Encouraging community access and use Each year, more than 250,000 Americans die from sudden cardiac arrest. According to medical experts, the key to survival is timely initiation of a "chain of survival", including CPR (cardiopulmonary resuscitation). Because of recent technological advances a portable lifesaving device, called an "automated external defibrillator" or "AED" has recently become an important medical tool. Trained non-medical personnel can use these simplified electronic machines to treat a person in cardiac arrest. The AED device "guides the user through the process by audible or visual prompts without requiring any discretion or judgment." The American Heart Association notes that at least 20,000 lives could be saved annually by prompt use of AEDs. Ultimately, with broad deployment of AEDs among trained responders, as many as 50,000 deaths due to sudden cardiac arrest could be prevented each year. Advocates of this approach envision placement of AEDs in public buildings, transportation centers and even large offices and apartment buildings. State Legislators have become actively involved with this issue in the past six years. Most commonly, the recent state laws encourage broader availability, rather than creating new regulatory restrictions. Most of the bills enacted from 1997 to 2001 included one or more provisions to: Establish legislative intent that an "automatic external defibrillator may be used by any person for the purpose of saving the life of another person in cardiac arrest." Encourage or require training in the use of AED devices by potential users. Require AED devices to be maintained and tested to manufacturer's standards. Create a registry of the location of all such defibrillators, or notification of a local emergency medical authority. Allow a "Good Samaritan" exemption from liability for any individual who renders emergency treatment with a defibrillator. Authorize a state agency to establish more detailed requirements for training and registration. For a more detailed discussion of the medical and social implications of this issue see "Is It Time for Over-the-Counter Defibrillators?" by Mickey Eisenberg, M.D., and "The Shocking Truth about AEDs" by Jeremy Brown, M.D., both published in JAMA, September 20, 2000. The current price for an AED is approximately $3000. Definitions - cardiac arrest or heart attack? Sudden cardiac arrest occurs when the heart fibrillates - a chaotic, abnormal electrical activity of the heart -- which causes the heart to quiver in an uncontrollable fashion. The person loses consciousness very quickly and unless the condition is reversed, death follows in a matter of minutes. Heart attack, on the other hand, occurs when the blood supply to part of the heart muscle itself is severely reduced or stopped because of an obstruction in an artery. A heart attack can trigger sudden cardiac arrest, but they are not the same things. Mixing up the terms "heart attack" and "cardiac arrest" is quite common. In the media, reporters often misreport people dying from a "massive heart attack." Chances are, the reporter is actually referring to sudden cardiac arrest. Making the distinction is important because, while both heart attack and cardiac arrest are medical emergencies, a person suffering cardiac arrest literally has minutes to live and responding with an AED within those minutes will mean the difference between life and death for the victim. - Source: American Heart Association, 1999

State Laws on Heart Attacks, Cardiac Arrest & Defibrillators

Table of State Laws: Note that law citations in color are links directly to bill text or summaries on state legislative web sites.

Chart Codes:

A = allow lay persons to use AED L = provide limited immunity for trained lay persons under state Good Samaritan Law $ = funding & distribution

State	Law/Year/Sponsor	Codes	Comments
AL	S 5 + S 351	A / L	Use plus $3 million funding (Enacted 6/9/99)
AL	SB 373 (1998)	$	Appropriation: $3 million for purchase of AED
AL	H 325 0f 2001	$	Appropriates $300,000 for AEDs (Signed 5/7/01)
AL	HJR 504	$	Non-binding resolution requests that the Alabama Council of Emergency Medical Services and the Alabama Chapter of the American Heart Association contact the manufacturers of automated external defibrillators urging them to establish a registry of automated external defibrillators. (Signed 6/18/03)
AK	H 395 of 1998 Rep. Bunde S 160 of 2003 Sen. Olson	A / L L	(H 395 Signed 5/14/98) Expands protections for AED users from civil liability. A person who uses or attempts to use an AED device on a victim of a perceived medical emergency is not liable for civil damages resulting from the use or attempted use of the device. (signed 6/03)
AR	Act 101 of '99 HB 1006 (1999) Rep. Laverty	A / L	(Signed by Governor 2/18/99)
AZ	SB 1070 of 2002	$	Will require any state building constructed or renovated at a cost of at least $250,000 to be equipped with automated external defibrillators. Requires future budgets to include funding.
AZ	HB 2475 of 1999	A / L	(Signed by Governor 5/12/99 as Chapter 217 of 1999)
CA	Statute: Health & Safety Code 1797.190 SB 911 of 1999 AB 2041 of 2002	A L L	"Only those individuals who meet the training and competency standards established by the authority shall be approved for, and issued a prescription authorizing them to use AED." SB 911 - added exemption from liability. AB 2041 changes liability provisions.
