State Laws on Automated External Defibrillators

Section 09.65.087 of the Alaska Statutes under Title 9 (Code of Civil Procedure), Chapter 65 (Actions, Immunities, Defenses, and Duties) provides that an individual who uses an AED on a victim in a perceived medical emergency is not liable for civil damages arising as a result of the use or attempted use of the AED.

The Alaska Code § 09.65.087 can be viewed online at:

Alaska Statutes 2023

The following websites offer additional information regarding Alaska AED Law:

Rural and Community Health Systems Automated External Defibrillators: Frequently Asked Questions

Course Catalog Search | American Heart Association CPR & First Aid

AED Certification & Training in Alaska | Red Cross

The Arizona law is found at Sections 36-2261 through 36-2264) of the Arizona Annotated Revised Statutes, under the title dealing with Public Health and Safety (Title 36) and the chapter dealing with Emergency Medical Services (Chapter 21.1)

Arizona law requires that except as provided in §36-2262 (exempts person who obtained  AED for home use per a physician’s prescription or a person employed as a firefighter, EMT, or ambulance attendant), each person or entity that obtains an AED shall: enter into an agreement with a physician who shall oversee the aspects of public access to defibrillation; require each trainer user who uses an AED on a person in cardiac arrest to call 911 as soon as possible; submit a written report to the Bureau of Emergency Medical Services within five (5) days of use; and ensure that the AED is in good working order and tested according to manufacturing guidelines.  §36-2263 lists those persons not subject to civil liability for personal injury arising from acts or omissions not amounting to willful misconduct or gross negligence, which includes but is not limited to a good Samaritan and a trained user.

Sections   36-2261 through 36-2264 are available online at:

https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/36/02261.htm  (use next section and previous section buttons to view desired section)

The following websites offer additional information regarding Arizona AED Law:

AED Certification & Training in Arizona | Red Cross

Treatment of Cardiac Arrest | American Heart Association

Section 6-60-121 requires that an AED shall be placed in appropriate locations across each institution of higher education campus, appropriate personnel shall be trained in its use, and an AED shall be available at each higher education-sponsored sporting event. The “Access by Public to Defibrillators Act §20-13-1301 through 20-13-1305) requires AED users to complete CPR and AED use training one (1) time every two (2) years.  Any person or entity that in good faith and without compensation renders use of an AED is immune from civil liability for any personal injury if the person acts in an ordinary reasonable manner (§20-13-1305).  Each school campus shall have an AED and each school-sponsored sporting event for grades 7-12 shall have an AED at such event (§6-10-122).

Section 6-60-121 of the Arkansas Code is currently available online at:

Arkansas Code Title 6. Education § 6-60-121 | FindLaw

Section 6-18-713 of the Arkansas Code is currently available online at:

Arkansas Code Title 6. Education § 6-18-713 | FindLaw

Arkansas Code Title 20. Public Health and Welfare § 20-13-1301 | FindLaw  (click on highlighted citation and use search by citation.  Use next and previous part of code to view desired section)

The following websites offer additional information regarding Arkansas AED Law:

AED Certification & Training in Arkansas | Red Cross

http://www.ahsaa.org/sports-medicine-info

ARKANSAS DEPARTMENT OF EDUCATION RULES GOVERNING SCHOOL-BASED AUTOMATED EXTERNAL DEFIBRILLATOR (AED) DEVICES AND CARDIOPULMONARY RESUSCITATION (CPR) PROGRAMS IN ARKANSAS PUBLIC SCHOOLS

California has multiple laws relating to AEDs.   Section 35179.6 under the Education Code requires school districts or charter schools who offer interscholastic athletic programs to acquire at least one (1) AED for each school.  School districts and charter schools are encouraged to ensure that AEDs are available to provide emergency aid and/or treatment within three (3) to five (5) minutes of sudden cardiac arrest to pupils, spectators, and other individuals attending on campus athletic activities or events and ensure that AEDs are available to athletic trainers, coaches, and other authorized persons present at such activities or events.  A person who in good faith and not for compensation renders emergency care or treatment by use of an AED at the scene of an emergency is not liable for acts or omissions in rendering such care unless personal injury or wrongful death arises as a result of gross negligence or willful or wanton misconduct provided the school district or public school has complied with the requirements of §1797.196 (Responsibilities of acquirers of external defibrillator) of the California Health and Safety Code. (See §49417 -employee of school district).  Another law under the California Civil Code 1714.21 (Liability for damages) precludes liability for a person rendering emergency care in good faith and for persons who provide CPR an AED training provided such person or entity in the case of the latter has complied with §1797.196.  Likewise, if a charter school complies with the requirements of §1797.196, liability for civil damage resulting from any acts or omissions in rendering emergency care or treatment is precluded (§35179.6(f)

Section 1797.196 requires that a person or entity acquiring an AED notify local EMS of its existence, location and type of AED.  Regular testing and maintenance are required and records of such are to be kept.  AED must be tested biannually and after each use. Placement of an AED in a public or private K-12 school requires that the principal shall ensure that school administrators and staff annually receive cardiac arrest information, the school’s emergency response plan, notification of the location of AEDs, and proper use of an AED.  Instructions explaining the use of AED shall be posted next to every AED.

The California High School Coach Education and Training Program is found in §35179.1.  Coaches are required to be CPR certified and trained in the use of an AED and in first aid and recognizing the signs and symptoms of concussions, heat illness and cardiac arrest.  The program is required to be updated and rehearsed annually.

Section 8354 of the California Government Code directs the General Services Department to apply for federal grants available through the Community Access to Emergency Defibrillation Act of 2002, federal legislation, for the purchase of AEDs to be located in state-owned and leased buildings

Article 13.5, sections 33479 through 33479.9 is currently available online at:

Codes Display Text (ca.gov)

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=35179.1.&nodeTreePath=2.2.1.2.6&lawCode=EDC

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=35179.6.&lawCode=EDC

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=49417.&lawCode=EDC

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1714.21.&lawCode=CIV

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1797.196.&lawCode=HSC

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=8345.&lawCode=GOV

The following websites offer additional information regarding California AED Laws:

AED Certification & Training in California | Red Cross

Sudden Cardiac Arrest (SCA) in Student-Athletes – California Interscholastic Federation (cifstate.org)

AED | EMSA

CPR Training

Section 13-21-108 of the Colorado Revised Statutes Annotated Title 13 (Courts and Court Procedure) provides that any physician licensed under Colorado Law or any other person, who in good faith renders emergency care or emergency assistance to an individual without compensation shall not be liable unless the acts act or omissions were grossly negligent or willful or wanton. A person or entity acquiring an AED shall ensure that: expected users receive AED and CPR training; that the AED is maintained and tested, and maintenance records are retained; written plans are in place regarding the placement of AEDs, training of personnel; pre-planned coordination with emergency medical services system, which written plans have been approved by a licensed physician. Any person or entity that acquires an AED shall notify an agent of the applicable emergency communications of the location and type of AED and that emergency medical services is notified of AED (§13-21-108.1).  Section 13-21-108.1 also contains a civil liability immunity provision, which applies to any person or entity whose primary duties do not include health care.  Section  13-21-108.2 (Persons rendering emergency assistance – competitive sports-exemption from civil liability) applies to certain health care professionals including but not limited physicians, nurses, dentists who render emergency care/assistance without compensation, including sideline or on field care, to an individual engaged in competitive sport, are not liable for civil damages as a result of acts or omissions unless they were grossly negligent, or willful and wanton, or are outside of the scope of the license held by the health care professional.  “Competitive sport” means a sport conducted as part of a program sponsored by a public or private school that provides instruction in any grade from kindergarten through twelfth grade or sponsored by a public or private college or university or by any league, club, or organization that promotes sporting events (§13-21-108.2).

Coaches for athletic programs employed by local education providers must be CPR certified and have received effective instruction in the use of an AED (§22-1-125.5).  Any public school or person who owns, operates, or manages a public place is encouraged to place functional AEDs in sufficient quantities to assure reasonable availability during cardiac arrest emergencies (§25-53-102).  Section 25-53-202 Created an Office of Cardiac Management within the Colorado Department of Public Health.  Its goals are to raise public awareness about sudden cardiac arrest and the skills necessary to save lives, the importance of CPR, raise awareness regarding the use of AEDs, and to encourage all residents to engage in basic life-saving actions.

Section 13-21-116(2.5)(a) [13-21-116 [Actions not constituting an assumption of duty –board member immunity – immunity for volunteers assisting organizations for young persons] provides that no person who performs a service or an act of assistance, without compensation or expectation of compensation, as a leader, assistant, teacher, coach, or trainer for any program, organization, association, service group, educational, social, or recreational group, or nonprofit corporation serving young persons or providing sporting programs or activities for young persons shall be held liable for actions taken or omissions made in the performance of his duties except for wanton and willful acts or omissions; except that such immunity from liability shall not extend to protect such person from liability for acts or omissions which harm third persons.

“Young Persons” means an individual who is eighteen years of age or younger.  “Persons” means an individual, corporation, partnership, or association.

The Colorado Revised Statutes Annotated can be view online as follows:

Colorado Legal Resources | Statutes Document Page  (§13-21-108)

Colorado Legal Resources | Statutes Document Page (§13-21-108.1)

Colorado Legal Resources | Statutes Document Page (§13-21-108.2)

Colorado Legal Resources | Statutes Document Page   (22-1-125)

Colorado Legal Resources | Statutes Document Page  (22-1-125.5)

Colorado Legal Resources | Statutes Document Page  (25-53-102)

Colorado Legal Resources | Statutes Document Page  (25-53-202)

Colorado Legal Resources | Statutes Document Page  (13-21-116)

The following websites offer additional information about the Colorado AED Laws:

American Heart Association Courses – CPR Colorado

AED Certification & Training in Colorado | Red Cross

Courses in CPR/AED/First-Aid – CPRColorado.com

The Connecticut Law is found under Title 10 (Education and Culture) and Title 52 (Civil Actions).  Section 10-212d requires that each local and regional board of education under the board’s jurisdiction have an AED and school personnel trained in the use of an AED and CPR, which shall be available during the school’s normal operating hours, during school-sponsored athletic practices and athletic events taking place on school grounds and during school sponsored events not occurring during normal school hours. Each school shall develop an emergency action response plan, which addresses the appropriate use of school personnel to respond to incidents involving sudden cardiac arrest or a similar life-threatening event while on school grounds.  Each school with an athletic department or organized athletic program shall develop an emergency action response plan that similarly addresses an appropriate response by school personnel to an individual experiencing sudden cardiac arrest or a similar life-threatening emergency while attending or participating in an athletic event on school grounds. Local and regional boards are not required to comply the provisions of §10-212d(a), (b), and (c) summarized above if federal, state, or private funding is not available to purchase an AED and pay for the required training.  Boards may accept a donation of an AED, which meets FDA standards, as well as gifts, grants, donations designated for the purchase of an AED (§10-212d(a)).

