Montana State Laws


Summary:

Owners of an AED are required to have a Medical Director licensed in the State of Montana to oversee the program and include; response plan, EMS notifications, routine maintenance and testing, CPR/AED training for expected users for Good Samaritan protection.


Requirements Required Reference Description
State specific Rx required* X A physician, physician assistant, registered nurse, or nurse practitioner licensed in Montana who completes a training program provided by the department and who agrees to provide medical supervision to an approved AED program.
Good Samaritan protection for UNTRAINED users Check 50-6-505 1) An individual who provides emergency care or treatment by using an AED in compliance with this part and rules adopted by the department pursuant to 50-6-503 and an individual providing cardiopulmonary resuscitation to an individual upon whom an AED is or may be used are immune from civil liability for a personal injury that results from that care or treatment or from civil liability as a result of any act or failure to act in providing or arranging further medical treatment for the individual upon whom the AED was used unless the individual using the AED or the person providing cardiopulmonary resuscitation, as applicable, acts with gross negligence or with willful or with wanton disregard for the care of the person upon whom the AED is or may be used. (2) The following individuals or entities are immune from civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if applicable provisions of this part and rules adopted by the department pursuant to 50-6-503 have been met by the individual or entity: (a) a person providing medical oversight of the AED program, as designated in the plan prepared pursuant to 50-6-502; (b) the entity responsible for the AED program, as designated in the plan prepared pursuant to 50-6-502; (c) an individual providing training to others on the use of an AED.
Good Samaritan protection for TRAINED users only X
Medical Direction requried X
State Specific Medical Direction required Check 50-6-502(1)(d), 37.104.601 A physician, physician assistant, registered nurse, or nurse practitioner licensed in Montana who completes a training program provided by the department and who agrees to provide medical supervision to an approved AED program.
AED routinely maintained and/or tested Check 50-6-502(4) Maintain, test, and operate the AED according to the manufacturer’s guidelines and maintain written records of all maintenance and testing performed on the AED.
Training required for expected users Check 50-6-502(3), 37.104.610, 20-7-1315 In order to be authorized by an AED program plan to use an AED, an individual must: (a) 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.
Response Plan or Protocols Check 50-6-502(1), 37.104.604 A physician, physician assistant, registered nurse, or nurse practitioner licensed in Montana who completes a training program provided by the department and who agrees to provide medical supervision to an approved AED program.
Notification to local 911/Dispatch agency Check 50-6-502(6), 37.104.605 Prior to allowing any use of an AED, an entity must provide the following, in addition to a copy of the plan required by ARM 37.104.604, to each licensed emergency medical service and public safety answering point or emergency dispatch center in the area where the AED is located: (a) a written notice, on a form provided by the department, that includes the following information: (i) the name of the entity that is establishing the AED program; (ii) the business address and telephone number, including physical location, of the entity; (iii) the name, telephone number and address of the individual who is responsible for the onsite management of the AED program; (iv) the starting date of the AED program; and (v) where the AED is physically located.
Notification to local EMS agency Check 50-6-502(6), 37.104.605 Prior to allowing any use of an AED, an entity must provide the following, in addition to a copy of the plan required by ARM 37.104.604, to each licensed emergency medical service and public safety answering point or emergency dispatch center in the area where the AED is located: (a) a written notice, on a form provided by the department, that includes the following information: (i) the name of the entity that is establishing the AED program; (ii) the business address and telephone number, including physical location, of the entity; (iii) the name, telephone number and address of the individual who is responsible for the onsite management of the AED program; (iv) the starting date of the AED program; and (v) where the AED is physically located.
Registration or notification with State or other agency X
Provide Post Use data to EMS Check 50-6-502(5), 37.104.606(2) Every time an AED is attached to a patient, the medical supervisor or the medical supervisor’s designee shall provide to the department, on a form provided by the department, the following information: (a) the name of the entity responsible for the AED; (b) the name, address and telephone number of the medical supervisor; (c) the date of the call; (d) the age of the patient; (e) the gender of the patient; (f) location of the cardiac arrest; (g) estimated time of the cardiac arrest; (h) whether or not CPR was initiated prior to the application of the AED; (i) whether or not the cardiac arrest was witnessed; (j) the time the first shock was delivered to the patient; (k) the total number of shocks delivered; (l) whether or not there was a pulse after the shocks and whether or not the pulse was sustained; and (m) whether or not the patient was transported, and if so, the name of the transporting agency and the location to which the patient was transported.
Facilities required to have AEDs Check 24.138.3225 Deep Sedation/General Anesthesia Dentist Facility - (1) A deep sedation/general anesthesia facility under these rules must contain a minimum of equipment, supplies, and drugs, including, but not limited to, the following: … (e) electrocardiac monitor and defibrillator.
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