CO	HB 1283 of 1999 by Rep. Spence	A / L	"Expected AED users receive training... through a course approved by the department of public health and environment" (signed 4/16/99)
CT	S 318 of 1998 Rep. Flaherty H 5650 of 2000	A / L A	User must be trained (signed 5/19/98) H 5650 allows paramedics to use AEDs (signed 5/3/2000)
CT	H 7505 of 2001 (in ? 37)	A	Trained emergency personnel "shall not be subject to additional requirements" (signed 7/2/01)
CT	H 5627 of 2003	A / $	Requires the Dept, of Public Health to develop strategies for training, and to availability and use for "cardiac arrest victims in public settings, including, but not limited to, state facilities, municipal facilities and mass public gatherings" with report due 1/1/04. (signed 5/23/03)
CT	H 5631 of 2004	A	Directs the state to (1) Identify placement and use of automatic external defibrillators within the emergency medical services system; (2) establish guidelines for providing emergency medical services during mass gathering;.
DE	H.332 of 1999 Rep. Ennis H.430 of 2000	A	Requires the Office of Emergency Medical Services to coordinate a statewide effort to promote and implement widespread use of semi-automatic external defibrillators (SAEDs) and to maintain a minimum number of individuals trained to use SAEDs.
DE	FY'02 Budget FY'03 Budget	$	The state allocated $752,000 for 2001 and $375,000 for 2002 to buy defibrillators at a cost of $2,500 to $3,500 each as part of the First State, First Shock! Public Access Defibrillation Program. For FY'03 an additional $141,400 has been allocated from tobacco settlement funds. Schools, businesses and other public places must apply to the state Emergency Medical Services office, which determines how many defibrillators are needed based on the number of athletic programs or people congregating at a particular location.
FL	H. 411 of 1997	A / L	Use by any person who has had appropriate training; must complete basic AED course; must activate emergency medical services system upon use. (Signed 4/97 as Ch 34 of 1997)
FL	H. 1429 of 2001 Rep. Byrd	L	Expands immunity from civil liability for any person who uses or attempts to use an AED on a victim of a "perceived medical emergency."
GA	S. 566 of 1998 Sen. Hill	A / L	Use by "any appropriately trained person"; owners must be subject to direct supervision of a physician. (Signed 4/6/98)
GA	S. 51 of 2001 Sen. Thomas	A / L	Updates standards for training and use; provides definitions for immunity from civil liability. (Signed 4/26/01)
HI	H.2598 of 1998 Rep. Kawakami	A / L	User who completes training by physician is immune from civil liability. (Signed 7/14/98)
IA	Reg.: Public Health 641-132.1(147A)	A / L	Public Health administrative regulation.
ID	S 1185 of 1999 Sen. Jack Riggs	A / L	Chapter 351 of 1999; effective 3/25/99
IL	Public Act 90-746 HB 1217 (1998) Public Act 91-524 SB 458 (1999). HB 43 (2003) HB 4232 of 2004	A / L $ $	SB 458 expands AED - (Signed 8/13/1999) Requires each fitness facility, including those in schools, to have on its premises at least one automated external defibrillator (AED) and a trained AED user (passed 6/25/03) H. 4232 requires every physical fitness facility to have at least one AED on premises, by mid-July 2006, with exceptions. Also requires a trained user on premises. (Signed as Public Act 93-910 8/12/04)
IN	S. 171 (1998) Sen. Adams	A / L	(IC 16-31-6.5) Owners shall ensure that "expected users" complete a training course.
KS	SB 535 (signed 5/98) Senator Steineger	A / L	(K.S.A. 1997 Supp. 65-6144, ?19) AED "may be used by any person who has ...obtained training and demonstrated proficiency in use..."
KY	HB49 (signed 2/2000) Rep. J. Coleman	A / L
LA	S 100 Senator Hines (Signed 7/2/99)	A / L	Law: R.S. 40:1236.11
ME	LD1432 Rep. Bumps	A	(Signed by Governor, 6/6/01)
MD	S. 294 Rep. Hollinger (enacted 4/27/99)	A / L	Adds MD Education Code ?13-517 - Requires facilities to have a certificate before making AEDs available; users should have training and authorization before use; requires reports and records.
MA	S 2164 (chapter 137) signed 1998 Sen. Morrissey Chapter 142 of 1999	A / L L	Any person trained in AED or basic cardiac life support is immune from civil liability 1999 law adds definition of AED Provider
MI	H.4420 Rep. Gerald Law (signed 11/15/99)	A / L	Extends MI ?691.1504, the Good Samaritan law on CPR, to include immunity for AED use. (Effective date 11/16/99.)
MN	S.2861 (1998, Chapter 329) S 3345 of 1998	A / L $	Non-professional user is exempt from civil liability. Appropriates $450,000 for distribution to law enforcement.
