entities must also provide these emergency agencies with a written plan detailing where the AED is placed, who is authorized to use it, and the action plan for its proper use.
• Training and Maintenance: Acquirers must ensure that expected users receive training from the American Heart Association or an equivalent course. The device must be maintained and tested according to the manufacturer’s guidelines, with written records of this maintenance kept.
• Emergency Activation: Anyone rendering care with an AED must activate emergency medical services (EMS) as soon as possible, and entities must summon EMS each time the device is used.
Mandates for Schools and Athletics
Tennessee has enacted several statutes, including the Smart Heart Act and the Sudden Cardiac Arrest Prevention Act, to ensure cardiac safety in educational and athletic settings:
• General School Placement: Under Title 49, all public schools must have at least one (1) AED placed within the school in an accessible location, which may include physical education or activity areas.
• High School Athletics: Public and nonpublic schools serving grades nine (9) through twelve (12) must maintain an AED that is accessible during the school day and during all school youth athletic activities. The device must be located on-site at the athletic activity or in an unlocked location on school property.
• Emergency Action Plans: Schools must establish, review, and annually practice an athletics emergency action plan for responding to sudden cardiac arrests and other life-threatening injuries.
Training Mandates for Coaches and Athletes
The state imposes strict educational and training requirements on youth sports coaches and families, supported by the Safe Stars Act:
• Coach Training: All youth sports coaches are required by state law to complete annual training in the use of an AED, cardiopulmonary resuscitation (CPR), and Sudden Cardiac Arrest (SCA) recognition. Training must align with best practices and ensure coaches know how to perform CPR and use an AED.
• Athlete and Parent Education: Educational materials regarding Sudden Cardiac Arrest must be reviewed and signed annually by each student-athlete and their parent or legal guardian.
Civil Liability and Immunity
To encourage the use of AEDs in emergency situations, Tennessee provides statutory civil immunity:
• User Immunity: Under Title 63, any person rendering emergency public first aid (including the use of an AED) in good faith is granted civil immunity from damages resulting from the care.
• Entity Immunity: Under Title 68, entities are granted immunity from civil liability for any personal injury arising from an act or omission related to the use or maintenance of an AED.
• Exceptions: This immunity does not apply in cases where the person or entity acts with gross negligence or willful and wanton misconduct.
Context for Youth Sports
While Tennessee law details comprehensive mandates for schools and youth sports coaches, legal frameworks regarding the application of these laws to independent municipal facilities or non-school-affiliated youth programs can vary. It is strongly recommended that local leagues consult with legal counsel to determine the exact applicability of state laws and local ordinances to their independent programs.
Texas's enacted laws regarding Automated External Defibrillators (AEDs), categorized by general operational requirements, school and athletic mandates, and civil liability protections.
General Operational Requirements
Under the Texas Health and Safety Code (Title 9, Chapter 779), individuals or entities that acquire an AED must adhere to specific maintenance and notification protocols:
• EMS Notification: The acquiring person or entity must notify their local emergency medical services (EMS) provider regarding the existence, location, and type of the AED. Additionally, anyone using an AED to provide emergency care to a person in cardiac arrest must promptly notify local EMS.
• Maintenance and Inspection: A person or entity owning or leasing an AED must maintain and test the device in accordance with the manufacturer's guidelines. They must also conduct monthly inspections to verify that the AED is in its designated location, appears ready for use, and does not have damage that could prevent its operation.
Mandates for Schools and Athletics
Texas imposes comprehensive AED requirements on its educational system through the Texas Education Code (Title 2) and the University Interscholastic League (UIL) rules:
• Campus Placement: School districts must ensure that at least one AED is located on every campus, including elementary, junior high, and high schools.
• Athletic Availability: The campus AED must be readily available during any UIL athletic competition or contest held on campus. Schools must also make reasonable efforts to have an AED available at each athletic practice. Furthermore, an AED must be made available at UIL athletic activities held at locations other than the school campus.
