Summary of Requirements | ||
Physician | Must involve a physician to authorize in writing AED placement and compliance with the requirements for AED training, notification of placement and use, and maintenance. | |
CPR/AED Training | Expected defibrillator users should receive appropriate training in an American Heart Association, American Red Cross, or other nationally recognized cardiopulmonary resuscitation (CPR) course and AED, or an equivalent nationally recognized course. | |
EMS Notification | Emergency medical services system must be activated when an AED has been used to render emergency care or treatment. | |
Maintenance Program | Person must test and maintains the AED, or arrange to have such testing and maintenance performed on the AED pursuant to the AED manufacturer’s specifications. | |
Notification of Use | Must report any emergency use of the AED to the physician. |
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Good Samaritan Protection | ||||
Rescuer | Purchaser | Property Owner | Physician | Trainer |
No Current Legislation | No Current Legislation | |||
SD Codified Laws § 20-9-4.4 – 2007 Provides Good Samaritan protection for use of an AED and establishes guidelines for AED programs. |
Laws / Legislation | ||
Reference | Date | Summary |
SD Admin Reg § 20:43:09:13.01 | 2015 | Outlines AED requirements for dental offices. |
SD Codified Laws § 13-3-93 | 2014 | The secretary of education shall electronically survey school districts regarding whether, and to what extent, the instruction of cardiopulmonary resuscitation and the use of automated external defibrillators is offered. |
SD Codified Laws § 13-3-92 | 2014 | Any training resources the secretary of education recommends pursuant to § 13-3-91 shall be nationally recognized, use the most current national guidelines for CPR and emergency cardiovascular care, and incorporate psychomotor skills development into the instruction. |
HCR 1006 | 2009 | Encourages all schools to have a sufficient number of AEDs and to implement a medical emergency response plan regarding AED use. |
SD Codified Laws § 20-9-4.3 | 2007 | Defines: AED and Person. |
SD Codified Laws § 13-3-91 | 2007 | Cardiopulmonary resuscitation skills to be included in school curriculum. The secretary of education shall identify cardiopulmonary resuscitation (CPR) skills that all schools shall include within required school curriculum and shall inform school districts of resources and training available to assist schools to provide instruction in CPR and the use of automated external defibrillators. |
HB 1105 | 2007 | Repeals certain provisions related to immunity from civil liability for the placement and use of automated external defibrillators. |
HB 1245 | 2005 | Revises immunity in the use of automated external defibrillators to include AEDs purchased over-the-counter. |
SD Codified Laws § 20-9-4.6 | 2000 | Any person who provides AED training is immune from civil liability for any personal injury that occurs as a result of emergency care or treatment rendered using the AED or as a result of an act or failure to act in providing or arranging such medical treatment. |
SD Codified Laws § 20-9-4.8 | 2000 | The immunity from civil liability under §§ 20-9-4.3 to 20-9-4.8, inclusive, does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering such emergency care. |
SD Codified Laws § 20-9-4.9 | 2000 | Grants Good Samaritan protection for UNTRAINED users. |
SB 83 | 2000 | Provides immunity from civil liability for the placement and use of automated external defibrillators. |
Questions?
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The information posted on our website is not intended as legal advice and may contain inaccurate or incomplete information. We encourage you to contact your state representative should you require more information.