Richard Lazar's Model AED Law - 05/28/2022 9:40 PM
MODEL AED LAW
An act to repeal [insert statutory references] and enact new provisions relating to the placement and use of automated external defibrillators (AEDs).
Section 1. Repeal and replacement of existing AED laws:
[Insert statutory references] are hereby repealed and replaced with the following:
Section 2: Definitions:
(a) "Automated external defibrillator" or "AED" means an automated external defibrillator approved for sale by the U.S. Food and Drug Administration.
(b) "Person" means an individual, corporation, partnership, limited liability company, association, trust, unincorporated organization, or other legal entity or organization, or a government or governmental body.
(c) "Public place" means an enclosed indoor or outdoor area capable of holding one hundred (100) or more people and to which the public is invited or in which the public is permitted but does not include a private residence.
Section 3. Good Samaritan legal protections:
(a) The following persons are not subject to civil liability for damages arising out of any acts or omissions relating to the placement and availability of automated external defibrillators absent gross negligence or willful or wanton misconduct:
(i) Any person that acquires an AED;
(ii) Any person that owns, operates, manages or is otherwise responsible for the location where an AED is placed;
(iii) Any person who retrieves or fails to retrieve an AED;
(iv) Any person who uses, attempts to use or fails to use an AED;
(v) Any person who was present at a location where an AED was used or not used;
(vi) Any physician or other authorized healthcare provider or person who issues a prescription for the purchase of an AED or provides medical oversight services to a location where an AED is placed;
(vii) Any person that is involved with or responsible for the design, management or operation of an AED program; and
(viii) Any person or entity that provides instruction in the use of an AED.
(b) The immunity described in paragraph (a) of this section applies regardless of where an AED is retrieved from or used.
Section 4: Automated external defibrillators required; persons authorized to retrieve and use automated external defibrillators:
(a) A person who owns, operates or manages a public place shall place functional AEDs in sufficient quantities to ensure reasonable availability for use during perceived sudden cardiac arrest emergencies.
(b) Any person is permitted to retrieve or use an AED.
About the Author
Richard A. Lazar is a leading national AED program design, operations, and compliance expert and President of Readiness Systems. Readiness Systems designed and offers AED Sentinel, the industry's first remote AED monitoring system built for every AED program; provides AED program compliance support; publishes national AED Program Design Guidelines that set the industry standards for AED programs; and manages the AED Law Center. Learn more at www.readisys.com.
An act to repeal [insert statutory references] and enact new provisions relating to the placement and use of automated external defibrillators (AEDs).
Section 1. Repeal and replacement of existing AED laws:
[Insert statutory references] are hereby repealed and replaced with the following:
Section 2: Definitions:
(a) "Automated external defibrillator" or "AED" means an automated external defibrillator approved for sale by the U.S. Food and Drug Administration.
(b) "Person" means an individual, corporation, partnership, limited liability company, association, trust, unincorporated organization, or other legal entity or organization, or a government or governmental body.
(c) "Public place" means an enclosed indoor or outdoor area capable of holding one hundred (100) or more people and to which the public is invited or in which the public is permitted but does not include a private residence.
Section 3. Good Samaritan legal protections:
(a) The following persons are not subject to civil liability for damages arising out of any acts or omissions relating to the placement and availability of automated external defibrillators absent gross negligence or willful or wanton misconduct:
(i) Any person that acquires an AED;
(ii) Any person that owns, operates, manages or is otherwise responsible for the location where an AED is placed;
(iii) Any person who retrieves or fails to retrieve an AED;
(iv) Any person who uses, attempts to use or fails to use an AED;
(v) Any person who was present at a location where an AED was used or not used;
(vi) Any physician or other authorized healthcare provider or person who issues a prescription for the purchase of an AED or provides medical oversight services to a location where an AED is placed;
(vii) Any person that is involved with or responsible for the design, management or operation of an AED program; and
(viii) Any person or entity that provides instruction in the use of an AED.
(b) The immunity described in paragraph (a) of this section applies regardless of where an AED is retrieved from or used.
Section 4: Automated external defibrillators required; persons authorized to retrieve and use automated external defibrillators:
(a) A person who owns, operates or manages a public place shall place functional AEDs in sufficient quantities to ensure reasonable availability for use during perceived sudden cardiac arrest emergencies.
(b) Any person is permitted to retrieve or use an AED.
About the Author
Richard A. Lazar is a leading national AED program design, operations, and compliance expert and President of Readiness Systems. Readiness Systems designed and offers AED Sentinel, the industry's first remote AED monitoring system built for every AED program; provides AED program compliance support; publishes national AED Program Design Guidelines that set the industry standards for AED programs; and manages the AED Law Center. Learn more at www.readisys.com.