Louisiana State Laws


Summary:

Owners of an AED are required to have a Medical Director to oversee the program and include EMS Notification, routine maintenance and testing, CPR/AED training for expected users and High School Students for Good Samaritan protection. Schools and Fitness Facilities should have AEDs.


Requirements Required Reference Description
State specific Rx required* X
Good Samaritan protection for UNTRAINED users Check § 9:2793 A. No person who in good faith gratuitously renders emergency care, first aid or rescue at the scene of an emergency, or moves a person receiving such care, first aid or rescue to a hospital or other place of medical care shall be liable for any civil damages as a result of any act or omission in rendering the care or services or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the person involved in the said emergency; provided, however, such care or services or transportation shall not be considered gratuitous, and this Section shall not apply when rendered incidental to a business relationship, including but not limited to that of employer-employee, existing between the person rendering such care or service or transportation and the person receiving the same, or when incidental to a business relationship existing between the employer or principal of the person rendering such care, service or transportation and the employer or principal of the person receiving such care, service or transportation. This Section shall not exempt from liability those individuals who intentionally or by grossly negligent acts or omissions cause damages to another individual. B. The immunity herein granted shall be personal to the individual rendering such care or service or furnishing such transportation and shall not inure to the benefit of any employer or other person legally responsible for the acts or omissions of such individual, nor shall it inure to the benefit of any insurer. C. For purposes of this Section, rendering emergency care, first aid, or rescue shall include the use of an automated external defibrillator as defined by R.S. 40:1236.12.
Good Samaritan protection for TRAINED users only X
Medical Direction requried Check 40:1137.3(A)(2); I.6103(A)(1)(b) 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.
State Specific Medical Direction required X
AED routinely maintained and/or tested Check 40:1137.3(A)(1); 6103(A)(1)(a) The AED is maintained and tested according to the manufacturer’s guidelines.
Training required for expected users Check 40:1137.3(A)(3); I.6103(A)(1)(c) 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.
Response Plan or Protocols X
Notification to local 911/Dispatch agency Check 40:1137.3B, I.6103(A)(2) 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.
Notification to local EMS agency Check 40:1137.3B; I.6103(A)(2) 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.
Registration or notification with State or other agency Check 40:1137.3(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.
Provide Post Use data to EMS Check I.6103(A)(1)(e); I.6105(A)(1)(3) Any clinical use of the AED is reported to the licensed physician or advanced practice registered nurse involved in the possessor’s program and BEMS, using the cardiac arrest profile/data collection form obtained from the BEMS office. A determination by the licensed physician or advanced practice registered nurse, whether or not the patient was treated in accordance with the pre-established protocol. A copy of the cardiac arrest profile/data collection form should be mailed
Facilities required to have AEDs Check 40:1137.3(D), 40:1137.3(E), 40:1137.3(2), - La. 1511(A)(7)(g), 73-7309 Physical Fitness Facilities, Intercollegiate Athletic Institutions, High Schools, Dental Facilities adminsitrating sedations, Physicians performing Office-Based Surgery
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