AED Legal Analysis for Massachusetts

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Summary

The possessor of an AED is responsible for training expected AED users in CPR/AED; for notifying EMS of the existence and location of the AED; for ensuring the AED is maintained and tested in accordance with the manufacturer's operational guidelines; and for establishing a medical oversight program whereby an in-state licensed physician (practicing in or adjacent to the emergency medical services region where the AED program is located) ensures the above training, notification, and AED maintenance requirements are met; and for ensuring that EMS is notified after the AED is used.

Good Samaritan protection is provided to "AED providers" (individuals who are certified in CPR/AED) who in good faith (and without gross negligence or willful or wanton misconduct) use the AED provided by an AED possessor who has complied with the above legal requirements.

Health clubs must have an AED and at least one employee trained in CPR/AED present during business hours.

Dentists who administer anesthesia and long-term facilities (e.g. nursing homes) are required to have an AED on site.

Effective July 1, 2018: Schools are required to have at least one AED and at least one staff member certified in CPR/AED at each location.

Related Laws

Statute Law Type Effective Date Abstract
M.G.L.A. 112 § 12V 1/2 Good Samaritan; Training Requirement; Physician Requirement; Registration Requirement 2020-03-26 (a) As used in this section, the following words, shall, unless the context requires otherwise, have the following meanings: — <br> “AED” a semi-automatic or automatic external defibrillator.<br><br> “AED agency”, a person that (i) possesses an AED that is maintained and tested in accordance with its manufacturer’s guidelines, (ii) permits an AED provider to use an AED in its possession, (iii) requires that each AED provider, in each instance of responding to a request for emergency care or treatment, contacts the police or emergency medical services in the city or town in which they are located and provides a report to its AED medical director, (iv) prior to implementation of its public access defibrillation program, notifies the local police and the emergency medical services provider of the number, type and location of the AED in its possession, and (v) contracts with an AED medical director, who shall be responsible for ensuring that the AED agency complies with AED maintenance, AED provider training and notice requirements.<br><br> “AED medical director”, a physician practicing in or adjacent to the regional emergency medical service region of the city or town in which the AED agency with which he contracts is located, who (i) is an emergency physician or cardiologist or a physician having specialized training and knowledge concerning public access defibrillation, (ii) is knowledgeable about emergency medical services protocols established pursuant to chapter 111C, (iii) is familiar with cardiopulmonary resuscitation and AED action sequences, (iv) coordinates the activities of the AED agency with which he contracts and its AED providers, with the protocols described and the action sequences described in this section, and (v) evaluates the activities of the AED agency with which he contracts.<br><br> “AED provider”, a person (i) who has successfully completed a course in cardiopulmonary resuscitation and in the use of an AED that meets or exceeds the standards established by the American Heart Association or the American National Red Cross and (ii) whose evidence of successful course completion has not expired.<br><br>“Public access defibrillation program”, a program sponsored by an AED agency, using AED providers and an AED medical director, which makes automatic external defibrillation and AED providers available to the public. “Public access defibrillation program”, a program sponsored by an AED agency, using AED providers and an AED medical director, which makes automatic external defibrillation and AED providers available to the public. (b) Any AED provider who in good faith renders emergency cardiopulmonary resuscitation or automatic external defibrillation, in accordance with his training through a public access defibrillation program, to any person who apparently requires cardiopulmonary resuscitation or defibrillation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the rendering of emergency cardiopulmonary resuscitation or defibrillation. (c) An AED medical director and an AED agency who in good faith participates in a public access defibrillator program shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from such participation.<br><br>An AED agency: i) possesses an AED that is maintained and tested in accordance with its manufacturer's guidelines, (ii) permits an AED provider to use an AED in its possession, (iii) requires that each AED provider, in each instance of responding to a request for emergency care or treatment, contacts the police or emergency medical services in the city or town in which they are located and provides a report to its AED medical director, (iv) prior to implementation of its public access defibrillation program, notifies the local police and the emergency medical services provider of the number, type and location of the AED in its possession, and (v) contracts with an AED medical director, who shall be responsible for ensuring that the AED agency complies with AED maintenance, AED provider training and notice requirements. Any AED provider who in good faith uses an AED, in accordance with his training through a public access defibrillation program, to any person who apparently requires cardiopulmonary resuscitation or defibrillation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the rendering of emergency cardiopulmonary resuscitation or defibrillation.
M.G.L.A 71, § 54C Other Requirements 2018-07-01 Each school district, vocational district, charter school, approved private day or residential school and collaborative school shall provide and maintain at least 1 automated external defibrillator, AED, on site at each school facility where instruction is provided. Each school shall have on staff a person who is an AED provider having current certification in a training course in cardiopulmonary resuscitation and in the use of an AED in accordance with the standards established by the American Heart Association or the American National Red Cross. The school administration shall ensure that an AED and AED provider is readily available at any school-sponsored athletic event.
234 CMR 6.15 Mandate 2017-02-15 Requires all dentists who administer local anesthesia to have an AED.
105 CMR 150.002 Mandate 2017-02-15 Requires all licensed long-term care facilities (nursing homes) to have an AED.
M.G.L.A. 93 § 78A Mandate Requires all health clubs to have an AED at the facility.

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.