Tennessee State Laws


Summary:

AED acquirers must ensure that expected users receive CPR/AED training. The acquirer must 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. AED program medical oversight services must be provided by an in-state licensed physician. In-state medical director residency is not required. The AED acquirer must establish a written AED program to include AED placement, authorized users, EMS coordination, AED maintenance and testing records that will be kept by the program and reports of AED use, and must also notify EMS of the location of the AED. The placement of the AED must be supervised and endorsed by a licensed physician. Good Samaritan protection is extended, except in cases of gross negligence, to rescuers, AED trainers, and AED acquirers if conditions of acquisition and compliance are met. The state board of education may provide for a program of instruction in CPR/AED to be taken once in junior or senior high schools. Optometrists who use local anesthetics are required to have an AED in the office. Dental offices using conscious or deep sedation or general anesthesia must have a defibrillator on the premises.


Requirements Required Reference Description
State specific Rx required* X Each placement of an AED shall be supervised and endorsed by a physician with an unrestricted license to practice medicine or osteopathy in the state of Tennessee.
Good Samaritan protection for UNTRAINED users Check 63-6-218 (a) This section shall be known and cited as the “Good Samaritan Law.” (b) Any person, including those licensed to practice medicine and surgery and including any person licensed or certified to render service ancillary thereto, or any member of a volunteer first aid, rescue or emergency squad that provides emergency public first aid and rescue services, who in good faith: (1) Renders emergency care at the scene of an accident, medical emergency and/or disaster, while en route from such scene to a medical facility and while assisting medical personnel at the receiving medical facility, including use of an automated external defibrillator, to the victim or victims thereof without making any direct charge for the emergency care; or (2) Participates or assists in rendering emergency care, including use of an automated external defibrillator, to persons attending or participating in performances, exhibitions, banquets, sporting events, religious or other gatherings open to the general public, with or without an admission charge, whether or not such emergency care is made available as a service, planned in advance by the promoter of the event and/or any other person or association, shall not be liable to such victims or persons receiving emergency care for any civil damages as a result of any act or omission by such person in rendering the emergency care, or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, except such damages as may result from the gross negligence of the person rendering such emergency care. (c) A receiving medical facility shall not be liable for any civil damages as a result of any act or omission on the part of any member of a volunteer first aid, rescue or emergency squad that provides emergency public first aid and rescue services while such person is assisting medical personnel at the receiving medical facility. (d) The members of such ………………….. If: (1) A volunteer fire squad is organized by a private company for the protection of the plant and grounds of such company; (2) Such squad is willing to respond and does respond to calls to provide fire protection for residents living within a six (6) mile radius of the county surrounding such plant; and (3) The plant is located in a county that does not otherwise provide fire protection to such residents;
Good Samaritan protection for TRAINED users only X
Medical Direction requried X
State Specific Medical Direction required Check 1200-12-01-.19(4) Each placement of an AED shall be supervised and endorsed by a physician with an unrestricted license to practice medicine or osteopathy in the state of Tennessee.
AED routinely maintained and/or tested Check 68-140-403(1)(B), 68-140-404(4) The defibrillator is maintained and tested according to the manufacturer’s operational guidelines.
Training required for expected users Check 68-140-403(1)(A); 68-140-404(3)1200-12-01-.19(6); 68-140-408 Expected defibrillator users receive American Heart Association CPR and AED or an equivalent nationally recognized course in defibrillator use and cardiopulmonary resuscitation. The following training programs in cardiopulmonary resuscitation and AED use are consistent with the scientific guidelines of the American Heart Association and have been approved by the Tennessee Emergency Medical Services Board. (a) Heartsaver AED and Basic Life Support for Healthcare Professional CPR and AED Courses of the American Heart Association (b) Advanced Cardiac Life Support Course of the American Heart Association (for Healthcare professionals in conjunction with Basic Life Support for Healthcare Providers) (c) Workplace First Aid and Safety; Adult CPR/AED Training Course of the American Red Cross (d) AED Training Course of the American Red Cross (in conjunction with Adult and Professional Rescuer CPR courses) (e) AED Course of the National Safety Council (in conjunction with AHA, NSC, or ARC Adult CPR Courses) (f) Heartsaver FACTS Course of the National Safety Council or American Heart Association; (g) Medic First Aid family of programs for Basic Life Support for Professionals and AED Training by EMP International, Inc. (h) American Safety and Health Institute programs for Basic CPR and AED education and training. (i) Coyne First Aid CPR and AED training program.
