AED Legal Analysis for Virginia
Summary
Good Samaritan protection from civil liability is extended to good faith rescuers, AED acquirers, those who own or manage the property on which an AED is located, AED trainers, and physicians who supervise AEDs.
Each high school student must be trained in CPR/AED prior to graduation.
Dental offices which provide deep sedation/general anesthesia must have an AED on site.
Health clubs are required to have an AED on site.
Each high school student must be trained in CPR/AED prior to graduation.
Dental offices which provide deep sedation/general anesthesia must have an AED on site.
Health clubs are required to have an AED on site.
Related Laws
| Statute | Law Type | Effective Date | Abstract |
|---|---|---|---|
| § 59.1-296.2:2 | Other Requirements | 2020-04-09 | 1 VIRGINIA ACTS OF ASSEMBLY –– CHAPTER 2 An Act to amend and reenact § 59.1-296 of the Code of Virginia and to amend the Code of Virginia by 3 adding a section numbered 59.1-296.2:2, relating to Virginia Health Club Act; automated external 4 defibrillators required in health clubs. 5 [S 394] 6 Approved 7 Be it enacted by the General Assembly of Virginia: 8 1. That § 59.1-296 of the Code of Virginia is amended and reenacted and that the Code of Virginia 9 is amended by adding a section numbered 59.1-296.2:2 as follows: 10 § 59.1-296. Definitions. 11 As used in this chapter, unless the context requires a different meaning: 12 "Automated external defibrillator" means a device that combines a heart monitor and defibrillator 13 and (i) has been approved by the U.S. Food and Drug Administration; (ii) is capable of recognizing the 14 presence or absence of ventricular fibrillation or rapid ventricular tachycardia; (iii) is capable of 15 determining, without intervention by an operator, whether defibrillation should be performed; and (iv) 16 automatically charges and requests delivery of an electrical impulse to an individual's heart upon 17 determining that defibrillation should be performed. 18 "Business day" means any day except a Sunday or a legal holiday. 19 "Buyer" means a natural person who enters into a health club contract. 20 "Commissioner" means the Commissioner of Agriculture and Consumer Services, or a member of his 21 staff to whom he may delegate his duties under this chapter. 22 "Comparable alternate facility" means a health club facility that is reasonably of like kind, in nature 23 and quality, to the health club facility originally contracted, whether such facility is in the same location 24 but owned or operated by a different health club or is at another location of the same health club. 25 "Contract price" means the sum of the initiation fee, if any, and all monthly fees except interest 26 required by the health club contract. 27 "Facility" means a location where health club services are offered as designated in a health club 28 contract. 29 "Health club" means any person, firm, corporation, organization, club or association whose primary 30 purpose is to engage in the sale of memberships in a program consisting primarily of physical exercise 31 with exercise machines or devices, or whose primary purpose is to engage in the sale of the right or 32 privilege to use exercise machines or devices. The term "health club" shall not include the following: (i) 33 bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, 34 Young Women's Christian Association, or similar organizations whose functions as health clubs are only 35 incidental to their overall functions and purposes; (ii) any private club owned and operated by its 36 members; (iii) any organization primarily operated for the purpose of teaching a particular form of 37 self-defense such as judo or karate; (iv) any facility owned or operated by the United States; (v) any 38 facility owned or operated by the Commonwealth of Virginia or any of its political subdivisions; (vi) 39 any nonprofit public or private school or institution of higher education; (vii) any club providing tennis 40 or swimming facilities located in a residential planned community or subdivision, developed in 41 conjunction with the development of such community or subdivision, and deriving at least 80 percent of 42 its membership from residents of such community or subdivision; and (viii) any facility owned and 43 operated by a private employer exclusively for the benefit of its employees, retirees, and family 44 members and which facility is only incidental to the overall functions and purposes of the employer's 45 business and is operated on a nonprofit basis. 46 "Health club contract" means an agreement whereby the buyer of health club services purchases, or 47 becomes obligated to purchase, health club services. 48 "Health club services" means and includes services, privileges, or rights offered for sale or provided 49 by a health club. 50 "Initiation fee" means a nonrecurring fee charged at or near the beginning of a health club 51 membership, and includes all fees or charges not part of the monthly fee. 52 "Monthly fee" means the total consideration, including but not limited to, equipment or locker rental, 53 credit check, finance, medical and dietary evaluation, class and training fees, and all other similar fees 54 or charges and interest, but excluding any initiation fee, to be paid by a buyer, divided by the total 55 number of months of health club service use allowed by the buyer's contract, including months or time 56 periods called "free" or "bonus" months or time periods and such months or time periods that are ENROLLED SB394ER 2 of 2 57 described in any other terms suggesting that they are provided free of charge, which months or time 58 periods are given or contemplated when the contract is initially executed. 59 "Out of business" means the status of a facility that is permanently closed and for which there is no 60 comparable alternate facility. 61 "Prepayment" means payment of any consideration for services or the use of facilities made prior to 62 the day on which the services or facilities of the health club are fully open and available for regular use 63 by the members. 64 "Relocation" means the provision of health club services by the health club that entered into the 65 membership contract at a location other than that designated in the member's contract. 66 § 59.1-296.2:2. Automated external defibrillator required. 67 Each health club location shall have a working automated external defibrillator |
| V.A.C § 60-20-110 | Other Requirements | 2018-02-19 | F. Required equipment and techniques. A dentist who administers deep sedation/general anesthesia shall be proficient in handling emergencies and complications related to pain control procedures, including the maintenance of respiration and circulation and immediate establishment of an airway and cardiopulmonary resuscitation. He shall have available the following equipment in sizes for adults or children as appropriate for the patient being treated and shall maintain it in working order and immediately available to the areas where patients will be sedated and treated and will recover: 11. External defibrillator (manual or automatic); |
| 6 VAC 15-40-405 | Mandate | 2017-02-15 | There shall be a minimum of one AED in each jail/lockup facility. |
| Virg. Code § 22.1-253.13:4 | Training | 2016-09-01 | Beginning with first-time ninth grade students in the 2016-2017 school year, requirements for the standard and advanced diplomas shall include a requirement to be trained in emergency first aid, cardiopulmonary resuscitation, and the use of automated external defibrillators, including hands-on practice of the skills necessary to perform cardiopulmonary resuscitation. |
| Va. Code Ann. § 8.01-225 | Good Samaritan | Any person who in good faith and without compensation, renders or administers CPR; cardiac defibrillation, including the use of an AED to any sick or injured person shall not be liable for acts or omissions resulting from the rendering of such emergency resuscitative treatments or procedures. Any person who operates an AED at the scene of an emergency, trains individuals to be operators of AEDs, or orders AEDs, shall be immune from civil liability for any personal injury that results from any act or omission in the use of an AED in an emergency where the person performing the defibrillation acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances. Any person who maintains an AED located on real property owned or controlled by such person shall be immune from civil liability for any personal injury that results from any act or omission in the use in an emergency of an AED located on such property. |
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.