AED Legal Analysis for Idaho
Summary
If the AED is acquired pursuant to a prescription, any clinical use of the AED must be reported to the prescribing physician, and that physician is immune from civil liability for prescribing the AED.
Good Samaritan protection is extended to rescuers and persons or entities who acquire an AED if the manufacturer's maintenance and testing guidelines are followed and if the acts or omissions giving rise to injury do not amount to gross negligence or willful or wanton or reckless misconduct.
CPR/AED training as part of a health/wellness class is a requirement for high school graduation.
Facilities performing general anesthesia or moderate or deep sedation are required to have an AED on the premises.
Related Laws
| Statute | Law Type | Effective Date | Abstract |
|---|---|---|---|
| ID Administrative Code - 08.02.3.105 | Training Requirements | 2018-02-14 | Effective for all public school students who enter grade nine (9) in Fall 2015 or later, each student shall receive a minimum of one (1) class period on psychomotor cardiopulmonary resuscitation (CPR) training as outlined in the American Heart Association (AHA) Guidelines for CPR to include the proper utilization of an automatic external defibrillator (AED) as part of the Health/Wellness course. |
| ID Administrative Code - 19.01.01.060 | Other Requirements | 2018-02-14 | Facilities performing moderate sedation are required to have an AED on the premises. |
| ID Administrative Code - 19.01.01.061 | Other Requirements | 2018-02-14 | Facilities performing general anesthesia or deep sedation are required to have an AED on the premises. |
| I.C. § 5-337 | Good Samaritan; Training Requirement; Registration Requirement | A person or entity who acquires an AED must ensure that: (i) expected defibrillator users receive training equivalent to the CPR and AED training of the American Heart Association, the American Red Cross or similar entities; (ii) the AED is maintained and tested by the owner according to the manufacturer's operational guidelines; (iii) Any person who renders emergency care or treatment to a person in cardiac arrest by using an AED must activate the emergency medical services system as soon as possible, and must report any clinical use of the defibrillator to the prescribing physician. Any person or entity who acquires an AED must notify an agent of the emergency communications system or emergency vehicle dispatch center of the existence, location and type of defibrillator. The law limits civil liability under certain circumstances of use, or an attempted use, of an AED. The limitation of liability extends to a person or entity who acquires or maintains an AED which arises from the reasonable use of a defibrillator in an emergency setting. |
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.