Section 10a-551 requires the athletic department of each institution of higher education to develop and implement a policy regarding the availability and use an AED during intercollegiate sport practice, training, and competition.  Each athletic department of each institution of higher education shall provide and maintain at least one AED in a central location no more than one-quarter mile from the premises being used, make the location known to employees and student-athletes during all hours of sports practice, training, and competition, ensure that at least one-athletic trainer or other person trained in CPR and AED use in accordance with standards set forth by the American Red Cross or American Heart Association is on premises during all hours of intercollegiate sports practice, training, and competition, maintain and test the AED, and promptly notify emergency medical services after each use of an AED.

Connecticut’s “Good Samaritan Law” is found in Title 52.  This law provides immunity to specifically identified individuals. Persons licensed to practice medicine, and any other person operating an AED who voluntarily and gratuitously and other than in the course of such person’s employment or practice, who render emergency or professional assistance to a person in need thereof, shall not be liable to such person for civil damages for any resulting personal injuries, which may result from acts or omissions by a person rendering emergency care, which may constitute ordinary negligence.  Immunity will not apply to acts or omissions constituting gross, willful, or wanton negligence (§52-557b).

Sections 10-212d, 10a-551 and (§55-557b) can be viewed online at:

Chapter 169 – School Health and Sanitation (click on § 10-212d)

Chapter 185 – Administration of State System (click on §10a-55l)

Chapter 925 – Statutory Rights of Action and Defenses  (§52-557b)

The following websites offer additional information regarding Connecticut AED Law:

AED Certification & Training in Connecticut | Red Cross

Connecticut | American Heart Association

The Delaware Law is found under Title 16 (Health and Safety), Title 14 (Education) and Title 30 (State Taxes).  Title 16, Chapter 30C (automatic external defibrillators).  Section 3003C requires that any entity to whom an AED is distributed shall ensure that every prospective user of an AED receives appropriate training in CPR and AED use, which shall be approved by the State EMS Director.  In addition, the defibrillator must be tested and maintained in accordance with manufacturer guidelines and any person rendering emergency care by use of an AED shall notify the appropriate EMS units as soon as possible and report its use to appropriate licensed physician or medical authority (§3003C).  The State EMS Director shall maintain a file containing the name of each person or entity that acquires an AED.

Section 3005C provides limited immunity protections to any person or entity, who in good faith renders emergency care or treatment by use of AED, for any personal injury arising as a result , or as a result of any act or failure to act in providing or arranging further medical treatment provided the person acts as an ordinary, reasonable prudent person and such acts are not willful, wanton misconduct, or grossly negligent.  Similarly, any person who authorizes purchase of AED, any person or entity who provides AED training, and any person or entity where the AED is located are afforded the same limited liability protections.

Chapter 3 (Delaware Interscholastic Athletic Association) of Title 14 (Education) requires the Board (Board of Director of the Delaware Interscholastic Athletic Association – see §302[Definitions}) regarding awareness, recognition, and management of sudden cardiac arrest and for each school-appointed head coach to be provided sudden cardiac arrest information and to hold a CPR certification, which includes AED training (§303(e)(4)&(5)).

Title 16, Section (§3003C & 3005C) are available online at:

Delaware Code Online  (scroll down to §3003C)

Delaware Code Online  (scroll down to §3005C)

Title 14, Section (303) is available online at:

http://delcode.delaware.gov/title14/c003/index.shtml (scroll down to Section 303(e)).

The following websites offer additional information regarding Delaware AED Law:

https://www.redcross.org/local/delaware/take-a-class/aed

Concussions and Sudden Cardiac Arrest – Delaware Interscholastic Athletic Association

diaa_sca_awareness_form_b.pdf (delaware.gov)

The District of Columbia Law is found in Title 7 (Human Health Care and Safety) Subchapter l (Access to Defibrillation) Sections 7-2371.01 through 7-2371.05[1].  Any person or entity acquiring an AED shall ensure that the Facility AED Coordinator receives training in CPR and AED use, the defibrillator is maintained and tested according to manufacturer’s standards, that records of testing and maintenance are maintained, and that any person using an AED to provide emergency care or treatment on a person promptly notify 9-1-1 (§7-2371.01).  Any person or entity who acquires an AED shall notify the Chief of the Department and the call center of the AED, its location and type (7-2371.02 (c)).  The Mayor shall develop an AED program for each recreational facility (a Department of Parks and Recreation public facility that is regularly staffed by a paid District government employee) and ensure that each facility has at least one (1) AED onsite, that a trained individual in AED use is onsite during hours of operation, and each AED is maintained, tested, and operated according to manufacturer’s guidelines (§7-2371.02a).

The mayor shall conduct a study examining the feasibility of installing AED devices in District public facilities including DC public and charter schools (§7-2371.02b).  Each school shall be required to meet the requirements of §§7-2371.02, establish a schedule for periodic maintenance and testing, ensure that AEDs at school are appropriate for both adults and children, require athletic coaches, coaching assistants, athletic trainers, athletic directors, team or game physicians, school nurses, and every anticipated AED user to successfully complete CPR and AED training, and require that at least one individual trained in CPR and AED use be present during school operation hours and during any athletic activity, and at least annually inform all school employees of the location(s) of all AEDs in the school (§7-2371.02c).

Section §7-2371.03 (AED use and tort immunity) provides that any person or entity who, in good faith and without compensation, uses an AED to provide emergency care or treatment shall be immune from civil liability for any personal injury resulting from the care or treatment, or resulting from any act or failure to act in providing or arranging further medical treatment, if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.  The immunity granted by §7-2371.03 will be inapplicable if the personal injury results from gross negligence or wanton or willful misconduct of the person providing the care.

The mayor may issue rebates to property owners or lessees of a building in the District who purchase an AED who meet the requirements set forth in §7-2371.04a.  The rebate shall not exceed $400.00 for each AED with a maximum of $750.00 per building, shall not exceed the purchase price of the AED, and is contingent upon the availability of funds.

The mayor may issue rules to implement Access to Defibrillator.

Sections 7-2371.01 through 7-2371.05 of the DC Code is available online at:

Subchapter I. Access to Defibrillator. | D.C. Law Library

The following website offers additional information regarding District of Columbia AED Law:

Red Cross Training & Classes in District of Columbia | Red Cross

[1] Title 44 of the DC Code Chapter 2A, Sections 44-231 through 44-236 “(Defibrillator Usage”) was recodified to Sections 7-2371.01 through 7-2371.05 in Title 7 (Human Health Care and Safety – “Access to Defibrillator”).

The Florida Law is found in title XXIX (Public Health), Section 401.2915, Title XLV (Torts), Section 768.1325 and Title XLV (Early Learning – 20 Education Code), Section 1006.165.

Section 401.2915 encourages all persons who use an AED to obtain appropriate training in CPR, first aid, and AED use.  Any person in possession of an AED is encouraged to notify the local emergency medical services medical director or the local public safety answering point of the location of the AED and to activate the emergency medical services system as soon as possible after the use of the AED.

Each public school that is a member of the Florida High School Athletic Association must have an operational AED on school grounds, its location clearly marked and publicized for each athletic contest, practice, workout, or conditioning session including those conducted outside of the regular school year. A school employee or volunteer with appropriate training in CPR use and AED use must be present at each athletic event both during and outside the regular school year.  The location of each defibrillator must be registered with a local medical services director (§1006.165).

Section 768.1325 provides that any person who uses or attempts to use an AED on a victim of a perceived medical emergency, without objection of the victim of the perceived medical emergency, is immune from civil liability for any harm resulting from the use or attempted use of such device. This immunity will not apply if the harm was caused by willful or criminal misconduct, gross negligence, reckless disregard or misconduct, or a conscious, flagrant indifference to the rights or safety of the victim.

Sections 401.2915, 1006.165, and 768.132 of the Florida Statutes Annotated can be viewed online at:

Chapter 401 Section 2915 – 2011 Florida Statutes – The Florida Senate

Chapter 1006 Section 165 – 2021 Florida Statutes – The Florida Senate

Chapter 768 Section 1325 – 2021 Florida Statutes – The Florida Senate

The following websites offer additional information regarding Florida AED Law:

Sudden Cardiac Arrest Course

NFHS Resources – Florida High School Athletic Association

Red Cross Training & Classes in Florida | Red Cross

The Georgia Law is found in Title 20 (Education), Chapter 2 (Elementary and Secondary Education), Article 6 (Quality Basic Education), Part 15 (Miscellaneous Provisions) Section 20-2-324.5 and Article 16 (Students), Part 3 (Health) Section 20-2-775 and Title 51 (Torts), Chapter 1 (General Provisions), Section 51-1-29-3of the Official Code of Georgia Annotated.

No later than July 1, 2025, each public school (K-12) shall be required to have at least one (1) functional AED on site, which is easily accessible during all school hours and during any school-related function, including athletic practices, competitions, and other occasions when students and others will be present.  Each school shall ensure that each member of the school’s emergency response team and any other expected AED users be CPR certified and trained in AED use, notify emergency medical services of the existence of the AED and its location, establish a written emergency action plan in accordance with nationally recognized standards, establish a designated internal response team, and conduct at least one (1) emergency practice drill per semester (§20-2-775).

Section 20-2-324.5 applies to interscholastic sports and defines “interscholastic athletic activity” as interscholastic athletics and practices, interschool practices, and scrimmages related to interscholastic athletics.  The Georgia Department of Education shall post on its website guidelines and other relevant information to inform students, parents, and coaches about the nature and warning signs of sudden cardiac arrest, including the risks of continued participation after experiencing symptoms.  Schools shall hold sudden cardiac arrest informational meetings twice per year for students, parents, coaches, and may include others such as physicians, cardiologists, and athletic trainers.  A student who passes out or faints during an interscholastic athletic activity or immediately following one, shall be removed from participation by an athletic trainer (or coach in the absence of an athletic trainer), if it is believed that the symptoms are cardiac-related and shall notify the parents. A student removed from activity may not return to participation until evaluated and cleared in writing by a health care provider.  Coaches may not coach any scholastic athletic activity until they complete an annual review of guidelines and relevant materials approved by the Department of Education. Section 20-2—324.5 does not create any liability for or cause of action against local education boards, governing bodies of nonpublic school or charter school of the officers, employees, or volunteers of any such entities for any act or omission in connection with removal or non-removal of a student from an interscholastic athletic activity. Sponsors of youth athletic activities, as defined in paragraph (4) of subsection (a) of Code Section 20-2-324.1[1], are encouraged to implement the provisions of this Code section.

Section 51-1-29-3 provides immunity from civil liability for any person, which gratuitously and in good faith renders emergency care or treatment by the use of an AED with objection of the person to whom the care or treatment is rendered.  Such immunity shall not be applicable to an act of willful or wanton misconduct and shall not apply to a person acting within the scope of a licensed profession, if such person acts with gross negligence.  The owner or operator of any premises who provides an AED and the any person providing AED training are immune from civil liability as well.