MS	H 954 (signed 3/30/99)	A / L	Appropriate training "required"; A Mississippi licensed physician must exercise medical control authority.
MO	HB 1668 Rep. Hosmer	A / L	Use by emergency personnel or any person who has completed a course certified by the American Red Cross or American Heart Association that includes CPR. (Signed 6/18/98)
MT	H 126 of 1999	A / L	(Enacted 4/19/99)
NE	L 498 of 1999 Sen. Wickersham	A / L	(Enacted 3/30/99)
NE	L 667 of 2003 Sen. Jensen	A	Requires owners of AEDs to notify the local emergency medical service of the existence, location, and type of the defibrillator unless the defibrillator was acquired for use in a private residence, a health care facility, or a health care practitioner facility. (Signed 5/13/03)
NH	S. 67 of 1999 S 386 of 2002	A / L A	S 386 establishes an AED registry and requires all commercial owners to register their devices with the department within 30 days of acquisition. Effective July 2002. (Signed 7/16/99)
NJ	Chapter 34 of 1999, was A 2321	A	A person shall not use a defibrillator unless trained. (signed 3/8/99)
NM	S. 1a of 2002 (became law by veto override 5/24/02)	$	Appropriates $100,000 for automatic external defibrillators in state buildings, from the tobacco settlement program fund.
NM	H. 375 (enacted 4/1/99)	A / L
NV	AB 147; Ch. 474,1997 AB 409,1999	A / L	(AB 409) Use is allowed by "any person who has successfully completed the training requirements." Encourages employers to hire a person trained in CPR and AED use. (enacted 5/20/99)
NY	A 8779 of 2002	$	Requirements for public school facilities with more than 1000 persons to provide and maintain on-site AED equipment. Also requires that all school sponsored activities have at least one AED trained staff person present.
NY	A 5084 of 2004	$	A 5084 requires health clubs with a membership of 500 or more to have at least one AED. (Signed 7/20/04 as Chapter 186)
NY	S 5477 of 1998 [Public Health, Art 30, sec 3000-a;-b] Sen. Goodman	A / L	Only a person who has completed training in CPR & AED operation may use. Authorizes possession & use after obtaining written agreement w/ emergency health care provider. (signed 8/5/98)
NC	S1269 Sen. Warren	A / L	Provides immunity for AED users, as well as trainers, owners and physicians who write prescription for AED purchase. (signed 7/14/2000, effective date 10/1/2000)
ND	H 1242 of 1999	A / L	Requires notification of Dept. of Health of location of AEDs. See agency description of Chapter 300 of 1999 (enacted 3/99)
OH	HB_717 of 1998 (signed 12/17/98)	A / L	Effective 12/98
OK	HB 1190 of 1999 by Rep. Stanley (enacted 4/26/99)	A / L
OR	S. 313 (signed 6/4/99)	A / L	States use of AED is "medical care"
OR	SJR 32 of 2001 Sen. Nelson	$	Urges agencies to place AEDs in state buildings, public places, and local government sites. Does not provide funds. (passed 4/01)
PA	HB 4 of 2001	$	Established a one-time program to assist school entities to acquire AEDs. The funds were appropriated by the General Assembly and after a bidding process the statewide contract for two AEDs per school district was awarded - each school district was offered two free AEDs and each intermediate unit and area vocational-technical school was offered one free AED. In addition, AEDs are made available to other school entities including non-public, private, charter and independent schools that meet program requirements. PA program details online
PA	H.1897 of 1998 (signed 12/15/98)	A / L	?11 of bill provides AED civil immunity
RI	S.2239 of 1998 & S.920 of 1999 H.7336 of 2000 RI 23-6.2-2 Sen. Polisena Sen. Kelly Rep. Fox	$	S.239 mandates distribution of AED devices to every city, town and public college in R.I. Allows use by state police. S.920 funds 35 AEDs to State Police. (signed 6/99) H.7336 requires AED placement in every city, town, college campus and judicial office. (signed 7/00)
SC	S. 728 of 1999 Enacted 6/1/99	A / L
SD	S.83 of 2000 Sen. Hainje	A / L	Requires a physician to authorize in writing placement, training and maintenance; users also must activate emergency services. (signed, 2/00)
TN	H.2970; Ch. 963 of 1998 (signed 5/11/98) Rep. Halteman-Harwel H.1218 of 1999	A / L	Expected users shall complete AED course; maintain & test device; users also must activate emergency services.