• Staff Training Mandates: School districts are required to make CPR and AED training available annually to employees and volunteers. Specifically, all coaches, student athletic trainers, nurses, physical education teachers, band directors, and cheerleader sponsors must maintain current certification in CPR and AED use.
• Supervision: At any location where an AED is present, the school district must ensure the presence of at least one employee trained in proper AED use whenever a substantial number of students are present.
• Emergency Planning: School districts and private schools must develop safety procedures for responding to medical emergencies involving cardiac arrest, which must include protocols for CPR and AED use.
Civil Liability and Immunity
To encourage the use and availability of AEDs during emergencies, Texas provides statutory immunity from civil damages:
• Good Samaritan Immunity: Under the Civil Practice and Remedies Code (Section 74.151), any person who, in good faith, administers emergency care using an AED is not liable for civil damages for acts performed during the emergency.
• Acquirer and Premises Immunity: The Health and Safety Code (Section 779.006) extends immunity against civil damages to the person or entity that acquires the AED, as well as any person who owns, occupies, manages, or is responsible for the designated location of the AED.
• Exceptions: These civil immunity protections do not apply if the person or entity's actions are willfully or wantonly negligent.
Context for Youth Sports
While Texas law details strict requirements for school districts and UIL interscholastic sports, legal frameworks governing independent youth sports programs and municipal facilities can vary. Some laws apply specifically to school-owned property, while others may apply to municipally operated facilities or encourage youth leagues to follow interscholastic standards. It is strongly recommended that local leagues consult with legal counsel in their jurisdiction to determine the specific applicability of state laws or local ordinances regarding sudden cardiac arrest and AEDs to their programs.
Utah's enacted laws and regulations regarding Automated External Defibrillators (AEDs), categorized by statutory operational requirements, high school athletic mandates, and civil liability protections.
Statutory Framework and Operational Requirements
Utah law regarding AEDs is primarily codified in Title 53 (Public Safety Code), Chapter 2d (Emergency Medical Services Act) of the Utah Code.
• Authorization for Use: Under Section 53-2d-801, any person is authorized to use an AED without a license, certificate, or other formal authorization, provided they reasonably believe that another individual is in sudden cardiac arrest.
• Training Encouragement: Under Section 53-2d-806, a person or entity owning an AED must encourage the likely users of the device to complete an instructional course on its use.
• Installation Reporting: Section 53-2d-803 establishes strict notification requirements. Any person who installs, causes to be installed, or allows an AED to be installed must report the exact location of the device to the emergency medical dispatch center that provides services for that specific location.
High School Athletic Mandates (UHSAA)
The Utah High School Activities Association (UHSAA) imposes specific requirements on member schools regarding cardiac emergency preparations:
• Emergency Action Plans (EAPs): As part of each school’s EAP, AEDs must be accessible at each venue to allow for early defibrillation by trained personnel in the event of suspected sudden cardiac arrest.
• Designated Responsibilities: The school's EAP must identify the specific individuals responsible for documenting personnel training, equipment maintenance, the actions taken during an emergency, and the post-event evaluation of the emergency response.
• Response Goals: The UHSAA strongly encourages first responder programs and public access to AEDs, citing consensus guidelines that target a time interval of less than 3 to 5 minutes from collapse to the first shock.
Civil Liability and Immunity
To encourage bystanders to act during a medical emergency, Utah provides statutory Good Samaritan protections under Section 53-2d-802.
• Good Faith Immunity: Immunity from civil liability is granted to any person authorized to use an AED who gratuitously and in good faith attempts to use, or uses, an AED to provide care for another individual who reasonably appears to be in sudden cardiac arrest. This immunity also covers preparing or responding to care for the individual.
• Exceptions: This civil immunity does not apply if the actions taken constitute gross negligence or willful misconduct.