Sections 20-2-775 and 51-1-29.3 of the Georgia Code can be viewed online at:

Georgia General Assembly | PAW Document Page

Georgia General Assembly | PAW Document Page

https://law.justia.com/codes/georgia/2022/title-20/chapter-2/article-6/part-15/section-20-2-324-5/

The following website offers additional information regarding Georgia AED law:

Jeremy Nelson and Nick Blakely Sudden Cardiac Arrest Prevention Act (SB60) | GHSA.net

AED Certification & Training in Georgia | Red Cross

[1] Youth athletic activity” means an organized athletic activity in which the majority of the participants are youth athletes and are engaging in an organized athletic game or competition against another team, club, or entity or in practice or preparation for an organized game or competition against another team, club, or entity. This term shall not include college or university activities or an activity which is entered into for instructional purposes only, an athletic activity that is incidental to a nonathletic program, youth athletic activities offered through a church or synagogue, or a lesson; provided, however, that colleges, universities, churches, and  synagogues, or a lesson; provided, however, that colleagues, universities, churches, and synagogues, and any other entities that conduct youth athletic activities but are not subject to this Code.

The Hawaii Law is found under Title 36 (Civil Remedies and Defenses…), Chapter 663 (Tort Actions), Part 1.5 (Exceptions to Liability) Section 663-1.5 of the Hawaii Revised Statutes Annotated.  Any person who in good faith, without renumeration or the expectation of it, attempts to resuscitate a person in immediate danger of loss of life when administering any AED, regardless of location, shall not be liable for any civil damages resulting from any act or omission except as may result from the person’s gross negligence or wanton acts or omissions.  Any person or employer providing AED training or any physician or physician assistant who administers an AED program is immune from liability.

Section 663-1.5 of the Hawaii Revised Statutes Annotated can be viewed online at:

data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0001_0005.htm

The following website offers additional information regarding Hawaii AED law:

AED Certification & Training in Hawaii | Red Cross

The Idaho Law regarding AEDs under Title 39 Health and Safety and is contained in Chapter 7 (Sudden Cardiac Arrest) Sections 39-701-39-703.  Section 39-702 provides that any person, who reasonably believes that another person is in sudden cardiac arrest, may administer CPR or AED use on the other person.  The Idaho Law also provides that any person who reasonably administers CPR or reasonably renders emergency care using an AED, without remuneration or expectation of remuneration, at the scene of an accident or emergency to a victim of the accident or emergency shall not be liable for any civil damages resulting from the person’s acts or omissions. The immunity provided by this section shall not apply to acts or omissions amounting to gross negligence or willful, wanton, or reckless misconduct (§39-703).

Sections 39-702 and 39-703 can be viewed online at:

Section 39-702 – Idaho State Legislature

Section 39-703 – Idaho State Legislature

The following website offers additional information regarding Idaho AED law:

AED Certification & Training in Idaho | Red Cross

The Illinois Law is found in Section 105ILCS 5/10-20.87 under Chapter 105 Schools and under Chapter 410 (Public Health) Sections 410 ILCS 4/1 through 410 ILCS 4/30 known as the Automated External Defibrillator Act.  Section 105ILCS 5/10-20.87 requires that a school district shall require all attendance centers to have at least one (1) AED present during the school day and during a school sponsored extracurricular activity on school grounds.

A person acquiring an AED shall maintain and test it according to manufacturer’s guidelines, shall have anticipated users appropriately trained in CPR and AED use, any person who renders out of hospital care by using an AED shall activate the EMS system as soon as possible, and report its use.  Possessors of an AED shall notify an agent of local emergency communications or vehicle dispatch of the existence, location, and type of AED (§410 ILCS 4/20).  Section §410 ILCS 4/20) provides that a user in not liable for acts or omissions involving AED use except for willful or wanton misconduct, if other requirements of the act are met.

Section 105ILCS 5/10-20.87 and the Automated External Defibrillator Act (Sections

10 ILCS 4/1 through 410 ILCS 4/30 are available online at:

105 ILCS 5/ School Code.  (CTRL F search 5/10-20.87)

410 ILCS 4/ Automated External Defibrillator Act.

The following website offers additional information regarding Illinois AED law:

Red Cross Training & Classes in Illinois | Red Cross

The Indiana Law is found in Title 20 (Education), Title 34 (Civil Law and Procedure), (§20-34-8-9, §34-30-12-1, and §34-312-2).  Title 20, Section 20-34-8-9 requires head and assistant coaches who coach an athletic activity, a marching band leader, a drama or musical leader, or leader of an extracurricular activity in which students have an increased risk of sudden cardiac arrest to complete a sudden cardiac arrest training course, which shall include training in the use of an AED.  A previously described individual may not coach or lead an event until completing the required training course.  Individuals completing the requirement training and providing coaching or leadership services in good faith shall not be personally liable for damages in a civil suit arising as a result of sudden cardiac arrest except for an act or omission that constitutes gross negligence or wanton or willful misconduct.  Section 20-34-8-9 also discusses deployment of an AED and requires development of a venue specific emergency action plan for sudden cardiac arrest with a goal of a three (3) minute response to a sudden cardiac arrest.  Schools developing an emergency action plan may apply for a grant to purchase an AED.

Section 34-30-12-1 provides immunity for a person using and individual, business, or organization that allows an expected user to in good faith gratuitously use an AED to which Section 16-31-6.5-5[1] applies from any act or omission not amounting to gross negligence or willful or wanton misconduct.  Similarly, Section 34-30-12-2 affords immunity to a person who has successfully completed a course of training in CPR for acts or omissions while attempting to administer CPR unless such acts or omissions amount to gross negligence or willful or wanton misconduct.

Sections §20-34-8-9, §34-30-12-1, and §34-30-12-2 of the Indiana Code can be viewed online at:

IGA | 2024 Indiana Code  (§20-34-8-9)

IGA | 2024 Indiana Code  (§34-30-12-1 and §34-30-12-2)

The following websites offer additional information regarding Indiana AED law:

DOE: Concussion and Sudden Cardiac Arrest (in.gov)

AED Certification & Training in Indiana | Red Cross

[1] Section 16-31-6.5-5 does not apply to a licensed physician, hospital, ambulatory outpatient surgical center, birthing center, a person providing health care in the aforementioned settings, or a person or entity certified under 16-31-3, but requires otherwise notifying the ambulance service where the person is or entity is located, the location of the defibrillator, and registering the device with the department of homeland security in a manner prescribed by the department of homeland security.

The Iowa Law is found under Title XV (Judicial Branch and Judicial Procedures), Subtitle 3 (Civil Procedure).  Section 613.17 (“Emergency assistance in an accident”) provides immunity to a person or entity acquiring an AED, a person or entity that owns, manages, or is otherwise responsible for the premises on which an AED is located if the person or entity maintains the AED in a condition for immediate and effective use at all times, a person who retrieves an AED in response to a perceived sudden cardiac emergency, a person who uses, attempts to use, or fails to use an AED in response to a perceived sudden cardiac emergency, and a person that provides instruction in AED use if such persons or entities, while acting reasonably and in good faith, who render emergency care or assistance relating to the preparation for and response to a sudden cardiac arrest emergency shall not be liable for any civil damages for acts or omission arising out of the use of AED.

Section 613.17 can be viewed online at:

613.17.pdf

The following website offers additional information regarding Iowa AED law:

AED Certification & Training in Iowa | Red Cross

The Kansas Law is found under Chapter 65 (Public Health), Article 61 (Emergency Medical Services), Section 65-6149a and is titled “Automated external defibrillator; use, possession, immunity from liability, notice of acquisition of unit; placement of units in state facilities”.  Any person who in good faith renders emergency care or treatment by the use of or provision of an automated external defibrillator shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.  The immunity provisions of Section 65-6149a also apply to persons or entities who own, lease, possess, or otherwise controls an AED, who ensure the proper operation and maintenance of the device, to persons or entities who teach or provide AED training programs, and any person licensed to practice medicine and surgery who pursuant to a prescription order authorizes that acquisition of an AED.  Persons or entities who purchase or otherwise acquire an AED are required to notify the emergency medical service, which operates in the area of the location of the AED.  The secretary of the administration, in conjunction with the Kansas Highway Patrol, shall develop guidelines for the placement of AEDs in state owned or occupied buildings.

The Kansas Legislature enacted SB 19, which is codified at Section 72-6288 and requires the Secretary of Health to develop statewide standards for cardiac emergency response plans and the board of education of each school district to adopt a cardiac emergency response plan. The cardiac emergency response plan shall include, but not be limited to, establishment of cardiac emergency response team, identifying and implementing placement of AEDs, and establishing procedures for responding to incidents involving an individual experiencing a sudden cardiac arrest while attending school or at the site of any school-sponsored athletic practice or competition or other school-sponsored activity in the State of Kansas whether such site is on school district grounds or at another location.  The law also requires the rehearsing of cardiac emergency response plans by all athletic directors, coaches, assistant coaches, athletic trainers, school nurses, and any other designated school district personnel prior to the start of each athletic season or the beginning of each school year.

Section 65-6149a and Section 72-6288 can be viewed online at:

65-6149a

72-6288

The following websites offer additional information regarding Kansas AED law:

Cardiac Emergency Response Plans | KDHE, KS

AED Certification & Training in Kansas | Red Cross

The Kentucky Law is found in multiple sections of the Kentucky Revised Statutes.  Section 158.162 provides that each local board of education shall require each school to adopt a written cardiac emergency response plan, which shall be rehearsed by simulation prior to the start of each athletic season by all licensed athletic trainers, school nurses, athletic directors, interscholastic coaches, and volunteer coaches of each athletic team active during that athletic season. This law requires every school to maintain a portable AED in a public, readily accessible, well-marked location in every school building, as funds become available, at school-sanctioned athletic practices and competitions and to ensure that all athletic coaches are trained in AED use and CPR.  Another Kentucky Law requires interscholastic athletic coaches to obtain CPR certification and training with regard to AED use (§160.445).

A person or entity who acquires an AED shall notify an agent of the local emergency medical services system of the existence, location, and type of AED acquired and shall ensure that users receive training in CPR and AED use through appropriate training, that the AED is maintained and tested according to manufacturer’s guidelines, that any person rendering emergency care or treatment on a person in cardiac arrest by using an AED activates the local emergency medical services system as soon as possible (§311.667).

Any person or entity who, in good faith and without compensation, renders emergency care or treatment by the use of an AED shall be immune from civil liability for any personal injury as a result of the care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment, where the person acts as an ordinary, reasonable prudent person would have acted under the same or similar circumstances unless the personal injury results from gross negligence or willful or wanton misconduct (§311.688).

Sections 158.162, 160.445, 311.667, and 311.688 of the Kentucky Revised Statutes can be viewed online at:

statute.aspx  (§158.162), statute.aspx  (§160.445), statute.aspx  (§311.667), and

statute.aspx  (§311.688)

The following website offers additional information regarding Kentucky AED law:

AED Certification & Training in Kentucky | Red Cross

The Louisiana Law is found in Title 40 (Public Health and Safety), Sections 40:1137.1 through 40:1137.4 and Title 9 (Civil Code – ancillaries) Section 9:2793 (“Gratuitous Service at scene of emergency; limitations on liability”).

