AED Legal Analysis for Pennsylvania
Summary
Good Samaritan protection is extended to any person who in good faith acquires and maintains an AED or uses an AED in an emergency unless acts or omissions intentionally designed to harm or any grossly negligent acts or omissions result in harm to the individual receiving the AED treatment.
An AED acquirer must (1) ensure that expected AED users receive training; (2) maintain and test the AED according to the manufacturer's operational guidelines; (3) instruct AED users to immediately contact EMS in an emergency; and (4) provide EMS personnel with information as requested.
AEDs are required at health clubs that offer services during nonstaffed hours (in lieu of an employee trained in CPR/AED who must otherwise be present).
Coal mine operators are required to provide an AED on the surface in close proximity to the mine entry and in each working section. Mine personnel shall receive yearly training in the operation of the AED. The AED must be maintained and inspected according to manufacturer's operational guidelines. Good Samaritan protections apply to miners who render care with an AED.
An AED acquirer must (1) ensure that expected AED users receive training; (2) maintain and test the AED according to the manufacturer's operational guidelines; (3) instruct AED users to immediately contact EMS in an emergency; and (4) provide EMS personnel with information as requested.
AEDs are required at health clubs that offer services during nonstaffed hours (in lieu of an employee trained in CPR/AED who must otherwise be present).
Coal mine operators are required to provide an AED on the surface in close proximity to the mine entry and in each working section. Mine personnel shall receive yearly training in the operation of the AED. The AED must be maintained and inspected according to manufacturer's operational guidelines. Good Samaritan protections apply to miners who render care with an AED.
Related Laws
| Statute | Law Type | Effective Date | Abstract |
|---|---|---|---|
| § 14-1423 | Other Requirements | 2014-06-30 | (a) The department shall establish an automatic external defibrillator program to assist school entities and nonpublic schools in making automatic external defibrillators available in school buildings. (b) On a biennial basis, the department, in consultation with the Department of General Services and the Department of Health, shall issue an invitation to bid for the cost of automatic external defibrillators and other equipment and supplies necessary for the proper operation of the device. The department shall accept the bid of the lowest responsible bidder and permit any school entity or nonpublic school to purchase the devices at the contract bid price. The department may purchase automatic external defibrillators from any funds appropriated pursuant to subsection (k) for distribution to school entities and nonpublic schools. (c) To be eligible to obtain or purchase automatic external defibrillators under the program a school entity or nonpublic school must: (1) Assure that two (2) or more persons assigned to the location where the automatic external defibrillator will be primarily housed are trained as required in subsection (d). (2) Ensure that the device will be secured in a safe and readily accessible location and agree to properly maintain and test the device according to the manufacturer’s operational guidelines. (3) Submit a valid prescription for the device from a licensed medical practitioner in this Commonwealth. (4) Agree to provide the training required by subsection (d). (d) School personnel who are expected to use the automatic external defibrillator shall complete training in cardiopulmonary resuscitation and in the use of an automatic external defibrillator provided by the American Heart Association, the American Red Cross or through an equivalent course of instruction approved by the Department of Health. (e) A school entity may include the training required by subsection (d) in its continuing professional education plan submitted to the department under section 1205.1. (f) The provisions of 42 Pa.C.S. § 8331.2 (relating to good Samaritan civil immunity for use of automated external defibrillator) shall apply to school employees who render care with an automatic external defibrillator. (g) From funds appropriated for this purpose, the department may assist school entities and nonpublic schools that are not equipped with automatic external defibrillators by providing a discount from the contract bid price obtained under subsection (b) or by providing automatic external defibrillators obtained under subsection (b). (g.1) The purchase of an automatic external defibrillator shall be considered an allowable use of Pennsylvania Accountability Grants under section 2599.2(b). (g.2) The purchase of automatic external defibrillators shall be considered an innovative educational program under Article XVII-F of the act of March 4, 1971 (P.L.6, No.2), known as the “Tax Reform Code of 1971.” (h) (Reserved). (i) Not later than June 30, 2014, and each year thereafter, each school entity shall make a report to the department detailing the number, condition, age and placement of automatic external defibrillators in each school building. After the initial report is made, a school entity may report this information as part of the annual report required by the Commonwealth under section 2505.1 to receive State reimbursement for health services. (i.1) A nonpublic school that participates in the automatic external defibrillator program under subsection (b) or (g) shall be subject to the reporting required under subsection (i). (i.2) The department shall annually publish a report on its publicly accessible Internet website no later than December 31, 2014, and each year thereafter. The report shall contain the following information: (1) The total number of automatic external defibrillators by school entity and nonpublic school. (2) The number of school buildings by school entity and nonpublic school that are equipped with automatic external defibrillators. (3) The number of school buildings by school entity and nonpublic school that are not equipped with automatic external defibrillators. (j) The department may adopt guidelines as necessary to administer this section. (k) The General Assembly may appropriate funds to carry out the provisions of this section. (l) As used in this section— “Automatic external defibrillator” means a portable device that uses electric shock to restore a stable heart rhythm to an individual in cardiac arrest. “Department” means the Department of Education of the Commonwealth. “Nonpublic school” means a nonprofit school, other than a public school within this Commonwealth, wherein a resident of this Commonwealth may legally fulfill the compulsory school attendance requirements of this act and which meets the applicable requirements of Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241). “School building” means a building owned by or under the control of a school entity or nonpublic school where classes are taught or extracurricular activities are conducted on a regular basis. “School entity” means an area vocational-technical school, a charter school, a cyber charter school, an intermediate unit or a school district. “Secretary” means the Secretary of Education of the Commonwealth. |
| 25 Pa. Code § 208.70 | Mandate; Training Requirement | 2013-03-01 | Requires coal mine operators to provide an AED 1) on the surface in close proximity to the mine entry and 2) in each working section. Mine personnel shall receive yearly training in the operation of the AED. |
| 42 Pa. Stat. § 8331.2 | Good Samaritan; Training | Any person who in good faith acquires and maintains an AED or uses an AED in an emergency shall not be liable for any civil damages as a result of any acts or omissions by an individual using the AED, except if acts or omissions intentionally designed to harm or any grossly negligent acts or omissions result in harm to the individual receiving the AED treatment For purposes of this section, expected AED users shall complete training in the use of an AED consistent with American Red Cross, American Heart Association or other national standards as identified and approved by the Department of Health in consultation with the Pennsylvania Emergency Health Services Council. | |
| 73 Pa. Stat. § 2174 | Mandate | Every health club offering health club services during nonstaffed hours must be equipped with at least one automated external defibrillator. |
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.