Montana — AED and CPR state law overview
STATE LAW

Montana State AED Law

Stay compliant with Montana AED laws. Learn the requirements for AED placement, maintenance, training, and Good Samaritan protections to help keep your organization prepared.
1.Requirement 2.Good Samaritan Protection 3.Laws / Legislation 4.FAQs

01

Requirement

Physician

Medical oversight must be provided.

CPR/AED Training

Before using the AED, an individual authorized to operate the AED must receive appropriate training approved by the department in cardiopulmonary resuscitation and the proper use of an AED.

EMS Notification

AED use must be coordinated with an emergency medical service providing services in the area where the AED is located. Before allowing any use of an AED, must provide the following to all licensed emergency medical services and any public safety answering point or emergency dispatch center providing services to the area where the AED is located:a copy of the plan prepared pursuant to this section; andwritten notice, in a format prescribed by department rules, stating:that an AED program is established by the entity;where the AED is located; andhow the use of the AED is to be coordinated with the local emergency medical service system;

Maintenance Program

In order for an entity to use or allow the use of an automated external defibrillator, the entity shall establish a program for the use of an AED that includes a written plan. The plan must specify where the AED will be placed, and the individuals who are authorized to operate the AED. The AED must be maintained, tested, and operateed according to the manufacturer’s guidelines and written records of all maintenance and testing performed on the AED must be maintained.

Notification of Use

Each time an AED is used for an individual in cardiac arrest, it is required that an emergency medical service is summoned to provide assistance as soon as possible and that the AED use is reported to the department as required by the written plan.

02

Good Samaritan Protection

Rescuer
Property Owner
Physician
Trainer
MT Code § 50-6-505
2007

Provides Good Samaritan protection for use of an AED and establishes guidelines for AED programs.

03

Laws / Legislation

Reference Date Summary
MT Code § 20-7-1315
2017

The office of public instruction shall provide guidance and technical support and make available a program of study to Montana schools.

MT Code § 50-6-503
2009

The department shall adopt rules specifying: the contents of the written notice required by 50-6-502(6); reporting requirements for each use of an AED; the contents of a plan prepared in accordance with 50-6-502 and requirements applicable to the subject matter of the plan; training requirements in cardiopulmonary resuscitation and AED use for any individual authorized by an AED program plan to use an AED; guidelines for medical oversight of an AED program; minimum requirements for a medical protocol for use of an AED; performance requirements for an AED in order for the AED to be used in an AED program; and a list of the AED training programs approved by the department. The department may not adopt rules for any purpose other than those in subsection (1).

MT Admin Reg § 37.104.601
2008

Defines: Automated External Defibrillator, CPR, and Medical Supervision.

MT Admin Reg § 37.104.604
2008

An entity wishing to use or allow the use of an AED shall develop and update the AED as changes are made.

MT Admin Reg § 37.104.606
2008

Every time an AED is attached to a patient, its use must be reported to the medical supervisor or the medical supervisor’s designee and the report must include the information required by the supervising medical supervisor.

MT Admin Reg § 37.104.61
2008

In order to be authorized by an AED program plan to use an AED, an individual must complete a cardiopulmonary resuscitation and AED training program that meets the standards of the American Heart Association and must renew this training at intervals not to exceed two years.

MT Admin Reg § 37.104.615
2008

A medical protocol for defibrillation use must be consistent with the requirements for defibrillation set out in the “2005 American Heart Association Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiac Care”.

MT Code § 50-6-502
2007

Outlines the requirements prior to allowing the use of an AED.

MT Admin Reg § 37.104.616
2005

An AED used by an AED program must be a unit approved by the U.S. food and drug administration.

MT Code § 50-6-501
1999

Defines: Automated External Defibrillator, Department, Emergency Medical Service, Entity, Physician, and Public Safety Answering Point.

MT Code § 50-6-504
1999

Outlines the policy for AED violation.

MT Code § 50-6-506
1999

This part does not apply to the use of an AED by:
(1) a patient or the patient’s caretaker if use of the AED is ordered by a physician; or
(2) a licensed health care professional, including an emergency medical technician, whose scope of practice includes the use of an AED.

MT Admin Reg § 37.104.605
1999

Outlines the requirements prior to allowing the use of an AED.

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