Section 40:1137.3 sets forth requirements for persons or entities possessing an AED, which include, but are not limited to, that expected users (any person designated by the possessor to render emergency care) received appropriate training in the use of an AED and CPR, that emergency services are activated as soon as possible after use of AED in a cardiac arrest situation, and the possessor of AED is required to notify a local provider of emergency services of the acquisition of an AED, its location, and type.  A physical fitness facility must keep an AED on premises. “Physical fitness facility” means a facility for profit or nonprofit with a membership of over fifty persons that offers physical fitness services. This term includes but is not limited to clubs, studios, health spas, weight control centers, clinics, figure salons, tanning centers, athletic or sport clubs, and YWCA and YMCA organizations.

In addition, each postsecondary education institution shall have an AED on premises in an easily accessible location within its athletic department and have a cardiac emergency response plan that in writing establishes the specific steps to reduce death from cardiac arrest at an intercollegiate athletic event. Every elementary, middle, and high school that sponsors an interscholastic athletic event shall have an AED and a trained AED user in first-aid CPR at the event and shall have a cardiac emergency response plan, which must meet minimum guidelines specified in the statute.  Section 40:1137.3 also created the “Jump Start Your Heart Fund,” which shall consist of any monies appropriated, allocated, donated or transferred to the fund, which shall be appropriated by the legislature and used to purchase AEDs at each postsecondary, high, middle, and elementary school in the state.

Section 40:1137.4 (“Limitation of Liability”) provides immunity to any expected user of an AED regularly on premises from civil damages for any act or omission related to the operation of an AED or failure to operate it not amounting to willful or wanton misconduct or gross negligence.

Section 9:2793 provides that no person who in good faith gratuitously renders emergency care, first aid or rescue at the scene of an emergency, or moves a person receiving such care, first aid or rescue to a hospital or other place of medical care shall be liable for any civil damages as a result of any act or omission in rendering the care or services or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the person involved in the said emergency; provided, however, such care or services or transportation shall not be considered gratuitous, and this Section shall not apply when rendered incidental to a business relationship.  An exemption from liability shall not apply to those individuals who intentionally or by grossly negligent act or omission cause damages to another individual.  Paragraph C of Section 9:2793 specifically provides that rendering emergency care, first aid or rescue shall include the use of an AED.

Sections 40:1137.1 through 40:1137.4 and 9:2793 Louisiana Revised Statutes can be viewed online at:

https://www.legis.la.gov/Legis/LawSearch.aspx (search Revised Statutes and insert title & section numbers).

The following websites offer additional information regarding Louisiana AED Law:

Jump Start Your Heart | La Dept. of Health

AED Certification & Training in Louisiana | Red Cross

The Maine Law is found under Title 22 (Health and Welfare), Section 2150-C “Automated External Defibrillators; immunity from civil liability,” Title 32, Section 88-C “Registry of Automated External Defibrillators,” and Title 20-A, Section 6304 “Automated External Defibrillators and Cardiopulmonary Resuscitation” of the Maine Revised Statutes Annotated.

Title 22, Section 2150-C provides that absent gross negligence or willful and wanton misconduct any person or entity that acquires an AED, any person or entity that owns, manages or is otherwise responsible for the premises on which an AED is located, any person who retrieves an AED in response to a perceived sudden cardiac arrest emergency, any person who uses, attempts to use or fails to use an AED in response to a perceived sudden cardiac arrest emergency, any physician or other authorized person who issues a prescription for the purchase of an AED, any person or entity that is involved with the design, management or operation of an AED program, and any person or entity that provides instruction in the use of an AED are immune from civil liability for damages.

The Director of Maine Medical Emergency Services is required to establish and maintain a registry of publicly accessible AEDs located within the state of the purpose of assisting a person or first responder who calls for assistance in an emergency situation (Title 32, Section 88-C).

School boards may place AEDs in occupied school buildings and at athletic events and school personnel and members of the public may receive training on how to perform CPR and use of an AED (Title 20-A, section 6304).

Title 22, Section 2150-C, Title 32, Section 88-C, and Title 20-A, Section 6304 can be viewed online at:

Title 22, §2150-C: Automated external defibrillators; immunity from civil liability

Title 32, §88-C: Registry of automated external defibrillators

Title 20-A, §6304: Automated external defibrillators and cardiopulmonary resuscitation

The following website offers additional information regarding Maine AED Law:

AED Certification & Training in Maine | Red Cross

The Maryland Law is found at Title 7 of the Maryland Code under subtitle 4 (Health and Safety of Students) Sections 7-451 and 7-452 (applies to middle and high schools and to nonpublic middle and high schools receiving state funding respectively) of the Maryland educational law, and Title 13, subtitle 5 (Emergency Medical Services).

Section 7-451 requires each middle and high school to develop a venue specific emergency action plan for all athletic facilities, which shall include, but not be limited to, a cardiac emergency response plan, which shall ensure that an AED is provided on-site or located at or within a brief walk from an athletic practice field or event on school property, that it is freely accessible during all school functions and that all members of the coaching staff are trained in the operation and use of an AED, and a trained member of the coaching staff is present at all athletic practices and events on school property.  Required school personnel to have first-aid, CPR and AED use training in accordance with Section 7-425[1] including cardiac emergency response team members, athletic coaching and training staff, school nurses, and other individuals identified by the cardiac emergency response team.

In addition to any other immunities available under statutory or common law and under this subsection, an individual is not civilly liable for any act or omission, if acting in good faith while rendering AED assistance to a victim reasonably believed to be a victim of a sudden cardiac arrest, if the assistance is provided in a reasonably prudent manner, and the automated external defibrillation is provided without fee or compensation.  The immunities extended by Section 13-517 are not available if the conduct of a registered facility or individual amounts to gross negligence, willful or wanton misconduct or intentionally tortious conduct (Section 13-517(3) and (4))[2].

Sections 7-451, 7-452, 7-425, and 13-517 of the Maryland Code can be viewed online at:

Laws – Statute Text  (§7-451)

Laws – Statute Text  (§7-452)

Laws – Statute Text  (§7-425)

Laws – Statute Text  (§13-517)

Article – Courts and Judicial Proceedings, Section 5-603

The following websites offer additional information regarding Maryland AED Law

AED-Webpage_Print_View-20240513.pdf

AED Certification & Training in Maryland | Red Cross

[1] Section 7-425 “Automated External Defibrillator Programs requires that each county board of education develop and implement an AED program that meets the requirements of §13-517 “Automated External Defibrillator Program,” which sets forth certification requirements for a certified “Registered Facility”.

[2] Section 5-603 of the Maryland Courts and Judicial Proceedings Code also afford immunity to a person providing assistance or medical care at the scene of an emergency not otherwise specified in the statute, if the aid or assistance is provided in a reasonably prudent manner, without fee or other compensation, and the individual relinquishes care of the victim when licensed or certified care becomes available.

The Massachusetts Law is found under Title XII (Education), Chapter 69 (Powers and Duties of Elementary and Secondary Education) Section 8A, Title XII (Education), Chapter 71 (Public Schools), Section 54C, and Title XVI (Public Health), Chapter 112 (Registration of Certain Professions and Occupations), Section 12V (Emergency Care – Exemption from Civil Liability).

Section 8A requires each school committee and commonwealth charter school board of trustees to ensure that every school under its jurisdiction have a written emergency response plan, which address both medical and mental crises to reduce the incidence of life-threatening emergencies and to promote appropriate responses.  Each plan shall include those items specifically set forth in the statute and a method for providing CPR, first aid, and AED use training to teachers, athletic coaches, trainers, and other school staff and to identify the location of any AED the school possess, whether its location is fixed or portable, and those personnel trained in its use.

Each school district, vocational district, charter school, approved private day or residential school shall provide and maintain at least one (1) AED onsite, have on staff a person who is AED provider[1] holding a current certification in a training course in CPR and AED use, and ensure that an AED provider is readily available at any school-sponsored athletic event.  An AED provider on staff by a school who in good faith attempts to render emergency care including CPR or defibrillation and does so without compensation shall not be liable for acts or omissions other than gross negligence or willful or wanton misconduct resulting from the attempt to render emergency care (Section 54C).

Section 12V provides that any person, who, in good faith, attempts to render emergency care including, but not limited to, cardiopulmonary resuscitation or defibrillation, and does so without compensation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care.

Sections Section 8A, 54C, 12V, & 12V1/2 of the Annotated Laws of Massachusetts can be viewed online at:

General Law – Part I, Title XII, Chapter 69, Section 8A

General Law – Part I, Title XII, Chapter 71, Section 54C

General Law – Part I, Title XVI, Chapter 112, Section 12V

General Law – Part I, Title XVI, Chapter 112, Section 12V1/2

The following websites offer additional information regarding Massachusetts AED Law:

aed-guidelines.docx

Red Cross Training & Classes in Massachusetts | Red Cross

[1] See §12V1/2 (Automatic External Defibrillation) “AED Provider” means a person (i) who has successfully completed a course in cardiopulmonary resuscitation and in the use of an AED that meets or exceeds the standards established by the American Heart Association or the American National Red Cross and (ii) whose evidence of successful course completion has not expired.

The Michigan Legislature enacted H.B.5527 Section 29.19b, which requires that beginning with the 2025-2026 school year the governing body of public and nonpublic schools develop a cardiac emergency response plan to address the use of school personnel to respond to a sudden cardiac arrest or other similar life-threatening emergency on the school’s campus during school hours or a school-sponsored event.  If the school has an athletic department or organized athletic program, the plan must include implementation at school-sponsored athletic events that meets the requirements set forth in the statute including, but not limited to, the placement of AEDs in accessible locations throughout the school’s campus that are easily retrievable and as funding may allow to make the best effort possible to ensure that AEDs are accessible within one (1) to three (3) minutes of a cardiac emergency.  School personnel who are included in the cardiac emergency response plan must be trained in CPR, First Aid, and AED use.

Section 380.1319 requires that beginning with the 2025-2026 school year an individual shall not be permitted to serve as a high school athletic coach unless that person maintains an appropriate certification in CPR and AED use.  Both Section 29.19b and 380.1319 provide for immunity for public and nonpublic personnel included in the cardiac emergency response plan and coaches who administer CPR or AED use from civil liability for any act or omission except if the act or omission constitutes gross negligence or willful or wanton misconduct.

A person having no duty to do so, who in good faith voluntarily renders cardiopulmonary resuscitation to another individual, is not liable in a civil action for damages resulting from an act or omission in rendering the cardiopulmonary resuscitation, except an act or omission that constitutes gross negligence or willful and wanton misconduct (Section 691.1504).

Sections 29.19b, 380.1319, and 691.1504 of the Michigan Compiled Laws can be viewed online at:

MCL – Section 29.19b.added – Michigan Legislature

MCL – Section 380.1319.added – Michigan Legislature

MCL – Section 691.1504 – Michigan Legislature

The following websites offer additional information regarding Michigan AED Law:

MI HEARTSafe School Program advocates for medical emergency preparation

CPR Classes, Training & Certification in Michigan | Red Cross

The Minnesota Law is found at Chapter 403, Section 403.51 and Chapter 604A (Civil Liability Limitations), Section 604A.01 (Good Samaritan Law).

