Louisiana AED Law

S.B. 100 - Passed 1999

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Regular Session, 1999
SENATE BILL NO. 100 (DUPLICATE OF HOUSE BILL NO. 245)
BY SENATOR HINES AND REPRESENTATIVE DOWNER AND
COAUTHORED BY SENATORS BAJOIE, CASANOVA,
DYESS, LANDRY, SCHEDLER AND ROBICHAUX AND
REPRESENTATIVES HOLDEN, GLOVER AND TOOMY
AN ACT
To enact Subpart D of Part VII of Chapter 5 of Title 40 of the Louisiana
Revised Statutes of 1950, to be comprised of R.S. 40:1236.11 through
1236.14, relative to emergency medical services; to provide for
legislative intent; to provide for definitions; to establish certain
requirements of any person or entity who possesses an automated
external defibrillator; to provide for certain requirements of an
automated external defibrillator; to provide for civil immunity for
certain persons relative to the operation of an automated external
defibrillator; and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1. Subpart D of Part VII of Chapter 5 of Title 40 of the
Louisiana Revised Statutes of 1950, comprised of R.S. 40:1236.11 through
1236.14, is hereby enacted to read as follows:
SUBPART D. AUTOMATED EXTERNAL DEFIBRILLATORS
Subpart D is all new law.
1236.11. Legislative findings
R.S. 40:1236.11 is all new law.
A. The Legislature of Louisiana finds that each year more than
three hundred fifty thousand Americans die from out-of-hospital
sudden cardiac arrest. More than ninety-five percent of these
Americans die, in many cases, because a lifesaving defibrillator did not

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arrive at the scene of the emergency in time.
B. The American Heart Association estimates that more than
twenty thousand deaths may be prevented each year if defibrillators
were more widely available to designated responders.
C. Many communities throughout the state and nation have
invested in 911 emergency response systems, emergency personnel,
and ambulance vehicles. However, many of these communities do not
have enough defibrillators in their community.
D. It is therefore the intent of the legislature to encourage greater
acquisition, deployment, and use of automated external defibrillators
in communities throughout the state.
1236.12. Definitions
R.S. 40:1236.12 is all new law.
As used in this Subpart "automated external defibrillator" and
"AED" mean a medical device heart monitor and defibrillator that:
(1) Has received approval of its pre-market notification filed
pursuant to Section 360(k) of Title 21 of the United States Code from
the United States Food and Drug Administration.
(2) Is capable of recognizing the presence or absence of
ventricular fibrillation or rapid ventricular tachycardia and is capable
of determining whether defibrillation should be performed.
(3) Upon determining that defibrillation should be performed,
automatically charges and requests delivery of an electrical impulse to
an individual's heart.
(4) Is capable of delivering the electrical impulse to an
individual's heart.
1236.13. Persons in possession of AED's; training, testing, and

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notification requirements; manufacturer responsibility
R.S. 40:1236.13 is all new law.
A. In order to ensure public health and safety, any person or
entity who possesses an AED shall ensure that:
(1) The AED is maintained and tested according to the
manufacturer's guidelines.
(2) A licensed physician or advanced practice registered nurse
who is authorized to prescribe is involved in the possessor's program to
ensure compliance with the requirements for training, emergency
medical service (EMS) notification, and maintenance.
(3)(a) Expected AED users regularly, on the premises of a
particular entity, such as a work site, receive appropriate training in
cardiopulmonary resuscitation (CPR) and in the use of an AED by the
American Heart Association or by any other nationally recognized
course in CPR and AED use.
(b) For purposes of this Paragraph, "expected AED users" shall
be any person designated by the possessor to render emergency care.
(4) The emergency medical services system is activated as soon
as possible when an individual renders emergency care to an individual
in cardiac arrest by using an AED.
(5) Any clinical use of the AED is reported to the licensed
physician or advanced practice registered nurse involved in the
possessor's program.
B. Any person or entity which possesses an AED shall notify the
bureau of emergency medical services in the office of public health of
the Department of Health and Hospitals and a local provider of
emergency medical services, such as 911 service, local ambulance

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service, or the fire department of the acquisition, location, and type of
AED.
C. Any manufacturer, wholesale supplier, or retailer of an AED
shall notify purchasers of AED's intended for use in the state of the
requirements of this Section.
1236.14. Limitation of liability
R.S. 40:1236.14 is all new law.
In addition to the civil immunity provided to persons rendering
emergency assistance as provided by law, including R.S. 9:2793, R.S.
37:1731, 1732, and 1735, and R.S. 40:1231.2, any prescribing
advanced practice registered nurse or physician who authorizes the
purchase of the AED, any physician or advanced practice registered
nurse involved in the possessor's program, any individual or entity
which provides training in cardiopulmonary resuscitation and in the use
of an AED, any purchaser of an AED, any person or entity responsible
for the site where an AED is located, and any expected user regularly
on the premises shall not be liable for any civil damages arising from
any act or omission of acts related to the operation of an AED that do
not amount to willful or wanton misconduct or gross negligence.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: