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Tennessee AED Law
Tennessee Code Annotated
68-140-701. Legislative intent.
It is the intent of the general assembly that an automated external
defibrillator (AED) may be used in accordance with the provisions of §
68-140-703 for the purpose of saving the life of another person in
cardiac arrest.
68-140-702. Part definitions.
As used in this part, unless the context otherwise requires:
(1) “AED” or “defibrillator” means an automated external defibrillator;
and
(2) “Automated external defibrillator (AED)” means a medical device
heart monitor and defibrillator that:
(A) Has received approval of its premarket notification, filed pursuant
to 21 U.S.C. §360(R), from the United States Food and Drug
Administration;
(B) Is capable of recognizing the presence or absence of ventricular
fibrillation or rapid ventricular tachycardia, and is capable of
determining, without intervention by an operator, whether defibrillation
should be performed; and
(C) Upon determining that defibrillation should be performed,
automatically charges and requests delivery of an electrical impulse to
an individual’s heart.
68-140-703. Use of AED devices – Training – Maintenance – Registration
encouraged.
In order to ensure public health and safety:
(1) A person or entity who acquires an automated external defibrillator
(AED) shall ensure that:
(A) Expected defibrillator users receive American Heart Association CPR
and AED or an equivalent nationally recognized course in defibrillator
use and cardiopulmonary resuscitation;
(B) The defibrillator is maintained and tested according to the
manufacturer’s operational guidelines; and
(C) Any person who renders emergency care or treatment on a person in
cardiac arrest by using an AED activates the emergency medical services
system as soon as possible.
(2) Any person or entity who 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 the emergency
medical services where the AED is to be located.
68-140-704. Program for use of AEDs.
In order for an entity to use or allow the use of an automated external
defibrillator, the entity shall:
(1) Establish a program for the use of an AED that includes a written
plan that complies with subdivisions (2)-(6) and the 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);
(3) Ensure that before using the AED, expected users receive appropriate
training approved by the department in cardiopulmonary resuscitation and
the proper use of an AED;
(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;
(5) Each time an AED is used for an individual in cardiac arrest,
require that an emergency medical service is summoned to provide
assistance as soon as possible and that the AED use is reported to the
supervising physician or the person designated by the physician and to
the department as required by the written plan; and
(6) 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.
68-140-705. Rules relating to AEDs – Adoption – Scope and contents.
The department of health shall adopt rules specifying the following:
(1) The contents of the written notice required by § 68-140-704;
(2) Reporting requirements for each use of an AED;
(3) The contents of a plan prepared in accordance with § 68-140-704 and
requirements applicable to the subject matter of the plan;
(4) Training requirements in cardiopulmonary resuscitation and AED use
that are consistent with the scientific guidelines of the American Heart
Association for any individual authorized by an AED program plan to use
an AED;
(5) Requirements for medical supervision of an AED program;
(6) Performance requirements for an AED in order for the AED to be used
in an AED program; and
(7) A list of the AED training programs approved by the department.
68-140-706. Limitation on liability of entity responsible for program.
The entity responsible for the AED program shall not be liable for any
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 the applicable provisions and program established under §
68-140-704 and the rules adopted by the department pursuant to §
68-140-705 have been met by the entity and have been followed by the
individuals using the AED.
68-140-707. Limitation on liability of trainers.
An individual providing training to others in an approved program on the
use of an AED shall be held harmless by the employer of the trainer for
damages caused by training that was negligent.
68-140-708. Training and demonstration of competence in CPR and use of
AED.
For purposes of §§ 68-140-704 – 68-140-710, expected AED users shall
complete training and demonstrate competence in CPR and the use of an
AED through a course of instruction approved by the Tennessee emergency
medical services board.
68-140-709. Applicability of §§ 68-140-702, 68-140-704 – 68-140-709.
The provisions of §§ 68-140-704 – 68-140-710, shall only apply to
situations involving emergency use of an AED and in no case shall it
apply where there is a duty to provide care. Nor shall it apply where a
doctor has prescribed use of an AED for a patient’s use in the patient’s
private home.
68-140-710. [Transferred]
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