AED Legal Analysis for Indiana

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Summary

Good Samaritan protection applies to individuals or businesses that allow an anticipated user to use an AED and to rescuers using the AED, provided the AED is properly registered and maintained, an ambulance is called as soon as practicable after the use of an AED, and the acts or omissions in question do not amount to gross negligence or willful or wanton misconduct.

AEDs and CPR/AED-trained employees are required in health clubs.

An AED acquirer must ensure that the AED is maintained and tested according to the manufacturer’s operational guidelines and must notify EMS of the AED's acquisition and location.

CPR/AED is a required component of school corporations' and accredited non-public schools' high school curriculum.

Related Laws

Statute Law Type Effective Date Abstract
IC 16-31-6.5-4 Other Requirements 2018-02-14 A person or entity acquiring a defibrillator shall ensure that the defibrillator is maintained and tested according to the manufacturer’s operational guidelines.
IC 20-30-5-20 Training Requirements 2018-02-14 Except as provided in subsection (f), each school corporation, charter school, and accredited nonpublic school shall include in the charter school's, school corporation's or accredited nonpublic school's high school health education curriculum instruction in cardiopulmonary resuscitation and use of an automated external defibrillator for its students. The instruction must incorporate the psychomotor skills necessary to perform cardiopulmonary resuscitation and use an automated external defibrillator and must include either of the following: (1) An instructional program developed by the American Heart Association or the American Red Cross. (2) An instructional program that is nationally recognized and is based on the most current national evidence based emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator. (d) A school corporation, charter school, or an accredited nonpublic school may offer the instruction required in subsection (c) or may arrange for the instruction to be provided by available community based providers. The instruction is not required to be provided by a teacher. If instruction is provided by a teacher, the teacher is not required to be a certified trainer of cardiopulmonary resuscitation. (e) This section shall not be construed to require a student to become certified in cardiopulmonary resuscitation and the use of an automated external defibrillator. However, if a school corporation, charter school, or accredited nonpublic school chooses to offer a course that results in certification being earned, the course must be taught by an instructor authorized to provide the instruction by the American Heart Association, the American Red Cross, or a similar nationally recognized association. (f) A school administrator may waive the requirement that a student receive instruction under subsection (c) if the student has a disability or is physically unable to perform the psychomotor skill of the instruction required under subsection (c).
IC 16-31-6.5-5 Registration Requirement Requires the entity that acquires a defibrillator to notify the: (1) ambulance service provider that serves the area where the person or entity is located; or (2) emergency medical services commission of the acquisition and location of the defibrillator.
IC 34-30-12-1 Good Samaritan The law limits civil liability under certain circumstances of use, or an attempted use, of an AED. This immunity extends to an individual or business that allows a person who is an expected user to use an AED it has acquired, if any damages resulting from an act or omission do not amount to gross negligence or willful or wanton misconduct by the user or for acquiring or providing the AED to the user for the purpose of rendering the emergency care, provided that the individual or business fulfill the requirements set forth in the law.
IC 24-4-15-5 Mandate Requires all health clubs to have an AED at the facility.

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.