AED Legal Analysis for West Virginia
Summary
The acquirer of an AED must ensure that anticipated users of the AED are trained in CPR/AED; must register the AED program with EMS and notify EMS of the AED's location; must appoint a licensed physician medical director to oversee the AED program (in-state medical director residency is not required); and must maintain and test the AED according to the manufacturer's guidelines and keep written records of the maintenance and testing.
Good Samaritan protection is extended to untrained rescuers as well as those who are in compliance with the above registration and training law.
All students must be instructed in CPR prior to high school graduation: the required CPR training may, but is not required to, include training in the use of an AED.
All mobile dental facilities are required to have an AED if Class 2, 3 or 4 anesthesia is used.
All quarries/coal mines must have first aid equipment including an AED.
By the 2021-2022 school year, AEDs will be required on the school or event grounds during athletic events and practices and that appropriate school sports personnel be trained in the use of the AED.
All secondary school sporting events are required to have an AED and an emergency action plan at the event.
Good Samaritan protection is extended to untrained rescuers as well as those who are in compliance with the above registration and training law.
All students must be instructed in CPR prior to high school graduation: the required CPR training may, but is not required to, include training in the use of an AED.
All mobile dental facilities are required to have an AED if Class 2, 3 or 4 anesthesia is used.
All quarries/coal mines must have first aid equipment including an AED.
By the 2021-2022 school year, AEDs will be required on the school or event grounds during athletic events and practices and that appropriate school sports personnel be trained in the use of the AED.
All secondary school sporting events are required to have an AED and an emergency action plan at the event.
Related Laws
| Statute | Law Type | Effective Date | Abstract |
|---|---|---|---|
| W. Va. Code §18-2-25c | Other Requirements | 2020-09-01 | Enr. CS for HB 4497 1 1 AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, 2 designated §18-2-25c, relating to requiring the West Virginia Secondary School Activities 3 Commission to require that an automated external defibrillator device, as well as a posted 4 emergency action plan, be present on the school or event grounds during the duration of 5 all athletic events and practices under the control, supervision and regulation of the 6 commission, and that appropriate school sports personnel be trained in the use of the 7 device; requiring that rules be proposed for promulgation by the state board of education; 8 providing that no individual or entity be held liable for civil damages when the individual or 9 entity in good faith attempted to comply with certain requirements; and naming the law 10 The Alex Miller Law. Be it enacted by the Legislature of West Virginia: ARTICLE 2. STATE BOARD OF EDUCATION. §18-2-25c. Defibrillator required at certain events. 1 (a) In memory of Alex Miller, a Roane County football player who collapsed and died during 2 a school football game, this law shall be known as The Alex Miller Law. 3 (b) By the 2021-2022 school year, the West Virginia Secondary School Activities 4 Commission shall require that an automated external defibrillator device, as well as a posted 5 emergency action plan, be present on the school or event grounds during the duration of all 6 athletic events and practices under the control, supervision, and regulation of the commission, 7 and that appropriate school sports personnel be trained in the use of the device. 8 (c) The commission shall propose rules for promulgation by the State Board in accordance 9 with §29A-3B-1 et seq. of this code to implement the provisions of this section including proximity. 10 (d) No individual, school, county board of education, or other entity shall be held liable for 11 civil damages when such individual, school, county board of education, or other entity in good 12 faith attempted to comply with the requirements of this section or rules promulgated pursuant 13 thereto. |
| W.Va. Code §22A-2-59 | Other Requirements | 2018-02-19 | (a) Each operator of an underground coal mine shall maintain a supply of first-aid equipment at each of the following locations: (1) At the mine dispatcher’s office and on the surface in close proximity to the mine entry. (2) At the bottom of each regularly traveled slope or shaft; however, where the bottom of such slope or shaft is not more than one thousand feet from the surface, such first-aid supplies may be maintained on the surface at the entrance of the mine. (3) At a point in each working section not more than five hundred feet outby the active working face or faces. (b) The first-aid equipment required to be maintained shall include at least the following: (16) One automated external defibrillator (AED) unit. (c) All first-aid supplies required to be maintained under the section shall be stored in suitable sanitary, dust-tight, moisture-proof containers and such supplies shall be accessible to the miners. (d) No first-aid material shall be removed or diverted without authorization, except in case of accident in or about the mine. (e) On all occasions when a person becomes sick or injured underground to the extent that he or she must go to the surface, he or she shall be accompanied by one or more persons. |