Section 403.51 (Automatic External Defibrillation; Registration) requires a person who purchases a public access AED to register the device with AED Registry within 30 days.  “Public Access AED” is an AED intended for general public access and use in the vicinity or location of the device. “AED Registry” means a registry of AEDs that requires a maintenance program or package, and includes, but is not limited to: the Minnesota AED Registry, the National AED Registry, iRescU, or a manufacturer-specific program.  Information required for registering an AED includes the AED manufacturer, model and serial number, specific location where the AED is located, and the title, address, and telephone number of a person in management at the business or location where the AED is located. Public Access AEDs are subject to inspection by a public safety agency with jurisdiction, the AED must be kept in its specified location and must be reasonably maintained.   Private User AED and Mobile AED are encouraged, but not subject to Public Access AED requirements.

A person who, without compensation or the expectation of compensation, renders emergency care, advice, or assistance at the scene of an emergency or during transit to a location where professional medical care can be rendered, is not liable for any civil damages as a result of acts or omissions by that person in rendering the emergency care, advice, or assistance, unless the person acts in a willful and wanton or reckless manner in providing the care, advice, or assistance, which includes providing emergency care by using or providing an AED, unless the person to whom the care is being rendered objects, or the person rendering the care is in the course of regular employment and expects to receive compensation (§604A.01).

Sections 403.51 and 604A.01 of the Minnesota Annotated Statutes can be viewed online at:

Sec. 403.51 MN Statutes

Sec. 604A.01 MN Statutes

The following websites offer additional information regarding Minnesota AED Law:

Welcome – Minnesota AED Registry

AED Certification & Training in Minnesota | Red Cross

The Mississippi Law is found under Section 37-11-87 (Title 37 Education), Section 41-60-33 (Title 41 Public Health), and Section 73-26-37 (Title 71 Profession and Vocations).

Each public school is required to develop a cardiac emergency response plan subject to the provisions of Section 37-11-87, which requires appropriate school staff to be trained in CPR, first-aid, and AED use, including, but not limited to licensed coaches and athletic trainers.

Section 41-60-33 sets forth the requirements and training for use of an AED; however, Section 73-25-37 provides that a person who has not complied with the provisions of Section 41-60-31 through  441-60-35 who has access to an AED and uses it in good faith in an emergency as an ordinary prudent person shall be immune from civil liability resulting from the operation of an AED or the failure to operate it unless the person’s act or failure to act arises to willful or wanton misconduct or gross negligence.

Sections 37-11-87, 41-60-33, and 73-25-37 of the Mississippi Code Annotated can be viewed online at:

Section 37-11-87 – Cardiac emergency response plan for public schools; development of plan; plan to integrate certain guidelines; training of staff, Miss. Code § 37-11-87 | Casetext Search + Citator

Section 41-60-33 – Requirements and training for use of automated external defibrillator, Miss. Code § 41-60-33 | Casetext Search + Citator

Section 73-25-37 – Liability of physician, dentist, nurse, emergency medical technician, etc., for rendering emergency care; immunity from civil liability for good faith use of automated external defibrillator by person untrained in its use; immunity from civil liability for good faith use of auto-injectable epinephrine by trained school personnel, Miss. Code § 73-25-37 | Casetext Search + Citator

The following website offers additional information regarding Mississippi AED Law:

CPR Classes & Certification in Mississippi | Red Cross

The Missouri Law is found under Title 12 (Public Health and Welfare), Section 190.092 and Section 190.1005.

Section 190.092 “Public Access to Automated External Defibrillator Act” sets forth the requirements for a person or entity acquiring an AED.  This statute further provides immunity from civil and criminal liability for any person who gratuitously and in good faith renders emergency care by use of an AED unless that person acts in a willful, wanton, or reckless manner in providing care, advice, or assistance.  The same immunities apply to a person or entity who provides training to an AED user and the person or entity responsible for the site where the AED is located.

Any training in CPR shall also include instruction on the proper use of an AED in accordance with standards established by a nationally recognized organization (§190.1005).

Sections 190.092 and 190.1005 of the Missouri Annotated Statutes can be viewed online at:

Missouri Revisor of Statutes – Revised Statutes of Missouri, RSMo Section 190.092

Missouri Revisor of Statutes – Revised Statutes of Missouri, RSMo Section 190.1005

The following website offers additional information regarding Missouri AED Law:

CPR Classes & Certification in Missouri | Red Cross

The Montana law regarding AED use is found under Title 50 (Health and Safety), Chapter 6 (Emergency Medical Services), Part 5 (Automated External Defibrillator Programs). Section 50-6-502 of the Montana Code Annotated requires that an entity establish a written plan for the use of an AED in order for that entity to use or allow the use of an AED. Section 50-6-502 also requires individuals authorized to operate an AED to receive appropriate training in CPR and proper use of AEDs. This law also mandates that AEDs be maintained, tested, and operated according to its manufacturer’s guidelines; that emergency medical services are summoned each time an AED is used for an individual in cardiac arrest; that the entity’s written plan regarding the AED be provided to all emergency medical services providing service to the area where the AED is located; and that the entity comply with rules adopted by Montana’s Department of Public Health and Human Services.

The Montana Legislature only meets for a few months every other year. As a result, some Montana law is made via the administrative rulemaking process. Montana Administrative Rule 37.111.812, pertaining to school safety requirements, requires that AEDs shall be provided and stored in accessible locations that are easily identifiable to staff and trained personnel. Rule 37.104.606 requires that 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.

Section 50-6-505 of the Montana Code provides that any individual providing care by using an AED in compliance with 50-6-502 and its administrative rules is immune from civil liability for personal injuries resulting from that care or from civil liability as a result of any act or failure to act in providing/arranging further medical treatment for the individual requiring use of the AED unless the person acted with gross negligence or with willful or wanton disregard for the care of the person who required the AED.

The Montana Code Annotated is available online at:

https://archive.legmt.gov/bills/mca/title_0500/chapter_0060/part_0050/section_0020/0500-0060-0050-0020.html

https://archive.legmt.gov/bills/mca/title_0500/chapter_0060/part_0050/section_0010/0500-0060-0050-0010.html

Montana Administrative Rules are available online at:

https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/f507bf3a-896f-4490-bda0-ac3be27abd37

https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/083575ea-9635-48df-b353-b43eed762279

https://rules.mt.gov/browse/collections/aec52c46-128e-4279-9068-8af5d5432d74/policies/2cf88035-c6ce-4a13-b82a-45335aea7cc7

The following website offers additional information regarding Montana AED law:

https://www.mhsa.org/sportsmed

Nebraska law regarding AED use is found in Chapter 71 (Public Health and Welfare), Section 71-51,102 (Automated external defibrillator; use; conditions; liability). Subsection (3) of this statute requires any person acquiring an AED to notify local emergency medical services of the existence, location, and type of defibrillator, and of any change in the location of the AED.

Subsection (2) of this statute provides that any person delivering emergency care/treatment using an AED is not liable in any civil action for damages as a result of their actions arising out of and in the course of rendering such care/treatment in good faith. However, no immunity is granted if the person acts willfully, wantonly, or with gross negligence.

The Nebraska Revised Statutes are available online at:

https://nebraskalegislature.gov/laws/statutes.php?statute=71-51,102

Further information regarding Nebraska AED law can be found at:

https://nsaahome.org/sports-activities-medicine/

Nevada law regarding AED use is found in Chapter 450B (Emergency Medical Services). Under Nevada Revised Statute 450B.600, any school district located in a county with a population of at least one hundred thousand (100,000) shall have at least one AED placed in a central location at each high school within that district. It further requires that the University of Nevada place at least two (2) AEDs in central locations at the largest indoor sporting arena/events center controlled by the University in a county whose population is one hundred thousand (100,000) or more.

Under Nevada Revised Statute 450B.610, the Division of Public and Behavioral Health of the Department of Health and Human Services (the “Division”) must establish and maintain a database of the name and address of each person owning an AED for commercial use in Nevada. The database must include the specific location at which the AED is stored. The information in the database must be made available to every agency and facility that employs emergency medical dispatchers in Nevada.

Under Nevada Revised Statute 450B.620, school districts may, to the extent that funding is available, place an AED in each public school within the district and at each athletic facility maintained by that school district at a location that is separate from a public school. If a district places an AED, it must be appropriate for use on children and adults and be limited to use on school property and at school events. If a school district or health club provides an AED, it must ensure that the AED is inspected and maintained regularly, and it must require any employee who will use the AED to complete training requirements of a course in basic emergency care of a person in cardiac arrest that includes training in the operation and use of an AED.

Nevada Revised Statute 41.500 provides that any person rendering emergency care in an emergency, gratuitously and in good faith, is not liable for any civil damages resulting from the rendering of emergency care or from acting or failing to act in arranging for further medical treatment. This immunity is not provided if said person acts with gross negligence.

The Nevada Revised Statutes are available online at:

https://www.leg.state.nv.us/nrs/nrs-450b.html#NRS450BSec600

https://www.leg.state.nv.us/nrs/nrs-041.html#NRS041Sec500

New Hampshire law regarding AED use is found in Title XII (Public Safety and Welfare), Chapter 153-A (Emergency Medical and Trauma Services), Part Automated External Defibrillator. New Hampshire Revised Statute Section 153-A:30 states that every person, association, corporation, or other organization that acquires an AED shall require anticipated responders expected to use the AED to receive training in CPR and AED use. However, this Section 153-A:30 does not limit the use of an AED to anticipated responders.

Section 153-A:32 mandates that the Department of Safety shall establish a registry for all AEDs in New Hampshire which must include the address and precise location of all AEDs. Section 153-A:33 requires owners of an AED to register with the Department of Safety within thirty (30) days of acquiring the AED.

Title XV (Education), Chapter 200 (Health and Sanitation), Part School Health Services briefly discusses AEDs related to emergency plans for sports related injuries. Section 200:40-c states that schools must establish an emergency plan for responding to serious or potentially life-threatening sports related injuries. Such plans require local school boards to identify the location of any AED and personnel trained in the use of AEDs. If a school has an AED, that school must regularly check and maintain their AED(s) according to the manufacturer’s instructions and must have at least one of its AEDs in a readily accessible, well-marked and safe place, and AEDs cannot be locked in an office or be stored somewhere not easily and quickly accessible.

Section 153-A:31 provides that any person who, in good faith and without compensation, provides emergency care by using an AED is not liable for civil damages for their actions unless they acted with gross negligence, willfully, or wantonly. It further provides that any person, association, corporation or other organization acquiring and maintaining an AED for emergency care is not liable for civil damages unless they acted with gross negligence, willfully, or wantonly.

The New Hampshire Revised Statutes are available online at:

https://www.gencourt.state.nh.us/rsa/html/XII/153-A/153-A-30.htm

https://www.gencourt.state.nh.us/rsa/html/XII/153-A/153-A-32.htm

https://www.gencourt.state.nh.us/rsa/html/XII/153-A/153-A-33.htm

https://www.gencourt.state.nh.us/rsa/html/XV/200/200-40-c.htm

https://www.gencourt.state.nh.us/rsa/html/XII/153-A/153-A-31.htm

The following website offers additional information regarding New Hampshire AED law:

https://www.nh.gov/safety/divisions/fstems/ems/defibrillators/aed_faq.html

Under Title 18A (Education), Section 18A:40-41a (“Janet’s Law”), all schools are required to have an AED made available in an unlocked location on school property with an identifying sign. The AED must be within reasonable proximity to school athletic fields. Janet’s Law further requires every school to have a team coach, licensed athletic trainer, or other designated staff member present for athletic events or team practices who is trained in the use of an AED.

