AED Legal Analysis for Washington
Summary
An AED acquirer must ensure expected users receive CPR/AED training, maintain and test the AED according to the manufacturer's guidelines, notify EMS of the location of the AED, and provide for a licensed physician medical direction of the AED program.
An AED/defibrillator is required in all dental offices that administer anesthesia or sedatives. Good Samaritan protection from civil immunity is provided for rescuers, as well as for "all other persons and entities providing services under this section" (so likely AED acquirers and physicians directing AED programs as well).
School districts must provide CPR/AED training to all high school students prior to graduation.
An AED/defibrillator is required in all dental offices that administer anesthesia or sedatives. Good Samaritan protection from civil immunity is provided for rescuers, as well as for "all other persons and entities providing services under this section" (so likely AED acquirers and physicians directing AED programs as well).
School districts must provide CPR/AED training to all high school students prior to graduation.
Related Laws
| Statute | Law Type | Effective Date | Abstract |
|---|---|---|---|
| Wash. Rev. Code RCW 28A.230.179 | Training | 2018-02-19 | (1) Each school district that operates a high school must offer instruction in cardiopulmonary resuscitation to students as provided in this section. Beginning with the 2013-14 school year, instruction in cardiopulmonary resuscitation must be included in at least one health class necessary for graduation. (2) Instruction in cardiopulmonary resuscitation under this section must: (a) Be an instructional program developed by the American heart association or the American red cross or be nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for cardiopulmonary resuscitation; (b) Include appropriate use of an automated external defibrillator, which may be taught by video; and (c) Incorporate hands-on practice in addition to cognitive learning. (3) School districts may offer the instruction in cardiopulmonary resuscitation directly or arrange for the instruction to be provided by available community-based providers. The instruction is not required to be provided by a certificated teacher. Certificated teachers providing the instruction are not required to be certified trainers of cardiopulmonary resuscitation. A student is not required to earn certification in cardiopulmonary resuscitation to successfully complete the instruction for the purposes of this section. |
| Wash. Admin. Code - WAC 246-817-722 | Other Requirements | 2018-02-19 | (1) Every dental office in the state of Washington that administers minimal, moderate, or deep sedation, or general anesthesia, as defined in WAC 246-817-710, must have an automated external defibrillator (AED) or defibrillator. (2) The dentist and staff must have access to the AED or defibrillator in an emergency, and it must be available and in reach within sixty seconds. (3) A dental office may share a single AED or defibrillator with adjacent businesses if it meets the requirements in this section. |
| Wash. Admin. Code - § 246-817-770 | 2018-02-19 | (5) Equipment and emergency medications: All offices in which general anesthesia (including deep sedation) is administered must comply with the following equipment standards: (g) Ancillary equipment which must include the following: (xi) Defibrillator or automatic external defibrillator (AED) available and in reach within sixty seconds from any area where general or deep anesthesia care is being delivered. Multiple AEDs or defibrillators may be necessary in large facilities. The AED or defibrillator must be on the same floor. (In dental office settings where sedation or general anesthesia are not administered, AEDs or defibrillators are required as defined in WAC 246-817-722.) | |
| Wash. Rev. Code Ann. § 70.54.310. | Registration; Training; Good Samaritan | As used in this section, “defibrillator” means a semiautomatic external defibrillator as prescribed by a physician licensed or an osteopath licensed. A person or entity who acquires a defibrillator shall ensure that: (a) Expected defibrillator users receive reasonable instruction in defibrillator use and cardiopulmonary resuscitation by a course approved by the department of health; (b) The defibrillator is maintained and tested by the acquirer according to the manufacturer's operational guidelines; (c) Upon acquiring a defibrillator, medical direction is enlisted by the acquirer from a licensed physician in the use of the defibrillator and cardiopulmonary resuscitation; (d) The person or entity who acquires a defibrillator shall notify the local emergency medical services organization about the existence and the location of the defibrillator; and (e) The defibrillator user shall call 911 or its local equivalent as soon as possible after the emergency use of the defibrillator and shall assure that appropriate follow-up data is made available as requested by emergency medical service or other health care providers. A person who uses a defibrillator at the scene of an emergency and all other persons and entities providing services under this section are immune from civil liability for any personal injury that results from any act or omission in the use of the defibrillator in an emergency setting. The immunity from civil liability does not apply if the acts or omissions amount to gross negligence or willful or wanton misconduct. | |
| Wash. Rev. Code Ann. § 4.24.300. | Good Samaritan | Any person, including but not limited to a volunteer provider of emergency or medical services, who without compensation or the expectation of compensation renders emergency care at the scene of an emergency or who participates in transporting, not for compensation, therefrom an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons |
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.