AED Legal Analysis for Utah
The seller of an AED shall notify the buyer in writing of the EMS reporting requirements.
The AED owner or lessee shall notify EMS of the location of the AED.
Good Samaritan protection from civil liability is extended to good faith rescuers, AED acquirers, the owner or manager of the premises where the AED is located, CPR/AED trainers, and physicians who oversee the AED program or provide prescriptions for AEDs, provided the person acts as an ordinary, reasonably prudent person would have acted under the same circumstances.
|Statute||Law Type||Effective Date||Abstract|
|11-63-101||Other Requirements||2019-03-25||11-63-102. Definitions. As used in this chapter: (1) "Commercial trampoline" means a device that: (a) incorporates a trampoline bed; and (b) is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics in a trampoline park. (2) "Emergency response plan" means a written plan of action for the reasonable and appropriate contact, deployment, and coordination of services, agencies, and personnel to provide the earliest possible response to an injury or emergency. (3) "Inherent risk" means a danger or condition that is an integral part of an activity occurring at a trampoline park. (4) "Inspection" means a procedure that an inspector conducts to: (a) determine whether a trampoline park facility, including any device or material, is constructed, assembled, maintained, tested, and operated in accordance with this chapter and the manufacturer's recommendations; (b) determine the operational safety of a trampoline park facility, including any device or material; and (c) determine whether the trampoline park's policies and procedures comply with this chapter. (5) "Inspector" means an individual who: (a) conducts an inspection of a trampoline park to certify compliance with this chapter and industry safety standards; and (b) (i) is certified by: (A) an organization that develops and publishes consensus standards for a wide range of materials, products, systems, and services that are used for trampolines; or (B) an organization that promotes trampoline park safety and adopts the standards described in Subsection (5)(b)(i)(A); (ii) represents the insurer of the trampoline park; (iii) represents or is certified by a department or agency, regardless of whether the agency is located within the state, that: (A) inspects amusement and recreational facilities and equipment; and (B) certifies and trains professional private industry inspectors through written testing and continuing education requirements; or (iv) represents an organization that the United States Olympic Committee designates as the national governing body for gymnastics. (6) "Local regulating authority" means the business licensing division of: (a) the city, town, or metro township in which the trampoline park is located; or (b) if the trampoline park is located in an unincorporated area, the county. (7) "Operator" means a person who owns, manages, or controls or who has the duty to manage or control the operation of a trampoline park. (8) "Participant" means an individual that uses trampoline park equipment. (9) "Trampoline bed" means the flexible surface of a trampoline on which a user jumps or bounces. (10) "Trampoline court" means an area of a trampoline park comprising: (a) multiple commercial trampolines; or (b) at least one commercial trampoline and at least one associated foam or inflatable bag pit. (11) "Trampoline park" means a place of business that offers the recreational use of a trampoline court for a fee. 11-63-103. Exemptions. This chapter does not apply to: (1) a playground that a school or local government operates, if: (a) the playground is an incidental amenity; and (b) the operating entity does not primarily derive revenue from operating the playground for a fee; (2) a gymnastics, dance, cheer, or tumbling facility where: (a) the majority of activities are based in training or rehearsal and not recreation; (b) the facility derives at least 80% of revenues through supervised instruction or classes; and (c) the student-coach or student-instructor ratio is based on age, skill level, and number of students; or (3) equipment used exclusively for exercise, an inflatable ride, or an inflatable bounce house. 11-63-201. Municipal or county business license required. To operate a trampoline park the operator of a trampoline park shall obtain and maintain, conditioned upon compliance with this chapter: (1) if the trampoline park is located within an incorporated municipality, a municipal business license authorized under Section 10-1-203; or (2) if located within the unincorporated area of a county, a county business license authorized under Section 17-53-216. 11-63-303. Trampoline park employee training and equipment. An operator shall ensure that, during all hours of operation: (1) at least one trampoline park employee is working onsite who is certified in first aid andCPR; and (2) the trampoline park has an operable automated external defibrillator.|
|Utah Code Ann. § 26-8b-202||Good Samaritan||2017-02-15||The law limits civil liability under certain circumstances of use, or an attempted use, of an AED. Any person or entity that in good faith and without compensation renders emergency care by the use of an AED is immune from civil liability for any personal injury as a result of any act if the person acts as an ordinary, reasonably prudent person would have acted under the same circumstances. The immunity from civil liability for any personal injury includes the person or entity responsible for the location where the AED is located or used.|
|Utah Code Ann. § 26-8b-201||Training||2009-01-01||A person may use an AED on another person without a license, certificate, or other governmental authorization if the person reasonably believes that the other person is in sudden cardiac arrest.|
|Utah Code Ann. § 26-8a-601||Good Samaritan||A licensed physician, physician's assistant, or licensed registered nurse who, gratuitously and in good faith, gives oral or written instructions to any of the following is not liable for any civil damages as a result of issuing the instructions for a person who uses a fully automated external defibrillator.|
|Utah Code Ann. § 26-8b-302||Registration||A person in the business of selling or leasing an AED shall, at the time the person provides, sells, or leases an AED to another person, notify the other person, in writing, of the reporting requirements.|
|Utah Code Ann. § 26-8b-301||Registration||A person who owns or leases an AED shall report the person's name, address, and telephone number, and the exact location of the AED, in writing or by a web-based AED registration form, if available, to the emergency medical dispatch center that provides emergency dispatch services for the location where the AED is installed.|
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.