Context for Youth Sports
While state laws and UHSAA guidelines dictate protocols for school-sponsored athletics, legal frameworks regarding independent youth sports programs and municipally operated facilities (not affiliated with a school district) can vary. Some laws or ordinances may encourage youth sports organizations to voluntarily follow the laws applicable to interscholastic sports. It is strongly recommended that local youth leagues consult with legal counsel in their jurisdiction to determine the specific applicability of any state laws or local ordinances regarding sudden cardiac arrest to their programs.
Vermont's enacted laws regarding Automated External Defibrillators (AEDs), categorized by statutory definitions, operational requirements, and civil liability protections.
Statutory Framework and Definitions
Vermont’s laws regarding AED use and administration are codified in Title 18 (Health), Chapter 17 (Emergency Medical Services), Section 907 of the Vermont Statutes.
• AED Definition: The law explicitly defines an AED as a medical device approved by the U.S. Food and Drug Administration that can recognize the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, determine if defibrillation should be performed, automatically charge, and, upon action by an operator, deliver an appropriate electrical impulse to the patient's heart.
Operational Requirements
Under Section 907, any person who owns, leases, or is donated an AED must adhere to specific administrative and maintenance protocols:
• Notification: The AED owner must notify the Department of Health, as well as their regional ambulance service or first responder service, of the existence, location, and type of device they possess.
• Maintenance and Testing: The owner is legally required to maintain and test the AED in strict accordance with the applicable standards of the manufacturer.
Civil Liability and Immunity
Vermont provides Good Samaritan civil immunity to encourage the public placement and use of AEDs during emergencies, though it outlines specific conditions and exceptions.
• Good Faith Immunity: Any layperson who acts in good faith is shielded from civil liability for damages arising from acts or omissions related to the AED. This immunity applies specifically to persons who are not health care providers or emergency medical personnel acting in the normal course of their professional duties.
• Covered Actions: This civil immunity explicitly protects individuals who:
o Render emergency care using an AED.
o Acquire an AED.
o Own the premises on which an AED is located.
o Provide a training course in the operation of an AED.
• Exceptions for Misconduct: The immunity does not apply if the acts or omissions constitute gross negligence or willful and wanton conduct.
• Maintenance Liability: Notably, the immunity granted for "owning a premises" does not protect the owner from liability if they fail to properly maintain and test the device according to the manufacturer's standards.
• Product Liability and Duty to Act: The statute does not relieve an AED manufacturer, designer, distributor, installer, or seller of any product liability. Additionally, the law explicitly states that it should not be construed to create a legal duty to act for any person.
Context for Youth Sports
While Vermont law grants limited immunity for general AED use and placement, legal frameworks can vary significantly depending on the setting. Some laws apply specifically to school-sponsored athletics or school-owned property, while others may apply to municipally operated facilities or independent youth sports programs. It is strongly recommended that local youth sports leagues and organizations consult with legal counsel in their jurisdiction to determine the specific applicability of state laws or local ordinances regarding sudden cardiac arrest and AEDs to their programs.
Virginia's enacted laws and regulations regarding Automated External Defibrillators (AEDs), categorized by public school mandates, athletic coaching requirements, and civil liability protections.
Mandates for Public Schools
Virginia law imposes specific requirements on local school boards regarding the availability of AEDs in educational settings:
• Placement Requirement: Under Section 22.1-274.4 of the Code of Virginia, every local school board is required to place an AED in every public elementary and secondary school within its division.
• Operational Plans: School boards must also develop a comprehensive plan detailing the placement, care, and use of these devices.
Athletic Coaching Requirements (VHSL)
The Virginia High School League (VHSL) mandates specific safety education for athletic staff:
• Mandatory Training: Coaches must complete CPR and AED training within two years of their date of hire.
• Documentation: While this specific training does not legally have to result in a formal certification, coaches are required to submit their training documentation to their Activities Director.
Civil Liability and Immunity
To encourage the public to respond to medical emergencies, Virginia provides broad statutory Good Samaritan immunity under Section 8.01-225.
