Title 40. Public Health and Safety

Chapter 5-C. Health Provisions: Emergency Medical Services

Part IV. Automated External Defibrillators

40:1137.3         Persons in possession of AEDs; training, testing, and notification requirements; manufacturer responsibility; possession required

A. In order to ensure public health and safety, any person or entity that possesses an AED shall ensure that: 

(1) The AED is maintained and tested according to the manufacturer’s guidelines. 

(2) A licensed physician or advanced practice registered nurse who is authorized to prescribe is involved in the possessor’s program to ensure compliance with the requirements for training, emergency medical service (EMS) notification, and maintenance. 

(3)(a) Expected AED users regularly, on the premises of a particular entity, such as a work site or users who carry an AED in a private security patrol vehicle, receive appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED from any nationally recognized course in CPR and AED use. 

(b) For purposes of this Paragraph, “expected AED users” shall be any person designated by the possessor to render emergency care. 

(4) The emergency medical services system is activated as soon as possible when an individual renders emergency care to an individual in cardiac arrest by using an AED. 

(5) Any clinical use of the AED is reported to the licensed physician or advanced practice registered nurse involved in the possessor’s program. 

B. Any person or entity that possesses an AED shall notify a local provider of emergency medical services, such as a 911 service, local ambulance service, or fire department of the acquisition, location, and type of AED. 

C. Any manufacturer, wholesale supplier, or retailer of an AED shall notify purchasers of AEDs intended for use in the state of the requirements of this Section. 

D. (1) The owner of or the entity responsible for a physical fitness facility shall keep an AED on its premises. 

(2) As used in this Subsection: 

(a) “Physical fitness facility” means a facility for profit or nonprofit with a membership of over fifty persons that offers physical fitness services. This term includes but is not limited to clubs, studios, health spas, weight control centers, clinics, figure salons, tanning centers, athletic or sport clubs, and YWCA and YMCA organizations. 

(b) “Physical fitness services” means services for the development of physical fitness through exercise or weight control. It shall not include a business limited solely to the practice of physical therapy, as defined in R.S. 37:2401, by a therapist licensed by the Louisiana State Board of Medical Examiners, nor shall it apply to medically related services performed by a physician licensed by the Louisiana State Board of Medical Examiners in a private office, clinic, or hospital. 

E. (1) Any institution of higher education that competes in intercollegiate athletics shall have an AED on its premises in its athletic department. 

<Text of par. (E)(2) effective until January 1, 2018.> 

(2)(a) Each high school that participates in interscholastic athletics shall have an AED on its premises, if funding is available. 

(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, each high school in any parish with a population of more than two hundred thousand and less than two hundred twenty-five thousand according to the latest federal decennial census shall have an AED on its premises. 

<Text of par. (E)(2) effective January 1, 2018.> 

(2) Each high school shall have an AED on its premises, if funding is available, subject to appropriation. Each high school shall have the authority to accept donations of AEDs or funds to acquire AEDs. 

F. The Louisiana Department of Health shall promulgate all necessary rules and regulations to implement the provisions of Subsections D and E of this Section. Such rules and regulations shall, at a minimum, provide for compliance, enforcement, and penalties.

Redesignated from R.S. 40:1236.13 by H.C.R. No. 84 of the 2015 Regular Session. Added by Acts 1999, No. 825, § 1. Amended by Acts 2004, No. 443, § 1; Acts 2004, No. 885, § 1, eff. Jan. 1, 2005; Acts 2012, No. 706, § 1; Acts 2012, No. 789, § 2, eff. June 13, 2012; Acts 2016, No. 128, § 1; Acts 2016, No. 425, § 1.