AED Legal Analysis for Kentucky

passed

passed

passed

Summary

An AED acquirer is responsible for ensuring expected AED users receive training, maintaining the AED according to manufacturer's operational guidelines, notifying EMS of the existence and location of the AED, and establishing a physician-supervised medical oversight program to ensure compliance with training, maintenance, and EMS notification requirements.

AED program medical oversight services must be provided by an in-state licensed physician. In-state medical director residency is not required.

Good Samaritan protection extends to rescuers (unless personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care), AED acquirers, the person or entity responsible for the AED site, physicians who oversee the AED program, and CPR/AED trainers.

Every public high school must provide CPR/AED training to students as part of the health course or the physical education course that is required for high school graduation.

Dentists must have an AED to qualify for an Anesthesia and Sedation Facility Certificate.

Every public high school shall provide cardiopulmonary resuscitation training to students as part of the health course or the physical education course that is required for high school graduation or the Junior Reserve Officers Training Corps course that meets the physical education requirement.

Related Laws

Statute Law Type Effective Date Abstract
KRS 158.302 Training Requirements 2018-02-15 Every public high school shall provide cardiopulmonary resuscitation training to students as part of the health course or the physical education course that is required for high school graduation or the Junior Reserve Officers Training Corps course that meets the physical education requirement. The training shall: (a) Be based on the American Heart Association's Guidelines for CPR and Emergency Cardiovascular Care or other nationally recognized, evidenced-based guidelines; (b) Incorporate psychomotor skills training to support cognitive learning; and (c) Make students aware of the purpose of an automated external defibrillator and its ease and safety of use.
KRS § 311.668 Good Samaritan 2010-07-15 Any person or entity who, in good faith and without compensation, renders emergency care or treatment by the use of an AED shall be immune from civil liability for any personal injury as a result of the care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment, where the person acts as an ordinary, reasonable prudent person would have acted under the same or similar circumstances. This immunity includes the licensed physician responsible for the oversight of the AED program, and the person or entity responsible for the site where the AED is located. Note that this immunity from civil liability does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care.
201 KAR 8:550 Mandate 2010-07-15 Dentists must have an AED to qualify for an Anesthesia and Sedation Facility Certificate.
KRS § 311.667 Training Requirement; Physician Requirement; Registration Requirement 2000-07-14 Persons or entities that acquire an AED must ensure: i) that the expected AED users receive approved training in CPR and AED use; ii) that a Kentucky-licensed physician provides medical oversight of the AED program. The physician providing oversight shall also work with the AED site to establish protocols for AED deployment and conduct a review of each use of an AED; and iii) any person or entity who acquires an AED shall notify an agent of the local emergency medical services system and the local emergency communications or vehicle dispatch center of the existence, location, and type of AED acquired.

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.