AED Legal Analysis for Delaware
Summary
Each prospective AED user must have CPR/AED training and each AED must be maintained and tested according to the manufacturer's guidelines.
Only semi-automatic AEDs that require the action of an operator to deliver a shock are authorized in Delaware.
Good Samaritan protections are extended to AED acquirers, rescuers, trainers, and those who authorize the purchase of the AED.
Students in grades 9-12 are required to learn CPR/AED as a condition for graduation.
School-appointed coaches in the DIAA are required to be trained in CPR/AED.
Only semi-automatic AEDs that require the action of an operator to deliver a shock are authorized in Delaware.
Good Samaritan protections are extended to AED acquirers, rescuers, trainers, and those who authorize the purchase of the AED.
Students in grades 9-12 are required to learn CPR/AED as a condition for graduation.
School-appointed coaches in the DIAA are required to be trained in CPR/AED.
Related Laws
| Statute | Law Type | Effective Date | Abstract |
|---|---|---|---|
| 16 Del.C. § 3003C | Training Requirement; Other Requirements | 2017-02-14 | Any entity to whom AEDs are distributed shall insure that: (1) each prospective defibrillator user receives appropriate training by a nationally recognized provider of training for CPR and AED use, provided that such training shall be approved by the State EMS Medical Director; (2) The defibrillator is maintained and tested according to the manufacturer's guidelines; and (3) Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED shall notify the appropriate EMS units as soon as possible and report any clinical use of the AED to the appropriate licensed physician or medical authority. |
| 16 Del.C. § 4303 | Early Defibrillation Program Requirements | 2015-09-01 | 4.0 General Provisions 4.1 This regulation applies to any organization or individuals participating in the Delaware Early Defibrillation Program. 4.2 The OEMS, or its designee, shall retain the right to inspect any Early Defibrillation Service’s state funded defibrillation equipment or any records or documentation associated with that agency’s Early Defibrillation Program. 4.3 Semi-Automated External Defibrillators are classified as medical devices by the Delaware Board of Medical Licensure and Discipline. 4.4 SAED manufacturers, their representatives or agents are required to notify the OEMS of the sale and placement of an SAED within the State of Delaware. 4.5 The OEMS shall be responsible for notifying the jurisdictional public safety answering point of the placement of an SAED within the boundaries of their jurisdiction. 4.6 SAED Providers, SAED agencies and SAED training organizations have limited immunity protection as specified in Chapter 11 of this regulation. 5.0 Eligibility 5.1 Any individual, agency, school, organization or business, within the State of Delaware is eligible to become an Early Defibrillation Service. 5.2 Any agency, school, organization or business from another state operating within the State of Delaware, is eligible to become an Early Defibrillation Service as approved by the State Emergency Medical Services Medical Director. 6.0 Early Defibrillation Service Requirements 6.1 Agencies, schools, corporations or businesses desiring to provide Early Defibrillation Services must make application to the OEMS prior to implementation of the program. 6.2 Information to be provided with the application package shall include: 6.2.1 OEMS approved application; 6.2.2 Other information as required by the OEMS. 6.3 Responsibility of the Service 6.3.1 The Service shall: 6.3.1.1 Appoint a Service Coordinator to act as a liaison between the Service and the State Coordinator. 6.3.1.2 Notify the OEMS of changes of any information contained in the original application within 14 days of the changes. This includes changes in the Service Coordinator or changes in equipment or operational procedure. 6.3.1.3 Ensure defibrillators used by the service are of the type specified by this regulation. 6.3.1.4 Supply appropriate resources to providers to assure the capability to comply with the reporting procedures required under this regulation. 7.0 State Coordinator Responsibilities 7.1 A State Coordinator shall: 7.1.1 Be appointed by the State EMS Director. 7.1.2 Act as a liaison between the OEMS and the recognized training agencies, services, providers and medical facilities. 