Note:  This version includes the changes made in 1999 to include coverage for automated external defibrillators.





Automated external defibrillators-Requirements.


1. Except for a medical services facility or prehospital emergency medical services provider, every person who

acquires an automated external

defibrillator shall:

a. Notify the department of health, upon acquisition of an automated

external defibrillator, of the location of and the type of automated

external defibrillator.

b. Require that every individual expected to use the automated external

defibrillator to receive American Heart Association or American Red

Cross training in cardiopulmonary resuscitation and automated external

defibrillator use or an equivalent nationally recognized course in

cardiopulmonary resuscitation and automated external defibrillator use.

c. Maintain and test the automated external defibrillator according to the

manufacturer’s operational guidelines.

d. Establish an automated external defibrillator use protocol that provides

any person who provides emergency care or treatment to an individual

in cardiac arrest by using the automated external defibrillator shall

contact as soon as possible an appropriate health care provider or

emergency medical services provider.

e. Consider recommendations of a licensed physician in establishing the

training, notification, and maintenance requirements of this subsection.

2. Any person who in good faith and without compensation provides

emergency care or emergency treatment by using an automated external

defibrillator is immune from civil liability for any personal injury

resulting from the emergency care or emergency treatment and for any

act or failure to act in providing or arranging further medical treatment

if the person providing the emergency care or emergency treatment acted as

an ordinary, reasonable, prudent person would act under the same or

similar circumstances. This subsection does not apply if a personal injury

results from the gross negligence or from willful or wanton misconduct

of the person providing the emergency care or emergency treatment.

3. If the requirements of subsection 1 are met, the immunity provision of

subsection 2 applies to a licensed physician under subdivision e of

subsection 1, the person who provides the training under subdivision b

of subsection 1, and the person responsible for the site on which the

automated external defibrillator is located.

4. This section does not limit civil liability protection provided by any other