AED Legal Analysis for Minnesota

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Summary

Good Samaritan protection is extended to those who, without compensation, render emergency care with an AED, unless the person on whom the device is to be used objects, or the rescuer acts in a willful and wanton or reckless manner.

Owners of ""public access"" AEDs (AEDs intended to be used or accessed by the public and for their benefit) are required to register the AED with an AED registry within 30 days of acquiring it, ensure that the AED is reasonably maintained, and comply with all manufacturer's recall and safety notices.

School students in grades 7-12 are required to be trained in CPR/AED.

Dentists who administer anesthesia or sedation must have an AED or full defibrillator on site.

Related Laws

Statute Law Type Effective Date Abstract
120B.236 Training Requirements 2018-02-15 (a) School districts must provide onetime cardiopulmonary resuscitation and automatic external defibrillator instruction as part of their grade 7 to 12 curriculum for all students in that grade beginning in the 2014-2015 school year and later. Training and instruction provided under this section need not result in cardiopulmonary resuscitation certification. Cardiopulmonary resuscitation and automatic external defibrillator instruction must include cardiopulmonary resuscitation and automatic external defibrillator training that has been developed: (1) by the American Heart Association or the American Red Cross and incorporate psychomotor skills to support the instruction; or (2) using nationally recognized, evidence-based guidelines for cardiopulmonary resuscitation and incorporates psychomotor skills to support the instruction. "Psychomotor skills" under this paragraph means hands-on practice to support cognitive learning; it does not mean cognitive-only instruction and training. (b) School districts may use community members such as emergency medical technicians, paramedics, police officers, firefighters, and representatives of the Minnesota Resuscitation Consortium, the American Heart Association, or the American Red Cross, among others, to provide instruction and training under this section. Community members are encouraged to provide needed training and instructional resources such as cardiopulmonary resuscitation kits and other materials at no cost to the school districts. A school administrator may waive this curriculum requirement for a high school transfer student regardless of whether or not the student previously received instruction under this section, an enrolled student absent on the day the instruction occurred under this section, or an eligible student who has a disability. If a school district requests resources, the Minnesota Resuscitation Consortium must provide them to the district for instruction and training provided to students under this section.
Minnesota Rules, part 3100.3600 Mandate 2017-02-15 Requires all dentists who administer anesthesia and/or sedation to have an AED or a full defibrillator in their facility.
M.S.A. § 403.51 Registration Requirement; Other Requirements 2014-08-01 A person or entity who purchases or obtains a public access AED shall register that device with an AED registry within 30 working days of receiving the AED. The following information for each AED should be provided: (1) AED manufacturer, model, and serial number; (2) specific location where the AED will be kept; and (3) the title, address, and telephone number of a person in management at the business or organization where the AED is located. Any changes in the information provided in the registration must be reported within 30 working days of the change. The AED owner must also reasonably maintain the AED, including replacement of dead batteries and pads/electrodes, and comply with all manufacturer's recall and safety notices. Further, the owner shall develop an emergency response plan appropriate for the nature of the facility the AED is intended to serve.
M.S.A. § 604A.01 Good Samaritan A person who, without compensation, renders emergency care (which includes using or providing an AED, unless the person on whom the device is to be used objects) is not liable for any civil damages as a result of acts or omissions by that person in rendering the emergency care, unless the person acts in a willful and wanton or reckless manner in providing the care, advice, or assistance.

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.