TN	S 281 of 2003 Sen. Williams	A	Strengthens registration requirement from "encouraged" to "required" within a reasonable time. (Signed 5/03)
TX	H.580 of 1999 Rep. Kyle Janek	A / L	(Enacted 6/99)
TX	H 1 of 2003 Appropriations Bill	$	FY 04 budget requires the Department of Health to allocate for the purchase and placement of AEDs in state-owned and leased buildings. "The department shall establish criteria to identify up to 100 key locations for placement" by December 31, 2003. (Signed 6/22/03)
UT	H.B. 98 of 1998 Rep.Valentine H.B. 50 of 1999 Rep. Siddoway S.B. 86 of 2000 Sen.Valentine S.B. 95 of 2003 Sen. Valentine	A L L	Allows use by trained persons w/o a license. H.B. 50, now Chapter 285 of 1999, expands Good Samaritan liability exemption S.B. 86, liability exemption extended to laypersons S.B. 95 establishes a statewide database for the collection and distribution of information regarding the location of commercially owned fully automated external defibrillators, including mandatory registration.
VA	HB2097 of 1999 HB1049 of 2000 HB 1860 of 2003 Del. O'Bannon	A / L L A / L	HB 1049 clarifies and expands immunity (signed as Chapter 928, effective date: 7/00) HB 1860 further defines immunity, and lifts restrictions on public use, eliminates the requirement for registration of automated external defibrillators. Effective 4/03.
VT	S 283 of 2000 Senator Illuzzi	A / L	Prohibits any person from operating an AED unless the person has successfully completed a training course in the operation of the AED. Users providing emergency care will not be liable for civil damages. (signed 5/2000, effective 7/2000)
WA	H2998 of 1998 Rep. Sheahan	A / L	Owners shall ensure "expected users" complete a training course.
WI	AB 239 of 1999 AB 521 of 2000 Senator Johnsrud	A / L	AB 239 (signed 7/99) AB 521 - redefines first responders and clarifies required training (signed 4/13/2000; effective date 11/2000)
WV	H.2269	A	(enacted 4/99)
WY	H. 178 Rep. Diercks	A / L	Any person acquiring an AED required to ensure that "expected defibrillator users" receive training." (enacted 3/99)

FEDERAL ACTION: Congress Acts on AEDs: In May 2002, both houses of Congress incorporated the Community Access to Emergency Devices Act (Community AED Act) into H.R. 3448 (sections 159, 312 and 313) of the Public Health Security and Bioterrorism Response Act. The President signed the bill on June 12, 2002 as Public Law 107-188. The provisions authorize $30 million in federal grants in year one of the five-year measure. The grants, to be made available to applying states and localities, would be used for the purchase and placement of automated external defibrillators (AEDs) in public places where cardiac arrests are likely to occur. Grant funds would also be used to train first responders to administer immediate life-saving care, including AED use and cardiopulmonary resuscitation (CPR). The bill also encourages private companies to purchase AEDs and to train employees in CPR and emergency defibrillation. On November 13, 2000 President Clinton signed the federal "Cardiac Arrest Survival Act", in H.R.2498, now Public Law 106-505, regarding the placement of AEDs in federal buildings and providing civil immunity for authorized users. If a Good Samaritan, building owner, or renter acts in good faith to purchase or use an AED to save a life, this law will provide protection from unfair lawsuits. It appropriates $25,000,000 for fiscal years 2001 through 2003 for local grants to purchase AEDs. The federal bill does not preempt state laws on immunity. Many of the 49 states with existing laws cover additional issues not addressed in this bill. U.S. Rep. Cliff Stearns (R-FL) and 132 cosponsors sponsored H.R. 2498. On April 24, 1998 President Clinton signed Public Law 105-170, the Aviation Medical Assistance Act, relating to defibrillators on airplanes. It declares that air carriers and individuals "shall not be liable for damages" in attempting to obtain or provide assistance. It directs the FAA Administrator to "evaluate regulations" and decide on future required use of AEDs on passenger aircraft and in airports. RELATED WEB RESOURCES: Ordinary People Save Lives with Defibrillators - by Cheryl Runyon, NCSL Public Access to Defibrillators | Adobe Version - NCSL LegisBrief, October 2002 [members only-password required] American Heart Association - details on emergency cardiac care and AEDs. American Red Cross - AED web information Center for Early Defibrillation at http://www.early-defib.org/ has a list of state laws, with additional details. Chain of Survival web site - sponsored by Agilent Technologies and Laerdal Medical Corporation. MERGInet - Medical, Emergency, Rescue and Global Information Network. "Shocks to Save Lives" - NCSL State Legislatures Magazine article, October-November, 1999 by Richard Cauchi, Health Care Program. Details on cardiac arrest, defibrillation and CPR, on-line facts courtesy of the Washington State legislative staff. 2 Emergency Medical Services - legislation summary by NCSL, 2001. Disclaimer: The descriptions of state laws provided in this memorandum are abbreviated for ease of use. Use the links or citations to full text of the laws for a more complete understanding of individual state's laws and procedures. E-CircleOfLife is not responsible for interpretation or local application of these laws and regulations. Customer assumes the responsibility of making sure that all equipment purchased meets local, state and federal codes. Back to Top