AED Legal Analysis for Massachusetts
AED possessor (person or entity) is responsible for training expected AED users in CPR/AED, EMS notification of AED location, AED maintenance and testing in accordance with manufacturer’s operational guidelines, establishment of a medical oversight program to ensure training, notification, and AED maintenance requirements are met.
State law limits authorization to use an AED is granted only to CPR/AED trained people. However, Good Samaritan protection is not restricted by compliance with any or all requirements, and should apply to all rescuers using an AED in good faith.
AED and one employee trained in CPR/AED required in all health clubs. Good Samaritan protection for health clubs and employees for use of nonuse of AED.
General Good Samaritan protection for all rescuers.
|M.G.L.A. 112 § 12V 1/2
||An AED agency: i) possesses an AED that is maintained and tested in accordance with its manufacturer's guidelines, (ii) permits an AED provider to use an AED in its possession, (iii) requires that each AED provider, in each instance of responding to a request for emergency care or treatment, contacts the police or emergency medical services in the city or town in which they are located and provides a report to its AED medical director, (iv) prior to implementation of its public access defibrillation program, notifies the local police and the emergency medical services provider of the number, type and location of the AED in its possession, and (v) contracts with an AED medical director, who shall be responsible for ensuring that the AED agency complies with AED maintenance, AED provider training and notice requirements.
Any AED provider who in good faith uses an AED, in accordance with his training through a public access defibrillation program, to any person who apparently requires cardiopulmonary resuscitation or defibrillation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the rendering of emergency cardiopulmonary resuscitation or defibrillation.
|M.G.L.A. 93 § 78A
||Requires all health clubs to have an AED at the facility.
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
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