• General Bystander Immunity: Any person who, in good faith and without compensation, operates an AED at the scene of an emergency is immune from civil liability for acts or omissions, provided they act as an "ordinary, reasonably prudent person would have acted" under similar circumstances.
• Extended Protections: This immunity is explicitly extended to individuals who train others to use AEDs, order AEDs, or maintain an AED on their owned or controlled real property. Furthermore, licensed physicians who serve without compensation as an AED program supervisor (providing advice on training, protocols, and maintenance) are also granted immunity.
• Exceptions for Misconduct: The aforementioned protections do not apply if the resulting personal injury is caused by gross negligence or willful or wanton misconduct.
• School Employees: The law establishes specific protections for employees of a school board or an approved local health department. If these employees operate or maintain an AED, or train others to do so, while on school property or at a school-sponsored event, they are explicitly shielded from civil liability for ordinary negligence.
Context for Youth Sports
While Virginia's statutes specifically cover public schools and general civil immunity, the legal frameworks governing municipal facilities and independent youth sports programs can vary. It is strongly recommended that local youth sports leagues and organizations consult with legal counsel in their jurisdiction to determine the specific applicability of any state laws or local ordinances regarding sudden cardiac arrest and AEDs to their independent programs. Furthermore, the state formally urges the general public to receive CPR and AED training to build the skills and confidence needed to respond to emergencies.
Washington's enacted laws regarding Automated External Defibrillators (AEDs), categorized by the duties of AED acquirers, emergency use protocols, and civil liability protections.
Duties of AED Acquirers
Under RCW 70.54.310 (Title 70, Chapter 54 of the Revised Code of Washington), any person or entity that acquires a semiautomatic external defibrillator is required to meet specific operational and administrative standards:
• Training: The acquirer must ensure that "expected defibrillator users" receive reasonable instruction in CPR and AED use through a course approved by the Washington Department of Health.
• Medical Direction: Upon acquiring an AED, the person or entity must enlist medical direction from a licensed physician regarding the use of the device and CPR.
• Maintenance: The AED must be maintained and tested according to the manufacturer's operational guidelines.
• Notification: The acquiring person or entity must notify their local emergency medical services (EMS) organization about the existence and exact location of the AED.
Emergency Use Protocols
When an AED is used in an emergency setting, the user must call 911 (or its local equivalent) as soon as possible. Furthermore, the user must assure that appropriate follow-up data regarding the incident is made available upon request to EMS or other health care providers.
Civil Liability and Immunity
Washington provides broad Good Samaritan and AED-specific immunities to encourage bystander intervention during medical emergencies, primarily found in RCW 70.54.310 and RCW 4.24.300.
• General AED Immunity: Any person who uses a defibrillator at the scene of an emergency, as well as any entities providing services related to the AED program, are immune from civil liability for personal injuries resulting from its use.
• Good Samaritan Exemption: If an individual acts as a Good Samaritan to use an AED in an emergency, they are explicitly exempt from the formal training and medical direction requirements placed on AED acquirers.
• Uncompensated Volunteer Immunity: Under RCW 4.24.300, any person who renders emergency care at the scene of an emergency without compensation or expectation of compensation is immune from civil damages. This explicitly excludes care rendered during the regular course of paid employment.
• School Employees: Unlicensed school district employees who render emergency care at an officially designated school activity (or who transport an injured person for care) are immune from civil damages.
• Community Health Settings: Licensed health care providers who volunteer their services without compensation in a community health care setting are also immune from civil liability.
• Exceptions for Misconduct: None of these immunity protections apply if the acts or omissions constitute gross negligence or willful or wanton misconduct.
Context for Youth Sports
While Washington state laws grant limited immunity to persons using an AED, legal frameworks regarding the application of these laws can vary based on the setting. Some laws apply strictly to school-sponsored athletics or school property, while others apply to municipally operated facilities not affiliated with a school district. It is strongly recommended that local youth sports leagues and organizations consult with legal counsel in their jurisdiction to determine the specific applicability of state laws or local ordinances to their programs.
