AED Legal Analysis for South Dakota

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Summary

Good Samaritan protection is extended to good faith acquirers, rescuers, and AED trainers, provided the injury does not arise from gross negligence or willful or wanton misconduct.

High school curriculum must include training for CPR & AED.

Dental facilities using general anesthesia or deep sedation must have an AED on site.

Related Laws

Statute Law Type Effective Date Abstract
S.D. Codified Law - 13-3-91 Training Requirements 2018-02-16 The secretary of education shall identify cardiopulmonary resuscitation (CPR) skills that all schools shall include within required school curriculum and shall inform school districts of resources and training available to assist schools to provide instruction in CPR and the use of automated external defibrillators.
S.D. Admin Regs - 20:43:09:13.01 Other Requirements 2018-02-16 General anesthesia and deep sedation. Any dentist who administers general anesthesia or deep sedation or who provides dental services to patients under general anesthesia or deep sedation must ensure that the office in which the work is performed: (2) Has the following equipment: (a) An automated external defibrillator or full function defibrillator that is immediately accessible;
S.D. Codified Laws § 20-9-4.4 Good Samaritan Any person, who in good faith obtains, uses, attempts to use, or chooses not to use an AED in providing emergency care or treatment, is immune from civil liability for any injury as a result of such emergency care or treatment or as a result of an act or failure to act in providing or arranging such medical treatment.
S.D. Codified Laws § 20-9-4.6 Good Samaritan Any person who provides AED training is immune from civil liability for any personal injury that occurs as a result of emergency care or treatment rendered using the AED or as a result of an act or failure to act in providing or arranging such medical treatment.
S.D. Codified Laws § 20-9-4.9 Good Samaritan The provisions of this chapter do not apply to an over-the-counter AED purchased without a written prescription. However, any person, who in good faith obtains an over-the-counter AED for use in providing emergency care or treatment or utilizes an over-the-counter AED, is immune from civil liability for any injury as a result of such emergency care or treatment or as a result of an act or failure to act in providing or arranging such emergency care or treatment. The immunity from civil liability pursuant to this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering such emergency care.

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.