Under Title 2A (Administration of Civil and Criminal Justice), Section 2A:62A-25, any person/entity that acquires an AED must ensure that any person who is anticipated to be in a position to provide emergency care with an AED shall have completed and hold a certification in the use of an AED. The person/entity who acquires an AED is not liable for the actions of any lay person who uses the AED in providing emergency care. The acquiring person/entity is also required to maintain and test the AED according to its manufacturer’s guidelines and notify the appropriate emergency medical services provider that they have acquired an AED and where it is located.

Section 2A:62A-27 provides immunity from civil liability for any personal injury to any person who, in good faith, acquires or provides an AED, renders emergency care/treatment with an AED, assists in or supervises emergency care/treatment with an AED, or attempts to use an AED with the purpose of rendering emergency care/treatment. It further provides immunity to a person/entity providing or maintaining an AED when a lay person uses said AED in rendering emergency care. Immunity does not exist for any act of gross negligence or willful or wanton misconduct. It is not considered grossly negligent, willful, or wanton to fail to use an AED in the absence of a preexisting duty to do so.

The New Jersey Statutes are available online at:

https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes%2F1%2F15800%2F18006

https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes%2F1%2F112%2F1911

https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes%2F1%2F112%2F1913

The following websites offer additional information regarding New Jersey AED laws:

https://www.nj.gov/education/safety/health/docs/JanetsLawFAQ.pdf

New Mexico law regarding AEDs is found in Chapter 24 (Health and Safety), Article 10C (Cardiac Arrest Response), and is named the “Cardiac Arrest Response Act.” Section 24-10C-5 gives a person authority to acquire an AED only if that person has met all the requirements imposed by Section 24-10C-4.

Section 24-10C-4 states that any person acquiring an AED shall ensure that a trained targeted responder (a person trained in the use of an AED under emergency cardiac care guidelines) be designated to oversee training, emergency medical services coordination, protocol approval, and AED deployment strategies. Further, the trained targeted responder must receive appropriate training in the use of an AED from a course approved by the Department of Health. This law also requires any person rendering emergency care/treatment with an AED to a person in cardiac arrest to alert the emergency medical system and report any clinical use of the AED to the targeted responder. The AED must also be registered with the Department of Health and local emergency medical services, and local 911 agencies must be notified of the AED program.

Further, New Mexico Administrative Code Section 6.63.8.8 requires all persons who perform athletic coaching in grades seven (7) through twelve (12) at a public school to maintain current certification in CPR, including training in the use of an AED. Schools are required to verify that their coaches maintain these certifications and training.

Section 24-10C-7 provides that Good Samaritans rendering emergency care/treatment with an AED are not subject to civil liability so long as they act without willful, wanton or reckless behavior that is the cause of injury or death.

The New Mexico statutes are available online at:

https://nmonesource.com/nmos/nmsa-unanno/en/item/18524/index.do#!fragment/zoupio-_Toc170720401/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zgEYB2ABi4CYeAFh4cAlABpk2UoQgBFRIVwBPaAHJ1EiITC4Ei5Ws3bd+kAGU8pAEJqASgFEAMo4BqAQQByAYUcTSMAAjaFJ2MTEgA

The New Mexico Administrative Code is available online at:

https://www.srca.nm.gov/parts/title06/06.063.0008.html#:~:text=8.8%20REQUIREMENTS%3A%20All%20persons%20who,of%20an%20automated%20external%20defibrillator

New York law regarding AEDs in youth sports can be found in Chapter 45 (Public Health), Article 30 (Emergency Medical Services), Section 3000-F (Automated external defibrillator; camps and youth sports programs). This law defines “youth sports program” as “any league or recreation program organized to provide group athletic activity to individuals under seventeen years old or programs providing athletic activity for high school students regardless of the age of the participants of such programs.” This law requires each youth sports program hosting or participating in games, tournaments, leagues, or other similar activities with at least five (5) participating teams to make available an AED or describe reasonable access to an AED at every game and practice and to use its best efforts to ensure at least one employee, volunteer, coach, umpire, or other qualified adult present at each game and practice has successfully been trained in the use of an AED within the previous two (2) years. Each youth sports program is required to maintain records that it possesses at least one AED.

Further New York law can be found in Chapter 16 (Education), Article 19 (Medical and Health Service), Section 917 (On-site cardiac automated external defibrillator). This law requires school districts to provide and maintain AED equipment in each instructional school facility. It further mandates that when public school facilities are used for school sponsored or school approved curricular or extracurricular events or activities and whenever a school-sponsored athletic contest is held at any location, the officials and administrators responsible for such facility or athletic contest shall ensure at least one staff person who is trained in the operation and use of an AED is present. And if a school-sponsored competitive athletic event is held anywhere but a public-school facility, school officials shall ensure that an AED is provided on-site.

New York law, under Chapter 45, Article 30, Section 3000-A (Emergency medical treatment), provides for limitations on liability for Good Samaritan users of an AED. Any person who voluntarily and gratuitously renders emergency treatment at any place having proper and necessary medical equipment to a person who is unconscious shall not be liable for damages or for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have been caused by the rendering of emergency treatment. This limitation does not apply when the person rendering treatment acts with gross negligence. Under Section 3000-B (Automated external defibrillators: Public access providers), the operation of an AED is considered emergency treatment for purposes of any statute relating to liability.

The New York statutes are available online at:

https://www.nysenate.gov/legislation/laws/PBH/3000-F

https://www.nysenate.gov/legislation/laws/EDN/917

https://www.nysenate.gov/legislation/laws/PBH/3000-A

https://www.nysenate.gov/legislation/laws/PBH/3000-B

North Carolina law, under Section 90-21.15, provides for immunity from civil liability arising from the use of an AED when used to attempt to save or to save a life to the following persons: (i) the person providing AED training to a person using the AED; (ii) the person responsible for the site where the AED is located when that person has provided for a program of training; and (iii) a North Carolina licensed physician writing a prescription without compensation for an AED whether or not required by any federal or state law.

Section 90-21.14 (First aid or emergency treatment; liability limitation), also provides for immunity against damages to any person, who voluntarily and without expectation of compensation, renders emergency care to a person who is unconscious, ill or injured. For the immunity to apply, (i) the reasonably apparent circumstances require prompt decisions and actions, and (ii) the necessity of immediate health care is so reasonably apparent that any delay would seriously worsen the physical condition or endanger the life of the person. However, this immunity does not cover acts of gross negligence, wanton conduct or intentional wrongdoing.

However, neither of these laws require the purchase, placement, or use of an AED by any person, entity, or agency of North Carolina, county, or local government.

The North Carolina statutes are available at:

https://www.ncleg.gov/enactedlegislation/statutes/pdf/bysection/chapter_90/gs_90-21.15.pdf

https://www.ncleg.gov/enactedlegislation/statutes/pdf/bysection/chapter_90/gs_90-21.14.pdf

The following website offers more information regarding North Carolina AED requirements:

https://www.nchsaa.org/health-and-safety-physicials/

Under North Dakota’s Good Samaritan Act, found at North Dakota Century Code Section 32-03.1-02.3, an individual who, in good faith and without compensation, provides training to use an AED, provides emergency care by using an AED, or provides emergency treatment by using an AED is immune from civil liability for any personal injury resulting from the training, care or treatment. However, the individual must be acting as an ordinary, reasonable, prudent person would act under the same circumstances. There is no immunity arising from the use of an AED if the individual acts with gross negligence or with willful or wanton misconduct.

The North Dakota statutes are available at:

https://ndlegis.gov/cencode/t32c03-1.pdf

The following website offers more information regarding North Dakota AED requirements:

https://ndhsaa.com/administrators-coaches/coaches-education

Ohio Law, under Section 3701.85, requires a person possessing an AED to (i) encourage expected users to complete a course in automated external defibrillation and (ii) maintain and test their AED. This law only recommends, not mandates, that a person possessing an AED notify emergency medical services of the AED’s location. Section 3701.85 further permits any person to perform defibrillation as it does not require training in defibrillation. However, this law does mandate that a person using an AED make a good faith effort to alert emergency medical services as soon as possible.

Section 3313.717 of the Revised Code of Ohio requires that an AED be placed in each school and that persons employed by a school district (including but not limited to coaches, athletic trainers, or any other person supervising interscholastic athletics) receive training in the use of AEDs. This law further requires school district boards to adopt emergency action plans for the use of its AEDs.

Section 755.13 requires the controlling authority of each sport and recreation location to place an AED in each sport and recreation location under that authority’s control and to adopt an emergency action plan for the use of said AED. The bill defines a “sports and recreation location” as “indoor recreation centers and facilities, gymnasiums, swimming pools, and playing fields that are designated, operated, and maintained for those uses.” The law further mandates that a sufficient number of the staff at each sport and recreation location successfully complete training in the use of an AED. However, it exempts from its requirements any township or village where the population is less than five thousand (5,000).

Under Section 3707.58 of the Revised Code of Ohio, no person may coach an athletic activity organized by a youth sports organization unless that person has completed, on an annual basis, sudden cardiac arrest training. Section 3707.51 defines “youth sports organization” as “a public or nonpublic entity that organizes an athletic activity in which the athletes are not more than nineteen years of age and are required to pay a fee to participate in the athletic activity or whose cost to participate is sponsored by a business or nonprofit organization.”

Ohio Law, under Section 2305.235, provides immunity against civil damages and criminal prosecution to persons performing automated external defibrillation in good faith. However, this immunity does not apply to persons acting with willful or wanton misconduct or to persons not making a good faith effort to alert emergency medical services.

The Ohio statutes are available at:

https://codes.ohio.gov/ohio-revised-code/section-3701.85

https://codes.ohio.gov/ohio-revised-code/section-2305.235

https://codes.ohio.gov/ohio-revised-code/section-3313.717

https://codes.ohio.gov/ohio-revised-code/section-3313.6023

https://codes.ohio.gov/ohio-revised-code/section-755.13

https://codes.ohio.gov/ohio-revised-code/section-3707.58

https://codes.ohio.gov/ohio-revised-code/section-3707.51

Section 76-5A of the Oklahoma Statutes requires an entity or individual owning, leasing, possessing, or controlling an AED to communicate to the proper first responder the locations and placements of the AED owned, leased, possessed, or controlled.

Pursuant to Section 70-1210.200 of the Oklahoma Statutes, the “Zachary Eckles and Luke Davis Automated External Defibrillators in Schools Act,” each school district must make AEDs available at each school site in its district. Each school district is permitted, but not required, to also make AEDs available at each high school athletic practice or competition in the district.

Oklahoma Statutes Section 70-27-104, the “Riley Boatwright Act,” requires school district boards to coordinate with emergency medical services providers to develop a plan for the provision of emergency medical services at athletic events or activities held at school district facilities.

Section 70-24-156, the “Chase Morris Sudden Cardiac Arrest Prevention Act,” requires coaches of any sport sanctioned and offered in grades seven (7) through twelve (12) by a school district to complete sudden cardiac arrest training annually. This Act further encourages the sponsors of youth athletic activities not associated with a school to complete this training as well.

