AED Legal Analysis for Maryland
Summary
The law provides for a Public Access AED Program whereby each facility that wishes to make an AED available must become certified by the EMS Board. To qualify for a certificate the facility must comply with written EMS protocols including notification of EMS as soon as possible after using an AED; establishing AED maintenance, placement, operation, reporting, and quality improvement procedures as required by the EMS Board; maintaining each AED and all related equipment and supplies in accordance with the standards established by the device manufacturer and the FDA; and ensuring that expected AED users successfully complete an AED training and refresher course.
A registered facility has Good Samaritan protection if it has satisfied the EMS board's requirements (above). An individual rescuer acting in good faith is also protected if the acts or omissions were undertaken in a reasonably prudent manner without compensation. Civil immunity does not extend to acts or omissions rising to the level of gross negligence, willful or wanton misconduct, or intentionally tortious conduct.
All swimming pools operated by the counties or municipalities must have a registered AED on the premises and an individual trained in AED use present at each swimming pool.
All public schools must have a registered AED on site and an individual trained in AED use present at all school-sponsored athletic events.
An in-state licensed physician or regional council AED committee must provide AED program medical oversight services. In-state medical director residency is not required though current knowledge of the state’s EMS system and AED laws and regulations is expressly required.
Students entering 9th grade must receive CPR/AED training before graduation.
Dental facilities are required to have a defibrillator or an AED.
A registered facility has Good Samaritan protection if it has satisfied the EMS board's requirements (above). An individual rescuer acting in good faith is also protected if the acts or omissions were undertaken in a reasonably prudent manner without compensation. Civil immunity does not extend to acts or omissions rising to the level of gross negligence, willful or wanton misconduct, or intentionally tortious conduct.
All swimming pools operated by the counties or municipalities must have a registered AED on the premises and an individual trained in AED use present at each swimming pool.
All public schools must have a registered AED on site and an individual trained in AED use present at all school-sponsored athletic events.
An in-state licensed physician or regional council AED committee must provide AED program medical oversight services. In-state medical director residency is not required though current knowledge of the state’s EMS system and AED laws and regulations is expressly required.
Students entering 9th grade must receive CPR/AED training before graduation.
Dental facilities are required to have a defibrillator or an AED.
Related Laws
| Statute | Law Type | Effective Date | Abstract |
|---|---|---|---|
| MD Code - 30.06.03.02 | Medical Direction | 2018-02-19 | A. Each authorized facility shall have medical direction through either: (1) A sponsoring physician; or (2) The regional council AED committee for the region in which the facility is located. B. A sponsoring physician shall meet the following qualifications: (1) Be licensed to practice medicine in Maryland; (2) Be knowledgeable in the operation of the AEDs available at the facility; and (3) Possess current knowledge of the: (a) Maryland EMS System, (b) AED protocol in Regulation .03 of this chapter, and (c) AED quality assurance process in COMAR 30.06.04. C. The regional council AED committee shall meet the following qualifications: (1) Be knowledgeable in the operation of the AEDs available at the facility; and (2) Possess current knowledge of the: (a) Maryland EMS System; (b) AED protocol in Regulation .03 of this chapter; and (c) AED quality assurance process in COMAR 30.06.04. D. The sponsoring physician or regional council AED committee shall perform the following duties: (1) Be responsible for providing medical direction for the operation of AEDs at the authorized facility; (2) Require that all personnel operating an AED for the authorized facility meet the training requirements of COMAR 30.06.05; (3) Oversee the quality assurance program as required in COMAR 30.06.04; (4) Liaise with the local EMS jurisdictional operational program medical director and the State EMS Medical Director; and (5) Require that all personnel in the AED program are following the protocol required in Regulation .03 of this chapter when operating the AED. E. The authorized facility shall notify the office of the State EMS Medical Director immediately of any change in its medical direction. |
| 13a.05.10.03 | Other Requirements | 2018-02-15 | A. Each county board shall develop and implement a High School AED Program which shall require, at minimum: (1) One AED on-site in each public high school, which shall be available for use at each school-sponsored athletic event; (2) One individual trained in the operation and use of an AED present at each school-sponsored athletic event; and (3) One individual trained in the operation and use of an AED on-site at each high school during the regular school day. B. The High School AED Program shall: (1) Possess a valid certificate from the EMS Board to conduct an AED program; (2) Comply with the rules, regulations, and policies that the EMS Board determines are applicable; (3) Maintain up-to-date records of the initial and refresher training received by each individual trained in the operation and use of an AED; (4) Adhere to the AED manufacturer's guidelines for maintenance, inspection, and repair of AEDs, including weekly inspection of the AED; (5) Establish AED maintenance, operation, reporting, and quality improvement procedures to be documented as required by the EMS Board; (6) Submit a report for each incident in which an AED is operated or there was an AED response, including any event (code) summary, recording, or tape created by the AED, on the Maryland Facility AED Report Form for Cardiac Arrests to the following: (a) The office of the State EMS Medical Director; (b) The local jurisdictional EMS operational program, if the PSAP is accessed; and (c) The federal Food and Drug Administration, with a copy of the report to the State EMS Medical Director, if the AED fails when operated; (7) Designate an AED coordinator who: (a) Meets the requirements of COMAR 30.06.02.01B, which includes training in cardiopulmonary resuscitation (CPR) and AED operation; and (b) Is responsible for implementation and administration of the AED program; and (8) Contact and collaborate with the closest jurisdictional emergency medical services operational program once the High School AED Program is approved by the EMS Board. C. Each county board shall inform all persons who are authorized to participate in the High School AED Program of the immunities available under Education Article, §13-517, Annotated Code of Maryland. |
| COMAR 10.44.12.11 | Mandate | 2017-02-15 | Requires dental facilities to have a defibrillator or an AED. |
| MD Code, Local Government, § 1-1310 | Mandate | 2014-07-07 | Requires swimming pools operated by the counties or municipalities to have an AED on the premises. |
| MD Code, Education, § 7-425 | Mandate | 2006-07-01 | Requires all public schools to have an AED on site. |
| MD Code, Education, § 13-517; COMAR 30.06.02.01 et seq. | Certification/Registration Requirement; Training Requirement; Good Samaritan | Each facility that desires to make an AED available shall possess a valid certificate from the EMS Board. A certificate is valid for 3 years and must be renewed. Each facility must ensure that each individual who is expected to operate an AED has successfully completed an educational training course and refresher training as required by the EMS Board. A registered facility is not civilly liable for any act or omission in the provision of AED if the registered facility: (i) has satisfied the requirements for making AED available under this section; and (ii) possesses a valid certificate at the time of the act or omission. |
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.