Legal Aspects of AED Use

Does your church own an AED? Is it thinking of purchasing one? Several little-known laws govern the use of Automated External Defibrillators (AEDs) in Arizona. Anyone who owns or is thinking of owning an AED should be aware of these laws

Fortunately, AED laws are not overly burdensome. According to the law, a person or entity that acquires an AED must (1) enter into an agreement with a physician to oversee the AED’s use, (2) require each trained user who uses an AED to call 911 as soon as possible after each use, (3) submit a written report to the Arizona Department of Health Services within 5 days after each use, and (4) test and maintain the AED in good working order. These four simple requirements are all that is required for AED use in Arizona.

To encourage AED use, certain persons or entities are designated by law as immune from civil liability for any personal injury that does not amount to willful misconduct or gross negligence. Those persons include, but are not limited to, (1) the person or entity acquiring the AED, (2) the owner of the property where the AED is located, (3) a trained use of the AED, and (4) a good samaritan. While not a guarantee of 100% immunity, this law helps to lessen the risk that some persons associate with AED use.

Should your church decide to purchase or use an AED, we recommend that it implement a formal AED program. This program should address a number of items, such as, training, maintenance, record keeping and internal response procedures. Having a formal AED program in place will help the church meet the requirements of Arizona AED law.

For assistance with adopting or implementing an AED program or for general questions about AED use, please contact Jason Miller or any other attorney in the Carpenter Hazlewood Church Law Group.