Section 76-5A further provides that any person rendering emergency care/treatment, outside of a medical facility, with an AED is immune from civil liability for personal injury resulting from the use of the AED. For the immunity to be applicable, the person rendering emergency care/treatment must be acting in good faith and without expectation of compensation. Further, no immunity is provided for acts of gross negligence or willful or wanton misconduct.

The Oklahoma Statutes are available at:

https://oksenate.gov/sites/default/files/2019-12/os76.pdf (pages 11-12)

https://oksenate.gov/sites/default/files/2019-12/os70.pdf (page 808-09, 994)

https://oklahoma.gov/content/dam/ok/en/health/health2/documents/sb1198-enr.pdf

Section 339.345 of the Oregon Revised Statutes requires each school campus in a school district, private school campus, and public charter school campus to have at least one (1) AED on its premises. Pursuant to Section 431A.455, public universities in Oregon must have at least one (1) AED on its campus.

The Oregon Revised Statutes, Section 30.802, provides liability against damages for injury, death, or loss that results from the use, attempted use, or nonuse of an AED to persons using or attempting to use an AED. This immunity does not apply if the person acted with gross negligence or with reckless, wanton or intentional misconduct or if the person was at a location where emergency medical care is regularly available.

The Oregon Revised Statutes are available at:

https://www.oregonlegislature.gov/bills_laws/ors/ors339.html

https://www.oregonlegislature.gov/bills_laws/ors/ors431a.html

https://www.oregonlegislature.gov/bills_laws/ors/ors030.html

Section 8331.2 of Title 42 (Judiciary and Judicial Procedure) requires any person acquiring and maintaining an AED to ensure that its expected users receive training in the use of the AED. They are also required to maintain and test the AED according to operational guidelines and to instruct the user of the AED to immediately contact and activate emergency medical services.

Section 8331.2 also provides immunity from civil liability to any person who in good faith acquires, maintains or uses an AED in an emergency for any acts or omissions arising out of use of an AED. No immunity is provided if the acts or omissions were intentionally designed to harm or were done with gross negligence.

Title 24 (Education), Section 1423 requires school entities to submit annual reports to the Department of Education detailing the number, condition, age and placement of any AEDs in each of its school buildings.

The Pennsylvania laws can be found at:

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=00.&chpt=083.&sctn=031.&subsctn=002.

https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1949&sessInd=0&smthLwInd=0&act=14&chpt=14&sctn=23&subsctn=0

More information regarding Pennsylvania AED regulations can be found at:

http://www.piaa.org/news/details.aspx?ID=3632

Title 16 (Education), Chapter 21, Section 16-21-33.1 of the Rhode Island General Laws requires all high schools and middle schools to provide and maintain, on-site, functional AEDs. This section further mandates that whenever school facilities are used for school-sponsored or school-approved curricular or extracurricular activities, and whenever a school-sponsored athletic contest is held at any location, school officials and administrators responsible for the facility or athletic contest shall ensure that at least one (1) person properly trained in the operation and use of an AED is present.

Rhode Island General Law Section 23-6.5-2 requires any person owning or operating a public place to provide and maintain, on-site, functional AEDs. This section further mandates that the public place provide at least one (1) person properly trained in the operation and use of an AED. Section 23-6.5-4 defines a “public place” as “an enclosed area capable of holding three hundred (300) people or more and to which the public is invited or in which the public is permitted, including, but not limited to … educational facilities … sports arenas …”

Title 9, Chapter 1, Section 9-1-34 provides immunity from civil damages to any person who gratuitously renders emergency assistance with an AED. However, this immunity only applies to persons trained in accordance with standards promulgated by either the American Heart Association or the American National Red Cross (i.e., those without training in the use of an AED are not provided immunity) and does not apply to acts of gross negligence or willful or wanton conduct.

The Rhode Island General Laws can be found online at:

https://webserver.rilegislature.gov/Statutes/TITLE16/16-21/16-21-33.1.htm

https://webserver.rilegislature.gov/Statutes/TITLE23/23-6.5/23-6.5-2.htm

https://webserver.rilegislature.gov/Statutes/TITLE23/23-6.5/23-6.5-4.htm

https://webserver.rilegislature.gov/Statutes/TITLE9/9-1/9-1-34.htm

South Carolina law regarding AEDs can be found at Title 44 (Health), Chapter 76 (Automated External Defibrillators). Section 44-76-30 mandates that a person or entity acquiring an AED shall require designated users to have current training in AED use. The acquiring person or entity must also maintain and test the AED according to operational guidelines, employ or obtain a health care professional to serve as an AED liaison, and have an AED program approved by its AED liaison. The AED program must require that a person rendering emergency care/treatment to a person in cardiac arrest by using an AED to activate emergency medical services.

AED laws can also be found at Title 59 (Education), Chapter 17 (School Districts). Section 59-17-155 requires all school districts to establish an AED program. As part of the program, each school must have an operational AED within its grounds and all persons reasonably expected to use the AED must have appropriate training.

Section 44-76-40 provides immunity from civil liability for the use of an AED to any person or entity acting in good faith and gratuitously unless that person or entity acted with gross negligence.

The South Carolina Code of Laws can be found online at:

https://www.scstatehouse.gov/code/t44c076.php

https://www.scstatehouse.gov/code/t59c017.php (scroll down to Section 155)

More information regarding South Carolina AED regulations can be found at:

https://schsl.org/archives/11544

South Dakota law, Section 20-9-4.4, provides civil immunity arising from any injury as a result of emergency care/treatment to any person, who in good faith, obtains, uses, attempts to use, or chooses not to use an AED in providing said emergency care/treatment. Under Section 20-9-4.8, the aforementioned immunity is inapplicable if the injury results from gross negligence or willful or wanton misconduct. And under Section 20-9-4.9, the aforementioned immunity is inapplicable if the AED used in providing emergency care/treatment was purchased over the counter without a prescription. However, the immunity is applicable to any person who obtains or utilizes an over-the-counter AED in good faith for use in providing emergency care/treatment.

The Codified Laws of South Dakota can be found online at:

https://sdlegislature.gov/Statutes/20-9-4.4

https://sdlegislature.gov/Statutes/20-9-4.8

https://sdlegislature.gov/Statutes/20-9-4.9

More information regarding South Dakota AED regulations can be found at:

https://www.sdhsaa.com/pre-contest-medical-timeout/

Tennessee law regarding AEDs can be found in Title 68 (Health, Safety and Environmental Protection), Chapter 140 (Emergency Services). Section 68-140-403 of the Tennessee Code requires a person or entity acquiring an AED to ensure that its expected users receive training in the use of the AED from the American Heart Association or an equivalent course. The acquiring person/entity is also required to maintain and test the AED according to operational guidelines and is required to register the existence and location of the AED with the emergency communications district or the ambulance dispatch center of the primary provider of the emergency medical services where the AED is to be located. This section also requires any person rendering care with an AED to activate emergency medical services as soon as possible.

Section 68-140-404 of the Tennessee Code applies to entities using or allowing the use of an AED.  In order for an entity to use or allow the use of an AED, said entity must establish a written plan for the use of its AED which specifies, among other things, where the AED will be placed, who is authorized to operate the AED, and a plan of action for proper usage of the AED. This section also requires the entity to ensure expected users of the AED to receive appropriate training in the proper use of the AED. Also, before an entity may use or allow the use of its AED, it must provide to the emergency communications district or the primary provider of emergency medical services where the AED is located a copy of its written plan and written notice that it has established an AED program. The entity must also maintain, test, and operate the AED according to the manufacturer’s guidelines and maintain written records of such and must summon emergency medical services to provide assistance each time the AED is used.

Chapter 6 (Sudden Cardiac Arrest Prevention Act) of Title 68 also discusses AEDs. Section 68-6-103 requires all coaches of school youth athletics to annually complete training in the use of an AED. Section 68-6-105 requires the governing authority of public and nonpublic high schools to maintain an AED that is accessible during all school youth athletic activities in which students in grades nine (9) through twelve (12) are participating. Said AED must be located on-site of the school youth athletic activity or in an unlocked location on school property.

Title 49 (Education) of the Tennessee Code, at Section 49-2-122, mandates that all public schools must have at least one (1) AED placed within the school. Such AEDs must be placed in locations that are accessible in emergency situations and may include those areas used for physical education or activity.

In Title 63 (Professions of the Healing Arts), Section 63-6-218, Tennessee law provides civil immunity to any person rendering emergency public first aid, including the use of an AED, in good faith for damages resulting from the rendering of the emergency care. However, this civil immunity is not applicable in cases of gross negligence. Section 68-140-406 of the Tennessee Code also provides entities immunity from civil liability for any personal injury arising from an act or omission related to the use or maintenance of an AED unless the entity acts grossly negligent or with willful or wanton misconduct.

The Tennessee Code can be found online at:

Tennessee Code Unannotated – Free Public Access | Main Page  (click on view Tennessee Code and enter section number)

More information on Tennessee regulations regarding AEDs can be found at:

https://tssaa.org/health-safety-policies

Texas law regarding AEDs can be found in Title 9 (Safety), Subtitle B (Emergencies), Chapter 779 (Automated External Defibrillators) of the Health and Safety Code. Upon obtaining an AED, Section 779.005 requires the acquiring person or entity to notify their local emergency medical services provider of the existence, location, and type of AED. Section 779.003 requires a person or entity owning or leasing an AED to (i) maintain and test the AED according to the manufacturer’s guidelines and (ii) conduct monthly inspections to verify that the AED is placed at its designated location, appears ready for use, and does not appear damaged to the extent that could prevent operation. Section 779.004 requires a person or entity providing emergency care to a person in cardiac arrest by using an AED to promptly notify local emergency medical services.

Title 2 of the Texas Education Code also regulates AEDs. Section 22.902 mandates school districts to make available to district employees and volunteers’ instruction in the use of AEDs. This section further requires athletic coaches and students serving as athletic trainers to participate in the instruction in the use of AEDs.

Section 38.017 of the Education Code requires each school district to make available at each campus in the district at least one AED. The AED must be readily available during any University Interscholastic League athletic competition held on campus. To the extent practicable, each school district shall make reasonable efforts to have an AED available at each athletic practice. At each location where an AED is present, each school district shall ensure the presence of at least one campus or district employee trained in the proper use of AEDs at any time a substantial number of students are present. In addition, Section 38.018 mandates that each school district and private school shall develop safety procedures to follow in responding to a medical emergency, including the use of an AED.

Section 779.006 of the Health and Safety Code provides immunity against civil damages to any person or entity acquiring an AED and any person owning, occupying, managing, or being responsible for the designated location of the AED arising from the use or attempted use of or the failure to use the AED unless the person or entity acts willfully or wantonly negligent.

Title 4, Chapter 74, Subchapter A of the Civil Practice and Remedies Code, Section 74.151, provides that any person who in good faith administers emergency care using an AED is not liable in civil damages for any act performed during the emergency unless the act was willfully or wantonly negligent.

