AED Legal Analysis for Rhode Island
Effective August 1, 2017, all middle and high schools must provide and maintain AEDs on site.
Good Samaritan protection from liability for ordinary negligence (but not for gross, willful, or wanton negligence) is extended to rescuers who have received CPR/AED training; this protection also extends to the owners of the AED, the owner or lessor of the property where the emergency care is rendered, and CPR/AED trainers. Untrained users may not be entitled to immunity from liability.
All high school students must be trained in CPR/AED prior to graduation.
Facilities capable of holding 300 or more people shall have an AED on the premises. This includes educational facilities, government and public buildings, restaurants, retail establishments, malls, sports arenas, theaters, and more.
|R.I. Gen Laws - 23-6.5-2
|(a) As used in this chapter, "public place" means an enclosed area capable of holding three hundred (300) people or more and to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, government offices, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility. (b) Notwithstanding the provisions contained in §§5-50-12 or 16-21-33.1 relating to automated external defibrillators in health clubs and schools, any person who owns or operates a public place as defined in subsection (a) of this section shall provide and maintain: (1) On-site functional automated external defibrillators (AEDs) in quantities and types, deemed by the director of health, to be adequate to ensure ready and appropriate access for use during emergencies; and (2) At least one person who is properly trained in the operation and use of an AED. Training required by this chapter may be conducted by qualified personnel, including, but not limited to, municipal fire and police department employees.
|9 R.I. Gen. Laws Ann. § 9-1-34.
|No person who gratuitously renders emergency assistance in the nature of an AED to a person in need thereof will be liable for civil damages for any personal injuries which result from acts or omissions by such persons rendering the emergency care, which may constitute ordinary negligence; provided, however, that this immunity applies only to persons who have been trained in accordance with standards promulgated by either the American Heart Association or the American Red Cross. Property lessees and owners where the emergency assistance occurs as well as the owners of the actual life saving equipment shall enjoy immunity from liability.
|5 R.I. Gen. Laws Ann. § 5-50-12.
|Every health club registered with the department of attorney general pursuant to this chapter shall have at least one AED on the premises.
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.