Indiana State Laws


Summary:

Owners of an AED are required to notify EMS, routinely maintain and test the device. CPR/AED training for High school Students and Health Club employees, as well as AED use reporting for Good Samaritan protection. Health Clubs are required to have AEDs.


Requirements Required Reference Description
State specific Rx required* X
Good Samaritan protection for UNTRAINED users Check 34-30-12-1(b)-(d) A person is immune from civil liability for acts or omissions involving the use of or the failure to use a defibrillator located on the premises of a health club under this chapter as provided under IC 34-30-12-1.(b) Except as provided in subsection (c), a person who comes upon the scene of an emergency or accident, complies with IC 9-26-1-1.5, or is summoned to the scene of an emergency or accident and, in good faith, gratuitously renders emergency care at the scene of the emergency or accident is immune from civil liability for any personal injury that results from: (1) any act or omission by the person in rendering the emergency care; or (2) any act or failure to act to provide or arrange for further medical treatment or care for the injured person; except for acts or omissions amounting to gross negligence or willful or wanton misconduct. (c) This subsection applies to a person to whom IC 16-31-6.5 applies. A person who gratuitously renders emergency care involving the use of an automatic external defibrillator is immune from liability for any act or omission not amounting to gross negligence or willful or wanton misconduct if the person fulfills the requirements set forth in IC 16-31-6.5. (d) This subsection applies to an individual, business, or organization to which IC 16-31-6.5 applies. An individual, business, or organization that allows a person who is an expected user to use an automatic external defibrillator of the individual, business, or organization to in good faith gratuitously render emergency care is immune from civil liability for any damages resulting from an act or omission not amounting to gross negligence or willful or wanton misconduct by the user or for acquiring or providing the automatic external defibrillator to the user for the purpose of rendering the emergency care if the individual, business, or organization and the user fulfill the requirements set forth in IC 16-31-6.5. (e) A licensed physician who gives medical direction in the use of a defibrillator or a national or state approved defibrillator instructor of a person who gratuitously renders emergency care involving the use of an automatic external defibrillator is immune from civil liability for any act or omission of the licensed physician or instructor if the act or omission of the licensed physician or instructor: (1) involves the training for or use of an automatic external defibrillator; and (2) does not amount to gross negligence or willful or wanton misconduct.
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 16-31-6.5-4 Ensure that the defibrillator is maintained and tested according to the manufacturer’s operational guidelines.
Training required for expected users Check 24-2-15-5(2) Health Clubs: Employ at least one (1) individual who: (A) has satisfactorily completed a course consistent with the most current national guidelines for; and (B) is currently certified in; cardiopulmonary resuscitation and defibrillator use. (3) Reasonably ensure that at least one (1) individual described in subdivision (2) is on the health club premises when staff is present at the health club during the health club’s business hours.
Response Plan or Protocols X
Notification to local 911/Dispatch agency Check 16-31-6.5-5(1), 16-31-6.5-6 (1) ambulance service provider that serves the area where the person or entity is located; or (2) emergency medical services commission; of the acquisition and location of the defibrillator.
Notification to local EMS agency Check 16-31-6.5-5(2) A person who uses a defibrillator is required to contact: (1) the ambulance service provider; or (2) a fire department that provides ambulance service; for the area as soon as practicable following the use of the defibrillator.
Registration or notification with State or other agency X
Provide Post Use data to EMS Check 16-31-6.5-6 A person who uses a defibrillator is required to contact: (1) the ambulance service provider; or (2) a fire department that provides ambulance service; for the area as soon as practicable following the use of the defibrillator.
Facilities required to have AEDs Check 24-4-15-5, 828 IAC § 3-1-10, 410 IAC § 26-13-3 Health Clubs, Dentist Offices administering general anesthesia and deep sedation, Abortion Clinics
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