Response Plan or Protocols Check 68-140-404(1), Tenn. Comp. R. & Regs. § 1200-12-01-.19(2) Establish a program for the use of an AED that includes a written plan that complies with subdivisions (2)-(6) and rules adopted by the department of health. The plan must specify: (A) Where the AED will be placed; (B) The individuals who are authorized to operate the AED; (C) How the AED will be coordinated with an emergency medical service providing services in the area where the AED is located; (D) The maintenance and testing that will be performed on the AED; (E) Records that will be kept by the program; (F) Reports that will be made of AED use; (G) Other matters as specified by the department; and (H) A plan of action for proper usage of the AED; (2) Adhere to the written plan required by subdivision (1)
Notification to local 911/Dispatch agency Check 68-140-403(2) Any person or entity that acquires an AED shall, within a reasonable time after the placement of an AED, register the existence and location of the defibrillator with the emergency communications district or the ambulance dispatch center of the primary provider of emergency medical services where the AED is to be located. Each entity shall submit a written notice to the local primary emergency medical services provider or emergency communications district that provides the following information: (a) the name of the entity, the owner of the AED, and a contact person and an alternate with telephone numbers, and mailing address of the placement facility; (b) the street location and site within the facility where the AED shall be placed, means to access the AED, hours during the day when the AED may be available, and whether the AED may be used off-site; (c) description of the AED by manufacturer and model; (d) listing of the area emergency medical services and contact information for the EMS agency and emergency communications district; (e) the name and contact information of the physician supervising the AED placement; and, (f) how the use of the AED is coordinated with the local EMS system.
Notification to local EMS agency Check 68-140-404(6);1200-12-01-.19(1); 68-140-403(2) Before allowing any use of an AED, provide to the emergency communications district or the primary provider of emergency medical services where the defibrillator is located: (A) A copy of the plan prepared pursuant to this section; and (B) Written notice, in a format prescribed by department rules, stating: (i) That an AED program is established by the entity; (ii) Where the AED is located; and (iii) How the use of the AED is to be coordinated with the local emergency medical service system.
Registration or notification with State or other agency X
Provide Post Use data to EMS Check 1200-12-01-.19(3) Any person or entity that acquires an AED shall, within a reasonable time after the placement of an AED, register the existence and location of the defibrillator with the emergency communications district or the ambulance dispatch center of the primary provider of emergency medical services where the AED is to be located. Each entity shall maintain and submit a copy of a written AED plan to the local primary emergency medical services provider or emergency communications district that includes: (a) designation of the training programs adopted by the entity to prepare expected users;(b) a list of individuals appropriately trained and authorized;(c) a plan of action for proper use of the AED;(d) registration with local emergency medical services with acknowledgement by their representatives of the AED placement, plan, and program;(e) description of how the AED program coordinates with EMS and the dispatching entity;(f) maintenance and testing procedures necessary to maintain the device, as well as sample forms to document proper maintenance; and,(g) reports that shall be made of AED use along with other records to be maintained by the program.
Facilities required to have AEDs Check Dental Offices that administer Anesthesia and Sedation 0460-02-.07, Schools - 49-2-122 & 49-50-804, Office Based Surgery - 0880-02-.21 & 1050-02-.21, Optometrists that Administer Anesthesia - 63-8-102(12)(E)(i)(e)(3) Dental Offices that administer Anesthesia and Sedation, Schools, Office Based Surgery, Optometrists that Administer Anesthesia
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