8.0 Service Coordinator A Service Coordinator will have successfully completed an SAED training course. 9.0 Early Defibrillation Provider Requirements 9.1 Guidelines for the validation of credentials of Early Defibrillation Providers are established by the Board of Medical Licensure and Discipline. 9.2 Individuals requesting validation as an Early Defibrillation Provider shall: 9.2.1 Apply for SAED training through an SAED training agency recognized by the OEMS. 10.0 Defibrillation Equipment 10.1 Defibrillators acceptable for use in the State of Delaware will: 10.1.1 Be FDA approved; 10.1.2 Be of the semi-automatic type requiring provider intervention to initiate a defibrillation shock or other device as approved by the State EMS Medical Director; 10.1.3 Be capable of automatically collecting data; 10.1.4 Be capable of producing a printed summary report as approved by the State EMS Medical Director. 10.1.5 SAED’s utilizing alternate waveform technologies are approved for use provided that the treatment algorithm has been approved by the FDA. 10.2 Defibrillation Equipment Modification 10.2.1 No modifications are to be made to defibrillation equipment, by a provider on the service, which results in: 10.2.1.1 Deviation from the original manufacturer’s specification; 10.2.1.2 Deviation from Early Defibrillation Program protocols. 10.2.2 Defibrillation Protocol changes may only be authorized by the State EMS Medical Director. 10.2.3 Necessary defibrillator modifications shall be coordinated by the Service Coordinator. 10.2.4 Defibrillator preventive maintenance will be maintained in accordance with manufacturer’s recommendations. 10.3 Financial Responsibility 10.3.1 Purchase of SAED units, electrodes or pads, data collection hardware/software and any required inspections, repairs or replacement parts shall be the sole responsibility of the service. 11.0 Provisions of Limited Immunity Protections Persons using an SAED in attempt to resuscitate another person have limited immunity protection under 16 Del.C. Chapter 3005C. 12.0 SAED Deployment Guidelines 12.1 SAEDs are used in cases of cardiac arrest. 12.2 SAED providers shall follow the most current American Heart Association/Emergency Cardiac Care Committee guidelines and/or additional guidelines as promulgated by the State EMS Medical Director. 12.3 EMS and First Responder Agencies must transport to the closest appropriate medical facility when a paramedic unit has not arrived on the scene. 12.3.1 EMS and First Responder agencies must contact medical control while enroute for additional orders. 12.4 Non-EMS/First Responders must continue CPR and repeat rhythm analysis until EMS arrives. 12.4.1 Non-EMS/First Responders must re-contact 911 assuring help is on the way. 12.5 Complete the SAED download data management form. 12.5.1 For non-EMS/First Responders without download capabilities: 12.5.1.1 Turn the SAED over to the responding EMS agency for data download 12.5.1.2 After the data has been downloaded and printed out have the EMS agency return the SAED to the owner agency. 12.5.1.3 Send a hard copy of all data downloads to the State AED Coordinator. |
| 14 Del. Admin. Code 851 | Training Requirement | 2014-10-09 | |
| 16 Del.C. § 3005C | Good Samaritan | The law limits civil liability under certain circumstances of use, or an attempted use, of an AED. Any person or entity responsible for the site where the AED is located shall be immune from civil liability for any personal injury that results from any act or omission that does not amount to willful or wanton misconduct or gross negligence. |
We make every attempt to ensure the accuracy of our research regarding automated external defibrillator (AED) unit laws in each state across the country, however, with laws varying from state-to-state and even on a local basis, as you might imagine, staying abreast of constant changes is a very challenging process. As such, it's important to note that our findings should be used for informational purposes only and that any specific AED laws or AED requirements for your AED program should be developed between you and your legal counsel. If you have any suggestions, information, or tips on new or pending AED unit legislation that you feel might help improve our AED requirement pages, please contact us to let us know! By spreading knowledge about how to build and manage legally compliant AED programs, we hope to improve survival rates from sudden cardiac arrest.