AED Legal Analysis for Mississippi

Mississippi pick another state

passed

passed

failed

Summary

A Mississippi licensed physician must exercise medical control authority over a person using an AED to ensure compliance with requirements for training, emergency medical services (EMS) notification, and AED maintenance. The person using the AED must be trained in CPR/AED by a nationally recognized course in CPR and AED use. Any person who renders emergency care by using an AED must activate the EMS system as soon as possible, and report any clinical use of the AED to the licensed physician.

Good Samaritan protection is extended to good faith rescuers if they act as an ordinary prudent person would have under the same or similar circumstances and if their actions or failure to act do not amount to willful or wanton misconduct or gross negligence. This protection also extends to the physician who authorizes, directs, or supervises the AED program; the owner of the premises on which the AED is used; the AED purchaser; and CPR/AED trainers.

AEDs and CPR/AED-trained personnel are mandated in all state gaming facilities.

9th-grade students must receive CPR/AED training.

All dental offices are required to have an AED or equivalent defibrillator.

Related Laws

Statute Law Type Effective Date Abstract
Miss. Admin. Code 13-3:11.3 Mandate 2017-02-15 Requires all licensed gaming establishments to have at least one AED; it is the responsibility of the establishment to determine the appropriate number and placement of the AEDs.
Miss. Admin. Code 30-2301:1.45 Mandate 2017-02-15 Requires all dental offices in the State of Mississippi to have at least one AED or equivalent defibrillator.
§ 37-13-134 Training Requirements 2015-09-01 (b) Grades 9 through 12: One-half (1/2) Carnegie unit requirement in physical education or physical activity for graduation. Beginning with the 2015-2016 Ninth Grade Class, an instructional component on the proper administration of cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED) shall be included as part of the physical education or health education curriculum. The curricula shall incorporate into the instruction the psychomotor skills necessary to perform cardiopulmonary resuscitation and use of an automated external defibrillator as follows: (i) An instructional program developed by the American Heart Association or the American Red Cross; (ii) An instructional program which 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; (iii) A licensed teacher shall not be required to be a certified trainer of cardiopulmonary resuscitation, to facilitate, provide or oversee such instruction for noncertification; and (iv) Courses which result in a certification being earned must be taught by an authorized CPR/AED instructor. For purposes of this paragraph (b), the term "psychomotor skills" means the use of hands-on practicing to support cognitive learning. Cognitive-only training does not qualify as "psychomotor skills." The requirements of this paragraph (b) shall be minimum requirements. Any local school district shall be authorized to offer CPR and AED instruction for longer periods of time than required herein, and may enhance the curriculum and training components.
Miss. Code Ann. § 41-60-33 Training Requirement; Physician Requirement 2003-09-24 A Mississippi licensed physician must exercise medical control authority over the person using the AED to ensure compliance with requirements for training, emergency medical services (EMS) notification and maintenance. The person using the AED must have received appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED by a nationally recognized course in CPR and AED use. The AED must not operate in a manual mode except when access control devices are in place or when appropriately licensed individuals such as registered nurses, physicians or emergency medical technician-paramedics utilize the AED. Any person who renders emergency care or treatment on a person in sudden cardiac death by using an AED must activate the EMS system as soon as possible, and report any clinical use of the AED to the licensed physician.
Miss. Code Ann. § 73-25-37 Good Samaritan 2003-09-24 Any person who in good faith, with or without compensation, renders emergency care or treatment by the use of an AED, as well as the person responsible for the site where the AED is located if the person has provided for compliance with the provisions of Sections 41-60-31 through 41-60-35, shall be immune from civil liability for any personal injury as a result of that 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, reasonably prudent person would have acted under the same or similar circumstances and the person's actions or failure to act does not amount to willful or wanton misconduct or gross negligence.

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.