West Virginia's enacted laws regarding Automated External Defibrillators (AEDs), categorized by early defibrillation programs, school and athletic mandates, and civil liability protections.
General Operational Requirements: Early Defibrillation Programs
West Virginia law establishes specific requirements for any "entity" (public or private group, business, or agency) that implements an early defibrillation program to provide public access to AEDs.
• Registration and Notification: Entities must register their program with the Office of Emergency Medical Services. They must also notify the local EMS system and public safety dispatch center about the program's existence, the location of the AEDs, and their plan for EMS coordination.
• Medical Director: The entity must designate a medical director (a licensed physician) to coordinate the program, oversee training, create deployment strategies, and review each use of an AED.
• Training and Maintenance: "Anticipated operators" must receive appropriate training in CPR and AED operation from a nationally recognized course (such as the American Heart Association or American Red Cross). Additionally, the AED must be maintained and tested according to the manufacturer's guidelines, with written records kept.
• Emergency Protocols: Any operator rendering emergency care with an AED must activate the EMS system as soon as possible and report the use of the device to the program's medical director.
Mandates for Schools and Athletics
West Virginia has robust requirements for schools under The Alex Miller Law and state statutes regarding Cardiac Response Plans:
• The Alex Miller Law: Schools must ensure that an AED, as well as a posted emergency action plan (EAP), are present on school or event grounds for the duration of all athletic events and practices under the West Virginia Secondary School Activities Commission (WVSSAC). Appropriate school sports personnel must be trained in the use of the device.
• Cardiac Emergency Response Plans: Every school must develop a cardiac emergency response plan that is venue-specific and practiced annually to address sudden cardiac arrest during athletic events, as well as incidents outside of athletic events. Schools must coordinate directly with local EMS to establish response teams and integrate these plans into community responder protocols.
• Staff Training: Schools must ensure that staff—including licensed coaches, school nurses, and athletic trainers—are trained in first-aid, CPR, and AED use. Furthermore, no individual may coach an athletic activity without completing an annual sudden cardiac arrest (SCA) training course.
• Student and Parent Requirements: Schools must hold an annual informational meeting regarding the warning signs of sudden cardiac arrest. Students cannot participate in athletic activities until they and their parents/guardians sign a form acknowledging they have received and reviewed the school's cardiac emergency response plan.
• Removal from Play: Any student who exhibits syncope or fainting before, during, or after an athletic activity must be removed from participation. They cannot return until they are evaluated and cleared in writing by an authorized physician, certified nurse practitioner, or physician assistant.
Civil Liability and Immunity
West Virginia provides Good Samaritan and program immunities to encourage AED use:
• General AED Immunity: A person is not liable for civil damages for acts or omissions in rendering emergency medical care using an AED, provided the care does not amount to gross negligence. This applies to unanticipated operators acting in good faith, as well as anticipated operators acting gratuitously and outside their ordinary professional employment.
• Entity and Medical Director Immunity: Entities, certified trainers, and medical directors of an early defibrillation program are also shielded from civil liability so long as they comply with the statutory requirements for the program.
• School Immunity: No individual, school, or county board of education can be held liable for civil damages if they made a good faith attempt to comply with the requirements of The Alex Miller Law.
Context for Youth Sports
West Virginia law explicitly extends certain requirements to independent youth sports leagues that utilize school facilities. Coaches and personnel supervising a "youth sports league team" that plays or practices on school grounds must receive a copy of the school's cardiac emergency response plan, locate the AED on the grounds, maintain ongoing CPR/AED training, and practice those skills.
However, because legal frameworks regarding sudden cardiac arrest can vary for municipally operated facilities or independent youth programs not affiliated with a school district, it is strongly recommended that local youth leagues consult with legal counsel to determine the applicability of state laws or local ordinances to their programs.
