AED Legal Analysis for South Carolina
AED programs must utilize a licensed physician, surgeon, physician’s assistant, nurse practitioner or nurse as an “AED liaison” to provide medical oversight services. Neither in-state licensure nor residency are required.
Good Samaritan protection extends to AED trainers, rescuers, and acquirers who meet the above requirements.
AEDs must be placed in high schools, and all expected users must be trained in CPR/AED. Additionally, all students in grades 9-12 must be trained in CPR/AED.
|Statute||Law Type||Effective Date||Abstract|
|S.C. Code - § 59-32-30||2017-09-01||(A) Pursuant to guidelines developed by the board, each local school board shall implement the following program of instruction: (7) At least one time during the entire four years of grades nine through twelve, each student shall receive instruction in cardiopulmonary resuscitation (CPR), which must include, but not be limited to, hands-only CPR and must include awareness in the use of an automated external defibrillator (AED). Each school district shall use a program that incorporates the instruction of the psychomotor skills necessary to perform CPR developed by the American Heart Association, the American Red Cross, or an instructional program that is nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for CPR and awareness in the use of an AED. Local and statewide school districts shall coordinate with entities that have the experience and necessary equipment for the instruction of CPR and awareness in the use of AEDs; provided, however, that virtual schools may administer the instruction virtually and are exempt from any in-person instructional requirements. A school district must adopt a policy providing a waiver for this requirement for a student absent on the day the instruction occurred, a student with a disability whose individualized education program indicates such student is unable to complete all or a portion of the hands-only CPR requirement, or a student whose parent or guardian completes, in writing, a form approved by the school district opting out of hands-only CPR instruction and AED awareness. The State Board of Education shall incorporate CPR training and AED awareness into the South Carolina Health and Safety Education Curriculum Standards and promulgate regulations to implement this section. Students who have already completed the requisite health course will not be required to take the course a second time. The State Department of Education may include language from any section of this act in the South Carolina Health and Safety Education Curriculum Standards. School districts must begin complying with the provisions of this act no later than the 2017-2018 school year.|
|S.C. Code Ann. § 59-17-155||Mandate||2008-06-05||Each high school must have an AED.|
|S.C. Code Ann. § 44-76-40||Good Samaritan||2008-05-14||Any person or entity acting in good faith and gratuitously shall be immune from civil liability for the use of an AED unless the person was grossly negligent in the use. A person or entity acquiring an AED and meeting the requirements of an AED liaison meeting the requirements shall be immune from civil liability for the use of an AED by any person or entity.|
|S.C. Code Ann. § 44-76-30||Training||2008-05-14||A person or entity that acquires an AED shall require its designated AED users to have current training in CPR and AED use by the American Heart Association, American Red Cross, American Safety and Health Institute, or National Safety Council, or training from a program that meets or exceeds the training standards of these organizations; employ or obtain a health care professional to serve as its AED liaison; and have in place an AED program approved by its AED liaison which includes CPR and AED training, AED protocol or guidelines, AED deployment strategies, and an AED equipment maintenance plan.|
|S.C. Code Ann. § 44-76-20||Training||"Designated AED user” means a person identified by the person or entity acquiring an AED who has received training in the use of 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.