AED Legal Analysis for Montana
CPR/AED training is required for each authorized user.
The acquirer must also provide for EMS notification of an emergency plan and the AED's location, and for medical oversight and maintenance of the AED.
The AED must be maintained, tested, and operated according to manufacturer's guidelines and written records of all maintenance and testing performed on the AED must be maintained.
AED program medical oversight services must be provided by an in-state licensed physician. In-state medical director residency is not required.
Good Samaritan protection is provided for users and entities in compliance with the above requirements.
|The entity responsible for the AED program is immune from civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if applicable provisions of this part and rules adopted by the department pursuant to 50-6-503 have been met by the individual or entity.
|MCA 50-6-502; Mont.Admin.R. 37.104.601 et seq
|Training Requirement; Registration Requirement; Other Requirements
|An entity that acquires an AED must establish a program for the use of an AED that includes a written plan that specifies: (a) where the AED will be placed; (b) the individuals who are authorized to operate the AED; (c) how AED use will be coordinated with an emergency medical service providing services in the area where the AED is located; (d) the medical oversight that will be provided; (e) the maintenance that will be performed on the AED; (f) records that will be kept by the program; (g) reports that will be made of AED use; and (h) other matters as specified by the department. An entity must also ensure that i) before using the AED, an individual authorized to operate the AED receives appropriate training approved by the department in cardiopulmonary resuscitation and the proper use of an AED; ii) maintain, test, and operate the AED according to the manufacturer's guidelines and maintain written records of all maintenance and testing performed on the AED; iii)each time an AED is used for an individual in cardiac arrest, require that an emergency medical service is summoned to provide assistance as soon as possible and that the AED use is reported to the department as required by the written plan; iv) before allowing any use of an AED, provide the following to all licensed emergency medical services and any public safety answering point or emergency dispatch center providing services to the area where the AED is located: (a) a copy of the plan prepared pursuant to this section; and (b) written notice, in a format prescribed by department rules, stating: (i) that an AED program is established by the entity; (ii) where the AED is located; and (iii) how the use of the AED is to be coordinated with the local emergency medical service system.
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.