Wisconsin's enacted laws and regulations regarding Automated External Defibrillators (AEDs), categorized by public access guidelines, athletic coaching mandates, and civil liability protections.
Public Access and General Guidelines
Wisconsin statutes explicitly allow places to buy, maintain, and use AEDs in public settings to provide easy access during emergencies. Examples of approved public settings include schools, athletic facilities, faith-based organizations, community health centers, and rural health clinics.
Athletic Coaching and School Requirements
The Wisconsin Interscholastic Athletic Association (WIAA) imposes specific requirements on school athletic staff and encourages emergency preparedness:
• Mandatory Coach Certification: Beginning with the 2017-18 school year, all paid coaches must be certified and maintain their certification in First Aid, Cardiopulmonary Resuscitation (CPR), and AED operation.
• Emergency Action Plans: Schools are encouraged to develop and regularly practice an Emergency Action Plan for athletic events. As part of this plan, schools should establish specialized response teams, including an "AED Team" responsible for retrieving the device and locating the athletic trainer, and a "CPR Team" to follow the AED's voice prompts and assist with resuscitation.
Civil Liability and Immunity
To encourage bystander intervention during sudden cardiac emergencies, Wisconsin provides broad Good Samaritan civil immunity under Statute Section 895.48.
• General Bystander Immunity: A layperson may use a public access AED to give emergency care to someone who appears to be in cardiac arrest without needing to be a trained emergency medical technician or emergency medical responder. Any person who renders this care in good faith is immune from civil liability.
• Extended Protections: This immunity from civil liability explicitly extends to:
o The person who renders the emergency care.
o The owner of the AED.
o The person who provides the AED for use, provided they ensure the device is maintained and tested in accordance with the manufacturer's operational guidelines.
o Any person who provided training in the use of the AED to the person rendering the care.
• Volunteer Healthcare Providers: Wisconsin law also extends civil immunity to licensed or certified health care professionals (such as athletic trainers, emergency medical responders, registered nurses, and physicians) who render voluntary, uncompensated health care to participants in athletic events sponsored by schools, public agencies, or nonprofit corporations.
• Exceptions for Misconduct and Employment: These immunity protections do not apply if the act or omission resulting from the use of the AED constitutes gross negligence. Furthermore, the immunity does not cover health care professionals who render emergency care for compensation and within the scope of their usual employment at a hospital, enroute to a hospital, or at a physician's office.
Context for Youth Sports
While state laws outline general civil immunity and specific mandates for school-affiliated athletic coaches, legal frameworks regarding the use of AEDs in municipally operated facilities or independent youth sports programs can vary. Some youth sports organizations are encouraged to voluntarily follow laws applicable to interscholastic sports activities. It is strongly recommended that local youth leagues consult with legal counsel in their jurisdiction to determine the exact applicability of state laws or local ordinances to their independent programs.
Wyoming's enacted laws regarding Automated External Defibrillators (AEDs), categorized by general operational requirements and civil liability protections.
General Operational Requirements
Wyoming’s regulations regarding the possession and maintenance of AEDs are codified in Title 35 (Public Health and Safety), Chapter 26, specifically under Section 35-26-102 of the Wyoming Statutes. Any person or entity possessing an AED must adhere to the following protocols:
• Training Mandates: All persons possessing an AED are required to obtain appropriate training in both CPR and the use of the AED. Furthermore, they must maintain this training every two (2) years.
• Maintenance and Testing: The possessor must maintain and test the AED strictly according to the manufacturer’s guidelines.
• Emergency Notification: Any person or entity possessing an AED is legally obligated to notify an agent of the local emergency communications center and the local ambulance service regarding the existence, location, and type of the AED they possess.
Civil Liability and Immunity
To encourage bystander intervention during medical emergencies, Section 35-26-103 provides limited statutory immunity arising from the use of an AED.
• User Immunity: Any person who uses or attempts to use an AED on a victim of a perceived medical emergency is immune from civil liability for any harm that results from the use or attempted use of the device.
