AED Legal Analysis for Louisiana
Summary
The possessor of an AED is responsible for training expected AED users in CPR/AED; for notifying EMS of the existence and location of the AED; for ensuring the AED is maintained and tested in accordance with the manufacturer's operational guidelines; and for establishing a medical oversight program whereby a physician or an advanced practical nurse ensures the above training, notification, and AED maintenance requirements are met.
Good Samaritan protections extend to the purchaser or entity responsible for the AED and its location, as well as expected users, physicians overseeing the AED program, and CPR/AED trainers.
An AED is required in physical fitness facilities, as well as high schools and colleges that compete in intramural athletics.
Students in grades 9-12 must receive CPR/AED training.
Good Samaritan protections extend to the purchaser or entity responsible for the AED and its location, as well as expected users, physicians overseeing the AED program, and CPR/AED trainers.
An AED is required in physical fitness facilities, as well as high schools and colleges that compete in intramural athletics.
Students in grades 9-12 must receive CPR/AED training.
Related Laws
| Statute | Law Type | Effective Date | Abstract |
|---|---|---|---|
| LSA-R.S. 40:1137.3 | Training Requirement; Physician Requirement; Registration Requirement; Mandate | 2017-02-15 | Any person or entity that possesses an AED shall ensure that: (1) the AED is maintained and tested according to the manufacturer's guidelines; (2) A licensed physician or advanced practice registered nurse who is authorized to prescribe is involved in the possessor's program to ensure compliance with the requirements for training, emergency medical service (EMS) notification, and maintenance; (3)(a) Expected AED users regularly, on the premises of a particular entity, such as a work site or users who carry an AED in a private security patrol vehicle, receive appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED from any nationally recognized course in CPR and AED use; (4) The emergency medical services system is activated as soon as possible when an individual renders emergency care to an individual in cardiac arrest by using an AED; (5) Any clinical use of the AED is reported to the licensed physician or advanced practice registered nurse involved in the possessor's program. Any person or entity that possesses an AED shall notify the bureau of emergency medical services of the Department of Health and Hospitals and a local provider of emergency medical services, such as 911 service, local ambulance service, or the fire department of the acquisition, location, and type of AED. Also, the owner of or the entity responsible for a physical fitness facility, and any institution of higher education that competes in intercollegiate athletics must keep an AED on its premises. Further, (a) each high school that participates in interscholastic athletics must have an AED on its premises, if funding is available, and (b) each high school in any parish with a population of more than 200,000 and less than 225,000 according to the latest federal census must have an AED on its premises. |
| LSA-R.S. 40:1137.4 | Good Samaritan | 2017-02-15 | In addition to individual civil immunity (as described above), any purchaser of an AED, any person or entity who owns or who is responsible for the site or the private security patrol vehicle where an AED is located, and any expected user regularly on the premises or in the vehicle shall not be liable for any civil damages arising from any act or omission of acts related to the operation of or failure to operate an AED that do not amount to willful or wanton misconduct or gross negligence. |
| LSA-R.S. 9:2793 | Good Samaritan | No person who in good faith gratuitously renders emergency care, including the use of an AED shall be liable for any civil damages. This Section shall not exempt from liability those individuals who intentionally or by grossly negligent acts or omissions cause damages to another individual. This immunity shall be personal to the individual rendering such care or service or furnishing such transportation and shall not inure to the benefit of any employer or other person legally responsible for the acts or omissions of such individual, nor shall it inure to the benefit of any insurer. |
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.