AED Legal Analysis for New Jersey
Summary
An AED acquirer must ensure that anticipated users are CPR/AED trained prior to any AED use; ensure that the AED is properly maintained and tested according to the manufacturer's guidelines; provide for a medical oversight program; and register the AED with EMS.
Good Samaritan protection is extended to good faith rescuers, prescribing licensed physicians, and CPR/AED trainers. Civil immunity is also provided for people and entities that provide or maintain an AED if statutory requirements for training, maintenance, oversight, etc. are followed.
AED programs must involve a licensed physician in a protocol review capacity. Neither in-state licensure nor residency are required.
AEDs are required in K-12 schools, health clubs, and nursing homes.
High school students must receive CPR/AED training before graduation.
Good Samaritan protection is extended to good faith rescuers, prescribing licensed physicians, and CPR/AED trainers. Civil immunity is also provided for people and entities that provide or maintain an AED if statutory requirements for training, maintenance, oversight, etc. are followed.
AED programs must involve a licensed physician in a protocol review capacity. Neither in-state licensure nor residency are required.
AEDs are required in K-12 schools, health clubs, and nursing homes.
High school students must receive CPR/AED training before graduation.
Related Laws
| Statute | Law Type | Effective Date | Abstract |
|---|---|---|---|
| N.J.S.A. § 2A:62A-25 | Training Requirement; Registration Requirement; Good Samaritan; Physician Requirement | 2017-02-15 | A person or entity that acquires an AED shall ensure that any person, who is anticipated by the person or entity to be in a position to render emergency care or treatment shall have successfully completed and hold a current certification from a training program recognized by the Department of Health and Senior Services. Such person or entity shall also notify the appropriate first aid, ambulance, or rescue squad, or other appropriate emergency medical services provider that the person or entity has acquired the AED, the type acquired, and its location. A person or entity that acquires a AED shall not be liable for any act or omission of any lay person who uses the defibrillator in the rendering of emergency care. Prior to purchasing the AED, provide the prescribing licensed physician with documentation that the person or entity purchasing the AED has a protocol in place to comply with New Jersey Law. |
| N.J.S.A. 18A:35-4.28 | Training Requirements | 2014-09-01 | 1. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, the board of education of a public school district that includes grades 9 through 12, or the board of trustees of a charter school that includes grades 9 through 12, shall provide instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator to each student prior to graduation as part of the district’s implementation of the Core Curriculum Content Standards in Comprehensive Health and Physical Education. The board of education, or board of trustees, may select a no-cost, non-certification instructional program to meet this requirement. |
| N.J.S.A § 18A:40-41a | Mandate | 2012-09-19 | Any public or nonpublic school that has students between kindergarten through 12th grade must have an AED. |
| N.J.S.A § 26:2H-12.26 | Mandate | 2009-04-23 | Nursing homes must haveat least one AED, which shall be maintained in a central location within the nursing home or assisted living facility that shall be made known and available to the employees. |
| N.J.S.A § 2A:62A-31; N.J.S.A. § 2A:62A-33 | Mandate | The owner or operator of a health club shall acquire at least one AED and store it in an accessible location within the health club that is known and available to the employees of the health club. | |
| N.J.S.A. § 2A:62A-27; N.J.S.A. 2A:62A-1 | Good Samaritan | A person or entity providing or maintaining an AED shall not be liable for any act or omission involving the use of a defibrillator in the rendering of emergency care by a lay person. |
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.