Chapter 779. Automated External Defibrillators

AED’s
* must be approved by the United States Food and Drug Administration
* must be capable of recognizing the presence  or absence of ventricular fibrillation or rapid ventricular tachycardia
* must be capable of determining, without operator interpretation, whether defibrillation should be performed
* once determining fibrillation should be performed, automatically charges and requests delivery of the “shock” to the individual’s heart

AED Acquisition
* a physician must write a prescription for the acquisition of the AED
* a physician must be involved in the training to ensure compliance with the requirements of Heath and Safety code

Local EMS
* upon receipt of an AED, local EMS must be notified of the existence, location and type of AED
* EMS must be promptly notified when an AED has been used in an emergency situation

Training
* each user of the AED must receive training in CPR and use of an AED
* the training must be in accordance the American Heart Association, American Red Cross or another nationally recognized association

Maintenance
* AED must be maintained per manufacturers guidelines
* AED must be tested per manufacturers guidelines

Civil Liability
* A person who in good faith administers emergency care, including the use of an AED, at the scene of an emergency is not liable in civil damages unless the act is willfully wantonly negligent.
* A person or entity that acquires an AED is not liable for civil damages for the prescription for the AED, the AED training, or acquisition of the AED unless the entity’s conduct is willfully or wantonly negligent.
* Any entity that acquires an AED and negligently fails to comply with the requirements of Health and Safety Code, Chapter 779 is liable for civil damages.