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AED Laws

Updated January 2, 2009

Each year, more than 250,000 Americans die from sudden cardiac arrest. According to medical experts, the key to survival is timely initiation of a "chain of survival", including CPR (cardiopulmonary resuscitation). Because of recent technological advances a portable lifesaving device, called an "automated external defibrillator" or "AED" has recently become an important medical tool. Trained non-medical personnel can use these simplified electronic machines to treat a person in cardiac arrest. The AED device "guides the user through the process by audible or visual prompts without requiring any discretion or judgment."1 The American Heart Association notes that at least 20,000 lives could be saved annually by prompt use of AEDs. Ultimately, with broad deployment of AEDs among trained responders, as many as 50,000 deaths due to sudden cardiac arrest could be prevented each year.

Advocates of this approach envision placement of AEDs in public buildings, transportation centers and even large offices and apartment buildings. Meanwhile, the commercial market has expanded substantially, with machines that once sold for $3,000 and up now advertised at under $1,000 for small office, personal or home use.

State Legislators have become actively involved with this issue in the past six years. Most commonly, the recent state laws encourage broader availability, rather than creating new regulatory restrictions. Most of the bills enacted from 1997 to 2001 included one or more provisions to:

  • Establish legislative intent that an "automatic external defibrillator may be used by any person for the purpose of saving the life of another person in cardiac arrest."
  • Encourage or require training in the use of AED devices by potential users.
  • Require AED devices to be maintained and tested to manufacturer's standards.
  • Create a registry of the location of all such defibrillators, or notification of a local emergency medical authority.
  • Allow a "Good Samaritan" exemption from liability for any individual who renders emergency treatment with a defibrillator.
  • Authorize a state agency to establish more detailed requirements for training and registration.