AED Legal Analysis for District Of Columbia
Either an in-state licensed physician or the Fire and Emergency Medical Services Department shall oversee all aspects of AED program, including training and equipment maintenance.
Good Samaritan protection is extended to rescuers, persons or entities responsible for the AED site, AED users, trainers, and medical directors acting reasonably prudently, in good faith, and without compensation.
AEDs are required in all District parks. At least one AED is required in every school. Students in grades 9-12 are required to learn CPR/AED.
|Statute||Law Type||Effective Date||Abstract|
|DC ST § 44-232||Training Requirement; Physician Requirement; Registration Requirement; Other Requirements||2017-02-14||A person who or entity that acquires an AED shall ensure that: (1) Expected AED users receive training from a nationally recognized course in CPR and in the use of an AED, and that the users maintain their certification in CPR and AED use; (2) The defibrillator is maintained and tested according to the manufacturer's operational guidelines, and written records of the maintenance and testing are maintained; (3) A physician licensed in the District of Columbia shall oversee all aspects of the defibrillation program, including training, coordination with the Fire and Emergency Medical Services Department (“Department”), protocol approval, AED deployment strategies, and equipment maintenance plan, and shall review each case in which the AED is used by the program; and (4) Any person who uses an AED to provide emergency care or treatment on a person in cardiac arrest shall activate the Department's emergency medical service system as soon as possible, and shall report any clinical use of the AED to the licensed physician or medical authority. Data on AED use shall be submitted to the Department and reviewed by the Department. Any person or entity who acquires an AED shall notify an agent of the Fire Chief, the EMS Medical Director, and the emergency communications or vehicle dispatch center of the existence of the AED and the Department of the existence, location, and type of AED. If an AED is removed, the Department shall be notified. The articles below were enacted July, 2016: (1) Establish procedures for responding to a medical emergency involving cardiac arrest, including the appropriate use of CPR and an AED; (2) Have at least one AED on-site at the school; (3) Have, in coordination with the Department of General Services, a maintenance schedule established for each AED that is in accordance with the manufacturer’s guidelines and includes: (A) Periodic testing; (B) Periodic inspection; and (C) Annual maintenance; (4) Ensure that each AED at the school is appropriate for use on children and adults; (5) Have had the following individuals successfully complete a CPR and AED program; provided, that individuals newly hired for the following positions shall be required to successfully complete a CPR and AED program within 60 days after their hire date: (A) Athletic coach, coaching assistant, and athletic trainer; (B) Athletic director; (C) Team or game physician; (D) School nurse; and (E) Every anticipated AED user employed by the school, as designated by the school; (6) Require that at least one individual trained in a CPR and AED program be present during the school's hours of operation and during any athletic activity; and (7) Inform all school employees, at least annually, of the location of each AED in the school. (b)(l) The Mayor shall: (A) Establish baseline requirements and guidelines for a CPR and AED program; (B) Approve each existing CPR and AED program that the Mayor determines meets or exceeds the baseline requirements and guidelines for a CPR and AED program, and any new CPR and AED programs established pursuant to this act; provided, that the Mayor shall approve the existing programs listed in section 3(a)(1) and the program offered by the Fire and Emergency Medical Services Department pursuant to section 1(b-1) of An Act To classify the officers and members of the fire department of the District of Columbia, and for other purposes, approved June 20, 1906 (34 Stat. 314; D.C. Official Code § 5-401), as meeting the requirements of this section; (C) Require each school to maintain a written record of the periodic testing, inspection, and maintenance of each AED; and (D) Require the successful completion of a CPR and AED program by each employee in a position listed in subsection (a)(5) of this section. (2) A CPR and AED program may be conducted by a private or public entity.|
|DC ST § 38-824.02||Training Requirement||2016-09-01||(b-1) Public schools and public charter schools shall provide instruction in cardiopulmonary resuscitation to students in Grades 9 through 12 as follows: (1) Beginning with the 2016-2017 school year, instruction in cardiopulmonary resuscitation shall be included in at least one health class necessary for graduation. (2) The instruction required by this subsection shall: (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) The instruction required by this section may be provided by the public school or charter school directly or the public school or charter school may arrange for the instruction to be provided by available community-based providers. (4) The instruction required by this subsection is not required to be provided by a teacher. (5) A teacher providing the instruction under this subsection is not required to be a certified trainer of cardiopulmonary resuscitation. (6) A student is not required to earn certification in cardiopulmonary resuscitation to successfully complete the instruction for the purposes of this subsection. (7) The instruction offered by the Fire and Emergency Medical Services Department pursuant to section 1(b-1) of An Act To classify the officers and members of the fire department of the District of Columbia, and for other purposes, approved June 20, 1906 (34 Stat. 314; D.C. Official Code § 5-401), shall be deemed to meet the requirements of this subsection.|
|DC ST § 44-233||Good Samaritan||The law limits civil liability under certain circumstances of use, or an attempted use, of an AED. The immunity from civil liability extends to the person or entity responsible for the site where the AED is located.|
|DC ST § 44-232.01||Mandate||Requires every recreational facility (as defined by the statute) to have an AED.|
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.