An Overview of State AED Laws and Recommendations

AED Legislation: What You Need to Know

In 2015, the CDC reported that 375,000 people in the US experienced an out-of-hospital cardiac arrest. The American Heart Association estimates that at least 20,000 lives could be saved annually by prompt use of AEDs. The AHA also notes that “communities with AED programs, which include comprehensive CPR and AED training, have achieved survival rates of 40% or higher for cardiac arrest victims.”

There Are No Federal Laws Regulating AED Placement

Although states recognize the critical role that AEDs play in saving lives, unfortunately, there is no national legislation requiring employers to provide an AED in the workplace. While OSHA acknowledges the importance of AEDs, no OSHA standards pertaining to AEDs in the workplace have been enacted. Furthermore, laws regarding AED placement vary widely from state to state. Even though there is no national placement standard, it is worth noting that AEDs are considered medical devices, and as such, the FDA oversees the manufacture and purchase of these life-saving devices.

The National Conference of State Legislatures writes, “While state laws vary, they generally address AED availability in public buildings, conditions of use, medical oversight, training requirements and post-event reporting. Some states require that schools be equipped with AEDs, while others mandate their availability at health clubs or other fitness facilities.”

AED Laws: What You Need to Do

In general, current state statutes and regulations define how to own, where to place, and how to use AEDs. Issues tackled by these laws include what individuals and organizations must do to administer and operate an AED program. Specifically, they address how to maintain AEDs, how to properly train key team members, what’s required regarding medical direction, and information about reporting agencies.

AED Legal Protections

Other laws have been enacted to protect organizations and individuals who are trying, to the best of their abilities, to help someone who is experiencing Sudden Cardiac Arrest (SCA). These kinds of laws are most commonly known as Good Samaritan Laws.

All 50 states and the District of Columbia now include AED usage as part of their Good Samaritan laws. These laws vary by state but generally protect a bystander from civil liability for voluntarily aiding someone who is injured or ill (National Conference of State Legislators).

Organizations That Must Have AEDs Onsite

Finally, many states have enacted laws requiring spaces such as schools, churches, state buildings, and health clubs  to install and maintain AEDs onsite. According to 2017 research from the Sudden Cardiac Arrest Foundation, state laws require:

AEDs in Schools

AEDs may be required in public schools in the following states:

  • Alabama
  • Arkansas
  • Connecticut
  • Florida
  • Georgia
  • Louisiana
  • Maryland
  • New Jersey
  • North Dakota
  • Nevada
  • New York
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Tennessee (pending)
  • Texas

AEDs are recommended in schools in the following states:

  • California
  • Colorado
  • Ohio
  • Tennessee
  • Washington

AEDs in State Buildings

AEDs are required in state buildings in the following states:

  • Arkansas
  • Arizona
  • California
  • North Carolina
  • Nevada
  • New York
  • Oregon
  • Rhode Island

AEDs are recommended in state buildings in the following states:

  • Florida
  • Kansas
  • New Jersey

AEDs in Sports Clubs, Gambling, Non-Health Facilities

AEDs are required in sports clubs, gambling and/or non-health facilities in the following states:

  • Arkansas
  • California
  • Iowa
  • Illinois
  • Indiana
  • Louisiana
  • Massachusetts
  • Maryland
  • Michigan
  • Mississippi
  • New Jersey
  • New York
  • Oregon
  • Pennsylvania
  • Rhode Island
  • District of Columbia

AEDs are recommended in sports clubs, gambling and/or non-health facilities in the following states:

  • North Carolina
  • Nevada

We understand that it can be difficult to stay abreast of the latest AEDs laws and regulations. One of the easiest and most reliable ways to ensure that your AED is in compliance and emergency ready is to invest in an AED compliance management system. Read our recent blog posts about AED compliance management or AED program management to learn more!

For more information about AED laws and Compliance Management, call the team at Cardio Partners and AED.com at 866-349-4362 or email us at customerservice@cardiopartners.com.

Please note: The information included in this post and on our website is not intended as legal advice. As legislation changes often, this post may inadvertently contain inaccurate or incomplete information. We urge you contact your state representative should you require more information about current AED laws in your state.

 

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