• Site Owner Immunity: The person responsible for the site where the AED is located is also granted civil immunity, provided that they have fully complied with the training, maintenance, and notification requirements outlined in Section 35-26-102.
• Exceptions for Misconduct: The immunity granted to users does not apply if the harm was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the safety of the victim. Similarly, the immunity for the person responsible for the site is voided in cases of gross negligence or willful or wanton misconduct.
Context for Youth Sports
While Wyoming law grants limited immunity to persons using an AED, the legal frameworks governing sudden cardiac arrest preparations can vary depending on the setting. Some laws or protections may only apply to school-sponsored athletics or school-owned property, while others may apply to municipally operated facilities or independent youth sports programs. It is strongly recommended that local youth sports leagues and organizations consult with legal counsel in their jurisdiction to determine the specific applicability of state laws, regulations, or local ordinances to their independent programs.
Federal enacted laws regarding Automated External Defibrillators (AEDs), categorized by public access grant programs, mandates for school-based initiatives, and educational resources.
The Community Access to Emergency Defibrillation Act of 2002
Enacted to address the high mortality rate of out-of-hospital cardiac arrests, this law establishes federal support for making AEDs more widely available in communities.
• Public Access Grants: The Act authorizes the Secretary of Health and Human Services to award grants to States, political subdivisions, Indian tribes, and tribal organizations to develop and implement public access defibrillation programs.
• Equipment and Placement: Grant funds may be used to purchase FDA-approved AEDs, place the devices in public places where cardiac arrests are likely to occur, and establish procedures for proper maintenance and testing according to manufacturer guidelines.
• Training and EMS Integration: Funds are designated to train first responders (including police and firefighters), EMS personnel, and members of the general public in CPR and automated external defibrillation. The law also mandates integrating public access programs with local EMS systems so dispatchers know the location of community AEDs.
• Demonstration Projects: The law provides separate grants for innovative, community-based public access defibrillation demonstration projects intended to maximize AED access and provide CPR/AED training in "unique settings".
• National Clearinghouse: The Act authorizes a grant to a health care organization to establish a national information clearinghouse. This clearinghouse is tasked with providing comprehensive materials to establish public access defibrillation programs in schools and fostering community partnerships to promote school safety.
The HEARTS Act of 2024
Signed into law in December 2024, the "Cardiomyopathy Health Education, Awareness, and Research, and AED Training in the Schools Act of 2024" (HEARTS Act) specifically bolsters cardiac emergency preparedness in educational settings.
• Guidelines and Response Plans: The Secretary must develop and disseminate public education materials that include specific guidelines regarding the placement of AEDs in schools, early childhood education programs, and child care centers. These materials must also include recommendations for how these facilities can develop and implement cardiac emergency response plans.
• Grants for Student Access: The Act authorizes grants to local educational agencies (acting in consultation with qualified health care entities) to implement comprehensive programs that promote student access to AEDs and CPR in public elementary and secondary schools.
• Eligible Expenses for Schools: Schools receiving these grants can use the funds to:
o Purchase FDA-approved AEDs.
o Perform necessary AED maintenance, such as purchasing batteries and replacing AED pads.
o Replace old and outdated AED and CPR equipment.
o Provide support for CPR and AED training programs for students, school staff, and related sports volunteers.
o Develop cardiac emergency response plans, which have been shown to more than double survival rates from cardiac arrest.
Context for Civil Liability and Youth Sports
While federal statutes provide critical funding, educational resources, and guidelines to promote AED access across the country, the specific legal frameworks that grant limited immunity to persons using an AED during a sudden cardiac arrest generally fall under individual state laws. Because these laws vary depending on whether an activity is school-sponsored, occurs on municipally operated property, or is run by an independent youth sports program, it is strongly recommended that local leagues consult with legal counsel in their jurisdiction to determine the specific applicability of any state laws or local ordinances to their programs.
