West Virginia State Laws


Summary:

The acquirer of an AED must ensure that anticipated users of the AED are trained in CPR/AED; must register the AED program with EMS and notify EMS of the AED's location; must appoint a licensed physician medical director to oversee the AED program (in-state medical director residency is not required); and must maintain and test the AED according to the manufacturer's guidelines and keep written records of the maintenance and testing. Good Samaritan protection is extended to untrained rescuers as well as those who are in compliance with the above registration and training law. All students must be instructed in CPR prior to high school graduation: the required CPR training may, but is not required to, include training in the use of an AED. All mobile dental facilities are required to have an AED if Class 2, 3 or 4 anesthesia is used. All quarries/coal mines must have first aid equipment including an AED.


Requirements Required Reference Description
State specific Rx required* X
Good Samaritan protection for UNTRAINED users Check 16-4D-4 A person is not liable for civil damages as a result of any act or omission in rendering emergency medical care or treatment involving the use of an AED if the care or treatment does not amount to gross negligence and the following conditions are met: (1) The person, entity, certified trainer or medical director of the early defibrillation program is in compliance with the provisions of section three of this article; and (2) The person is an anticipated operator of an AED who gratuitously and in good faith rendered emergency medical care, pursuant to the requirements of section three of this article, other than in the ordinary course of the person’s employment or profession as a health care provider, as defined in section two, article two-d of this chapter; or (3) The person is an unanticipated operator who gratuitously and in good faith rendered emergency medical care.
Good Samaritan protection for TRAINED users only X
Medical Direction requried Check 16-4D-3(4) Designate a medical director for the coordination of the program, which shall include, but not be limited to, training, coordinating with EMS, creating AED deployment strategies and reviewing each operation of an AED.
State Specific Medical Direction required X
AED routinely maintained and/or tested Check 16-4D-3(3) Maintain and test the AED in accordance with the manufacturer’s guidelines and keep written records of this maintenance and testing.
Training required for expected users Check 16-4D-3(2) Require the anticipated operator of an AED to receive appropriate training in cardiopulmonary resuscitation, referred to as “CPR”, in the operation of an AED and in the determination of advance directives from the American Heart Association, American Red Cross, any other nationally recognized course in CPR and AED or an AED and CPR training program approved by the Office of Emergency Medical Services.
Response Plan or Protocols Check 16-4D-3(5) Designate a medical director for the coordination of the program, which shall include, but not be limited to, training, coordinating with EMS, creating AED deployment strategies and reviewing each operation of an AED.
Notification to local 911/Dispatch agency Check 16-4D-3(5) Notify the local EMS system and public safety answering point or other appropriate emergency dispatch center of the existence of an entity’s early defibrillation program, the location of the program and the program’s plan for coordination with the EMS system.
Notification to local EMS agency Check 16-4D-3(5) Notify the local EMS system and public safety answering point or other appropriate emergency dispatch center of the existence of an entity’s early defibrillation program, the location of the program and the program’s plan for coordination with the EMS system.
Registration or notification with State or other agency Check 16-4D-3(1) Register the program with the Office of Emergency Medical Services, pursuant to article four-c of this chapter, identifying the placement of AEDs, training of anticipated operators, preplanned EMS system coordination, designation of a medical director, maintenance of AED equipment and reports of AED utilization.
Provide Post Use data to EMS X
Facilities required to have AEDs Check 5-14-5.1.10 - Mobile Dental Facilities, 22A-2-59(b)(16) - Underground Coal Mine, 30-4A-4(b)(7), 30-4A-5(b)(7), 30-4A-6(b)(10), 30-4A-7(c)(10), 5-12-5.2.10 - Dental Office administering sedation, 56-20-20.1.b.14 - Quarries Mobile Dental Facilities, Underground Coal Mine, Dental Office administering sedation, Quarries
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