| W.Va. Code 5-14-5 | Other Requirements | 2018-02-19 | 5.1. A mobile dental facility must include: (j) Automated external defibrillator if Class 2, 3 or 4 anesthesia is used in the mobile dental facility; 5.2. A portable dental unit must include: (i) Automated external defibrillator if Class 2, 3 or 4 anesthesia is used with the portable dental unit. |
| W. Va. Code Ann. § 16-4D-4 | Good Samaritan | 2017-02-15 | A person is not liable for civil damages as a result of any act or omission in rendering emergency medical care or treatment involving the use of an AED if the care or treatment does not amount to gross negligence, if the person/entity is in compliance with the AED registration and training law, and if the person is an anticipated operator of an AED who gratuitously and in good faith rendered emergency medical care, other than in the ordinary course of the person's employment or profession as a health care provider or the person is an unanticipated operator who gratuitously and in good faith rendered emergency medical care. |
| W. Va. Code Ann. § 16-4D-3 | Registration Requirement; Training Requirement | 2017-02-15 | An entity providing an early defibrillation program shall: (1) Register the program with the Office of Emergency Medical Services, identifying the placement of AEDs, training of anticipated operators, preplanned EMS system coordination, designation of a medical director, maintenance of AED equipment and reports of AED utilization; (2) Require the anticipated operator of an AED to receive appropriate training in cardiopulmonary resuscitation, referred to as “CPR”, in the operation of an AED and in the determination of advance directives from the American Heart Association, American Red Cross, any other nationally recognized course in CPR and AED; (3) Maintain and test the AED in accordance with the manufacturer's guidelines and keep written records of this maintenance and testing; (4) Designate a medical director for the coordination of the program, which shall include, but not be limited to, training, coordinating with EMS, creating AED deployment strategies and reviewing each operation of an AED;(5) Notify the local EMS system and public safety answering point or other appropriate emergency dispatch center of the existence of an entity's early defibrillation program, the location of the program and the program's plan for coordination with the EMS system. |
| W. Va. Code St. R. § 5-14-5 | Mandate | 2017-02-15 | Requires all mobile dental facilites to have an AED if Class 2, 3 or 4 anesthesia is used. |
| W. Va. Code St. R. § 56-20-20 | Mandate | 2017-02-15 | Requires all quarries to have first aid equipment, including an AED. |
| W. Va. Code § 18-2-9 | Training | 2015-07-01 | (b) The state board shall cause to be taught in all of the public schools of this state the subject of health education, including instruction in any of the grades six through twelve as considered appropriate by the county board, on: . . . (4) education concerning cardiopulmonary resuscitation and first aid, including instruction in the care for conscious choking, and recognition of symptoms of drug or alcohol overdose. The course curriculum requirements and materials for the instruction shall be adopted by the state board by rule in consultation with the Department of Health and Human Resources. The state board shall prescribe a standardized health education assessment to be administered within health education classes to measure student health knowledge and program effectiveness. * * * (d) After July 1, 2015, the required instruction in cardiopulmonary resuscitation in subsection (b) of this section shall include at least thirty minutes of instruction for each student prior to graduation on the proper administration of cardiopulmonary resuscitation (CPR) and the psychomotor skills necessary to perform cardiopulmonary resuscitation. The term "psychomotor skills" means the use of hands-on practicing to support cognitive learning. Cognitive-only training does not qualify as "psychomotor skills". The CPR instruction must be based on an instructional program established by the American Heart Association or the American Red Cross or another program which is nationally recognized and uses the most current national evidence-based Emergency Cardiovascular Care guidelines and incorporates psychomotor skills development into the instruction. A licensed teacher is not required to be a certified trainer of cardiopulmonary resuscitation to facilitate, provide or oversee such instruction. The instruction may be given by community members, such as emergency medical technicians, paramedics, police officers, firefighters, licensed nurses and representatives of the American Heart Association or the American Red Cross. These community members are encouraged to provide necessary training and instructional resources such as cardiopulmonary resuscitation kits and other material at no cost to the schools. The requirements of this subsection are minimum requirements. A local school district may offer CPR instruction for longer periods of time and may enhance the curriculum and training components, including, but not limited to, incorporating into the instruction the use of an automated external defibrillator (AED): Provided, That any instruction that results in a certification being earned must be taught by an authorized CPR/AED instructor. |
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.