The Texas Health and Safety Code can be found online at:

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.779.htm

The Texas Education Code can be found online at:

https://statutes.capitol.texas.gov/docs/ED/htm/ED.22.htm

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm

The Texas Civil Practice and Remedies Code can be found online at:

https://statutes.capitol.texas.gov/docs/cp/htm/cp.74.htm

More information on Texas regulations regarding AEDs can be found at:

https://www.uiltexas.org/health/aed

Utah law regarding AEDs can be found in Title 53 (Public Safety Code), Chapter 2d (Emergency Medical Services Act) of the Utah Code. Section 53-2d-801 authorizes a person to use an AED without a license, certificate, or other authorization if the person reasonably believes that another individual is in sudden cardiac arrest. Under Section 53-2d-806, a person owning an AED must encourage likely users of the AED to complete a course on the use of the AED.

Section 53-2d-803 establishes reporting requirements related to the installation of AEDs. If a person installs an AED, causes an AED to be installed, or allows an AED to be installed, said person must report the exact location of the AED to the emergency medical dispatch center that provides services for the location where the AED is installed.

Section 53-2d-802 of the Utah Code provides for immunity from civil liability relating to preparing to care for, responding to care for, or providing care to another individual who reasonably appears to be in sudden cardiac arrest. Such immunity is granted to a person authorized to use an AED under Section 53-2d-801 who attempts to use or uses an AED gratuitously and in good faith but does not apply in cases of gross negligence or willful misconduct.

The Utah Code can be found online at:

https://le.utah.gov/xcode/Title53/Chapter2D/53-2d-S801.html?v=C53-2d-S801_2023050320240701

https://le.utah.gov/xcode/Title53/Chapter2D/53-2d-S802.html?v=C53-2d-S802_2023050320240701

https://le.utah.gov/xcode/Title53/Chapter2D/53-2d-S803.html?v=C53-2d-S803_2023050320240701

https://le.utah.gov/xcode/Title53/Chapter2D/53-2d-S806.html?v=C53-2d-S806_2023050320240701

More information on Utah regulations regarding AEDs can be found at:

https://uhsaa.org/sportsmedicine/UHSAA%20Sports%20Medicine%20Handbook.pdf

Vermont Law regarding AED use can be found at Title 18 (Health), Chapter 17 (Emergency Medical Services). Section 907 of Title 18 of the Vermont Statutes requires any person owning an AED to notify the Department of Health and that person’s regional ambulance service or first responder service of the existence, location, and type of device the person possesses. This section also requires any person owning an AED to maintain and test their AED according to its manufacturer’s standards.

Section 907 further provides that any lay person who acts in good faith and who renders emergency care by the use of an AED, acquires an AED, owns a premise on which an AED is located, or provides training in the use of an AED is not liable for civil damages arising from that lay person’s acts or omissions with respect to such use, ownership, or training in the operation of the AED. However, such immunity does not apply in cases of gross negligence or willful and wanton conduct.

The Vermont Statutes can be found online at:

https://legislature.vermont.gov/statutes/section/18/017/00907

Title 22.1 (Education), Chapter 14 (Pupils), Section 22.1-274.4 requires every local school board to place an AED in every public and secondary school in its local school division and to develop a plan for its care and use.

Title 8.01 (Civil Remedies and Procedure), Chapter 3 (Actions), Section 8.01-225 provides that any person who operates an AED at the scene of an emergency shall not be liable for acts or omissions resulting from the rendering of such treatment provided that said person acts as an ordinary, reasonably prudent person would have acted under the circumstances. Said immunity does not apply in cases of gross negligence or willful or wanton misconduct. However, if the person is an employee of a school board or of a local health department approved to provide health services and uses the AED on a sick/injured person while on school property or at a school-sponsored event, said person is only immune if their actions constituted ordinary negligence.

The Virginia Code can be found online at:

https://law.lis.virginia.gov/vacode/title22.1/chapter14/section22.1-274.4/

https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-225/

More information on Virginia AED guidelines can be found here:

https://www.vhsl.org/coach-education/

Washington law regarding AEDs can be found in Title 70 (Public Health and Safety), Chapter 54 (Miscellaneous Health and Safety Provisions). At Section 70.54.310 of the Revised Code of Washington, Washington regulates semiautomatic external defibrillators. This section requires a person or entity acquiring a defibrillator to ensure that its expected users receive reasonable instruction in its use by a Department of Health approved course and to maintain and test the defibrillator according to operational guidelines. The acquiring person or entity must also notify local emergency medical services about the existence and the location of the defibrillator. Further, users of the defibrillator must notify 911 or its local equivalent after the emergency use of the defibrillator.

Section 70.54.310 also states that any person using a defibrillator at the scene of an emergency is immune from civil liability for any personal injury resulting from any act or omission in the use of the defibrillator in that emergency setting. However, such immunity is not granted in cases of gross negligence or willful or wanton misconduct. Section 4.24.300 of the Revised Code of Washington also states that any person, who without compensation or the expectation of compensation, renders emergency care at the scene of an emergency shall not be liable for civil damages resulting from any act or omission in the rendering of such care. This immunity is not applicable in cases of gross negligence or willful or wanton misconduct. Further, this immunity is not granted towards those rendering emergency care in the course of regular employment.

The Revised Code of Washington can be found online at:

https://app.leg.wa.gov/RCW/default.aspx?cite=70.54.310

https://app.leg.wa.gov/rcW/default.aspx?cite=4.24.300

Chapter 18 (Education), Article 2 (State Board of Education) of the West Virginia Code requires an AED be placed at certain events. Section 18-2-25c, “The Alex Miller Law,” requires that an AED, as well as a posted emergency action plan, be present on school or event grounds during the duration of all athletic events and practices under the control, supervision, and regulation of the West Virginia Secondary School Activities Commission. This section also requires that appropriate school sports personnel be trained in the use of AEDs.  Section 18-5-22E requires coaches to complete, on an annual basis, sudden cardiac arrest training in a course approved by the Department of Education.

West Virginia law regarding AEDs can also be found in Chapter 16 (Public Health), Article 4D (Automated External Defibrillators) of the West Virginia Code. Section 16-4D-4 provides that a person is not liable for civil damages arising from any act or omission in rendering emergency medical care/treatment which involves the use of an AED. However, this immunity is only applicable if the user is an unanticipated operator of the AED and rendered the care/treatment gratuitously and in good faith or the user is an anticipated operator of the AED under an early defibrillation program and acts gratuitously and in good faith. An early defibrillation program must comply with the requirements set forth in Section 16-4D-3. The immunity set forth in Section 16-4D-4 does not apply in cases of gross negligence.

Section 16-4D-2 defines an early defibrillation program as one that provides “early public access to defibrillation for individuals experiencing sudden cardiac arrest through the use of an [AED].” Under Section 16-4D-3, entities providing such programs must register its program with the Office of Emergency Medical Services, thereby identifying the placement of any AEDs, the training of any anticipated operators, its preplanned coordination with EMS, the designation of a medical director, the maintenance of its AEDs, and any reports of AED uses. Expected users of the AED must be trained in its use. Further, any operator of the entity’s AED who renders emergency care or treatment must activate the EMS system as soon as possible.

The West Virginia Code can be found online at:

https://code.wvlegislature.gov/18-2-25C/

https://code.wvlegislature.gov/18-5-22E/

https://code.wvlegislature.gov/16-4D-2/

https://code.wvlegislature.gov/16-4D-3/

https://code.wvlegislature.gov/16-4D-4/

More information on West Virginia AED guidelines can be found here:

https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:6a945094-ff0d-4621-aaec-c919f8a30d5b?viewer%21megaVerb=group-discover

Wisconsin Statute Section 895.48 provides immunity from civil liability for the acts or omissions of a person in rendering, in good faith, emergency care by use of an AED to an individual who appears to be in cardiac arrest. This immunity is provided to the person rendering the care, the owner of the AED, the person providing the AED for use if they ensure the AED is maintained and tested in accordance with operational guidelines, and any person providing training in the use of an AED to the person rendering the emergency care. This immunity is not applicable in cases of gross negligence.

The Wisconsin Statutes are available online at:

https://docs.legis.wisconsin.gov/statutes/statutes/895/ii/48

More information on Wisconsin AED guidelines can be found here:

https://www.dhs.wisconsin.gov/ems/defibrillation.htm

https://www.wiaawi.org/Health/Emergency-Action-Plan

https://www.wiaawi.org/Schools/AED-CPR-First-Aid-Course-Offerings

Wyoming law regarding AEDs can be found in Title 35 (Public Health and Safety), Chapter 26 (Automated External Defibrillators). Section 35-26-102 of the Wyoming Statutes requires all persons possessing an AED to obtain appropriate training in the use of the AED and in CPR and to maintain such training every two (2) years. Those possessing an AED must also maintain and test their AED according to its manufacturer’s guidelines. Finally, any person or entity possessing an AED must notify an agent of the emergency communications center and the local ambulance service of the existence, location, and type of AED possessed.

Section 35-26-103 provides limited liability arising out of the use of an AED. Any person using or attempting to use an AED on a victim of a perceived medical emergency is immune from civil liability for any harm resulting from the use or attempted use of the AED. This immunity does not apply when the harm involved was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the safety of the victim who was harmed. This section also provides immunity from civil liability for any person responsible for the site where the AED is located provided that person complies with Section 35-26-102. However, the immunity granted to the person responsible for the site is not applicable in cases of gross negligence or willful or wanton misconduct.

The Wyoming Statutes can be found online at:

Wyo. Stat. § 35-26-102

Wyo. Stat. § 35-26-103

On December 23, 2024, President Biden signed the “Hearts Act of 2024” also known as the “Cardiomyopathy Health Education, Awareness, and Research and AED Training in the Schools Act”) into law (118 P.L).  Although this statute relates significantly to cardiomyopathy, it provides for the Secretary to award grants to eligible entities to promote student access to AED and CPR in public elementary and secondary schools and to provide CPR and AED training programs for students, school staff, and related sports volunteers, support for development of cardiac emergency response plans, and purchasing AEDs, necessary batteries, and performing necessary maintenance for an eligible entity receiving a grant.

The “Community Access to Emergency Defibrillation Act of 2002” is another federal law.  This law relates to Cardiac Arrest and provides for the awarding of grants to equip first responders and to purchase and place AEDs in public places where cardiac arrests are likely to occur, providing CPR and AED training to members of the public and to encourage private companies to train employees and purchase AEDs.  A State, political subdivision, Indian tribe, or tribal organization receiving a grant may use funds received to purchase AEDs and to provide AED and basic life support training among other uses for grant monies.

The Hearts Act of 2024 can be viewed online at:

Text – H.R.6829 – 118th Congress (2023-2024): HEARTS Act of 2024 | Congress.gov | Library of Congress

The Community Access to Emergency Defibrillation Act of 2002 can be view online at:

Text of S. 1275 (107th): Community Access to Emergency Defibrillation Act of 2002 (Passed the Senate version) – GovTrack.us

The following websites offer additional information regarding federal law and AEDs:

HEARTS Act signed into law to protect students from cardiac arrest

HEARTS (Health Education, Awareness, Research, and Training in Schools) Act Becomes Law – Requiring Schools to Train on AED’s – Policy & Medicine