Louisiana AED Law

S.B. 100 - Passed 1999

ENROLLED
Page 1 of 4
CODING: Words in struck through are deletions from existing law;  words underscored and boldfaced are additions.
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.

§1137.3. Persons in possession of AEDs; training, testing, and notification requirements; manufacturer responsibility; possession required

     A. In order to ensure public health and safety, any person or entity that 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 or users who carry an AED in a private security patrol vehicle, receive appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED from any 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 that possesses an AED shall notify a local provider of emergency medical services, such as a 911 service, local ambulance service, or fire department of the acquisition, location, and type of AED.

 C. Any manufacturer, wholesale supplier, or retailer of an AED shall notify purchasers of AEDs intended for use in the state of the requirements of this Section.

D.     (1) The owner of or the entity responsible for a physical fitness facility shall keep an AED on its premises.

            (2) As used in this Subsection:

                  (a) "Physical fitness facility" means a facility for profit or nonprofit with a membership of over fifty persons that offers physical fitness services. This term includes but is not limited to clubs, studios, health spas, weight control centers, clinics, figure salons, tanning centers, athletic or sport clubs, and YWCA and YMCA organizations.

               (b) "Physical fitness services" means services for the development of physical fitness through exercise or weight control. It shall not include a business limited solely to the practice of physical therapy, as defined in R.S. 37:2401, by a therapist licensed by the Louisiana State Board of Medical Examiners, nor shall it apply to medically related services performed by a physician licensed by the Louisiana State Board of Medical Examiners in a private office, clinic, or hospital.

Any institution of higher education that competes in intercollegiate athletics shall have an AED on its premises in its athletic department.

            (2) Each high school shall have an AED on its premises, if funding is available, subject to appropriation. Each high school shall have the authority to accept donations of AEDs or funds to acquire AEDs.

F. The Louisiana Department of Health shall promulgate all necessary rules and regulations to implement the provisions of Subsections D and E of this Section. Such rules and regulations shall, at a minimum, provide for compliance, enforcement, and penalties.