AED Legal Analysis for New Mexico
Summary
An AED acquirer shall ensure there is a CPR/AED "trained targeted responder" to oversee the AED program; to ensure that the AED is maintained and tested according to the manufacturer's guidelines; and to ensure that the AED is registered with local EMS and the department.
AEDs must be semi-automatic and require the responder to deliver the shock by pushing the shock button. AED programs that want a fully automated AED may petition the NM EMS Bureau for a waiver.
An in-state licensed physician is required to provide AED program medical oversight services. In-state medical director residency is not required by the regulations.
Good Samaritan protection is extended to rescuers, whether trained or untrained; AED acquirers; AED trainers; "trained targeted responders"; and owners of property where an AED is located, provided statutory requirements for training, maintenance, oversight, etc. are followed, and they do not act with willful, wanton or reckless behavior.
Students in grades 8-12 must take a health class with a CPR/AED training component in order to graduate.
AEDs must be semi-automatic and require the responder to deliver the shock by pushing the shock button. AED programs that want a fully automated AED may petition the NM EMS Bureau for a waiver.
An in-state licensed physician is required to provide AED program medical oversight services. In-state medical director residency is not required by the regulations.
Good Samaritan protection is extended to rescuers, whether trained or untrained; AED acquirers; AED trainers; "trained targeted responders"; and owners of property where an AED is located, provided statutory requirements for training, maintenance, oversight, etc. are followed, and they do not act with willful, wanton or reckless behavior.
Students in grades 8-12 must take a health class with a CPR/AED training component in order to graduate.
Related Laws
| Statute | Law Type | Effective Date | Abstract |
|---|---|---|---|
| N.M. Stat 22-13-1 | Training Requirements | 2018-02-15 | In ninth through twelfth grades, instruction that meets academic content and performance standards shall be provided in health education. All health education courses shall include: lifesaving skills training that follows nationally recognized guidelines for hands-on psychomotor skills cardiopulmonary resuscitation training. Students shall be trained to recognize the signs of a heart attack, use an automated external defibrillator and perform the Heimlich maneuver for choking victims. The secretary shall promulgate rules to provide for the: (a) use of the following instructors for the training provided pursuant to this paragraph: 1) school nurses, health teachers and athletic department personnel as instructors; and 2) any qualified persons volunteering to provide training at no cost to the school district that the school district determines to be eligible to offer instruction pursuant to this paragraph; and (b) approval of training and instructional materials related to the training established pursuant to this paragraph in both English and Spanish. |
| N.M. Admin. Code 7.27.8.9 | Other Requirements | 2017-12-12 | AED programs shall acquire and use semi-automatic cardiac defibrillators. These devices require the responder to deliver the shock by pushing the shock button. AED programs that want a fully automated defibrillator may petition the bureau for a waiver to use an automated defibrillator. |
| N.M. Stat. Ann. § 24-10C-7 | Good Samaritan | 2017-02-15 | The law limits civil liability under certain circumstances of use, or an attempted use, of an AED. A person that acquires or makes available to the public an AED and the owner, manager or operator of the property or facility where the AED is located are not be subject to civil liability, provided that they have acted with reasonable care and in compliance with the requirements of the act. |
| N.M. Admin. Code 7.27.8 | Physician Requirement | 2017-02-15 | Requires a physician licensed in New Mexico to oversee the AED program. |
| N.M. Stat. Ann. § 24-10C-5 | Other | A person may acquire an AED if the person has met all the requirements of this Act. | |
| N.M. Stat. Ann. § 24-10C-4 | Training; Registration | A person that acquires an AED shall ensure that a trained targeted responder is designated to oversee all aspects of the AED program and the trained targeted responders receive appropriate training in cardiopulmonary resuscitation and in the use of an AED by a nationally recognized course in cardiopulmonary response and AED use approved by the department or other training programs authorized by the department. The AED program is registered with the department. |
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.