Delaware State Laws


Summary:

Owners of an AED are required to have a Medical Director oversee the program and include EMS Notification / Registration, routine maintenance and testing, CPR/AED training for expected users and High School Students/Coaches, as well as AED use reporting for Good Samaritan protection. Schools and Dental offices should have AEDs.


Requirements Required Reference Description
State specific Rx required* X
Good Samaritan protection for UNTRAINED users Check 16 Del. C. § 3005C(a) Delaware AED Statute Delaware Code - 16 Del. C. § 3005C. Provision of limited liability protections. (a) Any person or entity, who in good faith and without compensation, renders emergency care or treatment by the use of an AED shall be immune from civil liability for any personal injury as a result of such care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment, if such person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances and such act or acts do not amount to willful or wanton misconduct or gross negligence. (b) Any individual who authorizes the purchase of an AED, any person or entity who provides training in cardiopulmonary resuscitation and the use of an AED, and any person or entity responsible for the site where the AED is located shall be immune from civil liability for any personal injury that results from any act or omission that does not amount to wilful or wanton misconduct or gross negligence.
Good Samaritan protection for TRAINED users only X
Medical Direction requried X
State Specific Medical Direction required X
AED routinely maintained and/or tested Check 16 Del. C. § 3003C(2) The defibrillator is maintained and tested according to the manufacturer’s guidelines.
Training required for expected users Check 16 Del. C. § 3003C(1) Expected AED users receive training by the ARC, AHA, Delaware State Fire School or by another nationally recognized provider of training for CPR and AED use; all training shall be approved by the State EMS Medical Director. Eff. 2015-2016, 1/2 a credit of CPR training required
Response Plan or Protocols X
Notification to local 911/Dispatch agency X
Notification to local EMS agency Check 16 Del. Admin. Code § 3003C(3) Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED shall notify the appropriate EMS units as soon as possible and report any clinical use of the AED to the appropriate licensed physician or medical authority.
Registration or notification with State or other agency Check 16 Del. Admin. Code 4303(6.1) Agencies, schools, corporations or businesses desiring to provide Early Defibrillation Services must make application to the OEMS prior to implementation of the program. Notify OEMS of changes within 14 days.
Provide Post Use data to EMS Check 16 Del. C. § 3003C(3) Notify the appropriate EMS units as soon as possible and report any clinical use of the AED to the appropriate licensed physician or medical authority.
Facilities required to have AEDs Check Nursing Homes Admitting Pediatric Residents 16-3210, Free Standing Emergency Centers 16-4404, Dialysis Centers 16-3000-3330 Nursing Homes Admitting Pediatric Residents, Free Standing Emergency Centers, Dialysis Centers
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