NEW AED-RELATED LEGISLATION
In recent months, the Automated External Defibrillator (AED) industry has been affected by a number of legislative amendments, changes, and updates. Several new industries such as pharmacies, dental offices, and recreational areas have been mandated to deploy AEDs at their facilities while other states have elected to broaden Good Samaritan immunity protection for AED users, providers, trainers, and the physicians who oversee their programs. “States across the country are beginning to understand the importance of encouraging the deployment of AED units, early bystander intervention, and the dramatic increase in survival rates due to the timely utilization of AEDs. To advance such efforts, law-makers are broadening the scope of immunity protections. Such news is promising and seems to clearly indicate that legislatures are willing to expand immunity coverage in cases involving consumer protection and the voluntary deployment of AEDs. In addition to the obvious life saving benefits, these actions should be helpful in reducing litigation concerns still held by some risk managers,” states Bob Taggart, an EMT and attorney for Annuvia.
Below is a summary of recent Automated External Defibrillator (AED) legal action from across the country.
Effective January and July 2009
Mandates AEDs in all municipal buildings (including schools), health clubs, dining establishments (seating 125 or more) , lodging establishments (30 or more rooms) and retail establishments (occupancy of 250 persons) in sufficient numbers and locations so that an AED is accessible within one minute in the event of an emergency.
Passed legislature without opposition. Pending signature by Governor
House bill 1537 broadens Good Samaritan protection from civil liability to any person operating an AED in a good faith attempt to resuscitate a person in danger of loss of life. Persons providing AEDs are similarly protected.
Effective: July 1, 2009
An Illinois statute mandating Automated External Defibrillators (AEDs) in physical fitness facilities has been amended to include many outdoor as well as indoor facilities such as swimming pools and athletic fields. The new requirement affects many publicly owned facilities and public schools grades K through university level if the facility is “supervised by one or more persons other than maintenance or security personal employed…for the purpose of directly supervising the physical fitness activities taking place.”
Signed by the Governor and pending publication in Kansas Statute Book
SB 102 broadens the protection of the Good Samaritan law regarding utilization of an AED to any person using an automated external defibrillator in good faith to render emergency care or treatment. Previously, the protections extended only to a “trained qualified person”.
Signed by Governor 3/24/09
HB 383 requires high school coaches to be trained in cardiopulmonary resuscitation and in the use of AEDs and for AEDs to be on-site for every high school practice, athletic activity or sporting event.
Pending Governor’s Signature
S-2146 requires assisted living facilities to acquire at least one AED and to have employees trained to use the machine by March 2010.
Effective: March 2, 2009
Requires dental offices to have an AED on site and to provide Basic Life Support for Healthcare Provider training for all staff involved in direct patient care.