Minnesota
Minnesota does not have specific administrative or operational requirements for AED programs. The Good Samaritan law protects AED users for device-related activities, but not for other program tasks, and this immunity is not dependent on following particular guidelines. Additionally, the state mandates AEDs in dentist offices to ensure preparedness for cardiac emergencies.
Minnesota Law Key Takeaways
Requirement
Summary
Minnesota Statutes and Regulations
**Minnesota Statutes -- 604A.01. Good Samaritan Law.
Subdivision 1. Duty to assist. A person at the scene of an emergency who knows that another person is exposed to or has suffered grave physical harm shall, to the extent that the person can do so without danger or peril to self or others, give reasonable assistance to the exposed person. Reasonable assistance may include obtaining or attempting to obtain aid from law enforcement or medical personnel. A person who violates this subdivision is guilty of a petty misdemeanor.
Subd. 2. General immunity from liability. (a) A person who, without compensation or the expectation of compensation, renders emergency care, advice, or assistance at the scene of an emergency or during transit to a location where professional medical care can be rendered, is not liable for any civil damages as a result of acts or omissions by that person in rendering the emergency care, advice, or assistance, unless the person acts in a willful and wanton or reckless manner in providing the care, advice, or assistance. This subdivision does not apply to a person rendering emergency care, advice, or assistance during the course of regular employment, and receiving compensation or expecting to receive compensation for rendering the care, advice, or assistance.
(b) For the purposes of this section, the scene of an emergency is an area outside the confines of a hospital or other institution that has hospital facilities, or an office of a person licensed to practice one or more of the healing arts under chapter 147, 147A, 148, 150A, or 153. The scene of an emergency includes areas threatened by or exposed to spillage, seepage, fire, explosion, or other release of hazardous materials, and includes ski areas and trails.
(c) For the purposes of this section, “person” includes a public or private nonprofit volunteer firefighter, volunteer police officer, volunteer ambulance attendant, volunteer first provider of emergency medical services, volunteer ski patroller, and any partnership, corporation, association, or other entity.
(d) For the purposes of this section, “compensation” does not include payments, reimbursement for expenses, or pension benefits paid to members of volunteer organizations.
(e) For purposes of this section, “emergency care” includes providing emergency medical care by using or providing an automatic external defibrillator, unless the person on whom the device is to be used objects; or unless the person is rendering this care during the course of regular employment, the person is receiving or expects to receive compensation for rendering this care, and the usual and regular duties of the person include the provision of emergency medical care. “Automatic external defibrillator” means a medical device heart monitor and defibrillator that:
(1) has received approval of its premarket notification, filed pursuant to United States Code, title 21, section 360(k), from the United States Food and Drug Administration;
(2) 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
(3) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual’s heart.
**Minnesota Statutes -- 403.51. Automatic External Defibrillation; Registration.
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given them.
(b) “Automatic external defibrillator” or “AED” means an electronic device designed and manufactured to operate automatically or semiautomatically for the purpose of delivering an electrical current to the heart of a person in sudden cardiac arrest.
(c) “AED registry” means a registry of AEDs that requires a maintenance program or package, and includes, but is not limited to: the Minnesota AED Registry, the National AED Registry, iRescU, or a manufacturer-specific program.
(d) “Person” means a natural person, partnership, association, corporation, or unit of government.
(e) “Public access AED” means an AED that is intended, by its markings or display, to be used or accessed by the public for the benefit of the general public that may be in the vicinity or location of that AED. It does not include an AED that is owned or used by a hospital, clinic, business, or organization that is intended to be used by staff and is not marked or displayed in a manner to encourage public access.
(f) “Maintenance program or package” means a program that will alert the AED owner when the AED has electrodes and batteries due to expire or replaces those expiring electrodes and batteries for the AED owner.
(g) “Public safety agency” means local law enforcement, county sheriff, municipal police, tribal agencies, state law enforcement, fire departments, including municipal departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies, and licensed ambulance services.
(h) “Mobile AED” means an AED that (1) is purchased with the intent of being located in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be placed in stationary storage, including, but not limited to, an AED used at an athletic event.
(i) “Private-use AED” means an AED that is not intended to be used or accessed by the public for the benefit of the general public. This may include, but is not limited to, AEDs found in private residences.
Subd. 2. Registration. A person who purchases or obtains a public access AED shall register that device with an AED registry within 30 working days of receiving the AED.
Subd. 3. Required information. A person registering a public access AED shall provide the following information for each AED:
(1) AED manufacturer, model, and serial number;
(2) specific location where the AED will be kept; and
(3) the title, address, and telephone number of a person in management at the business or organization where the AED is located.
Subd. 4. Information changes. The owner of a public access AED shall notify the owner’s AED registry of any changes in the information that is required in the registration within 30 working days of the change occurring.
Subd. 5. Public access AED requirements. A public access AED:
(1) may be inspected during regular business hours by a public safety agency with jurisdiction over the location of the AED;
(2) must be kept in the location specified in the registration; and
(3) must be reasonably maintained, including replacement of dead batteries and pads/electrodes, and comply with all manufacturer’s recall and safety notices.
Subd. 6. Removal of AED. An authorized agent of a public safety agency with jurisdiction over the location of the AED may direct the owner of a public access AED to comply with this section. The authorized agent of the public safety agency may direct the owner of the AED to remove the AED from its public access location and to remove or cover any public signs relating to that AED if it is determined that the AED is not ready for immediate use.
Subd. 7. Private-use AEDs. The owner of a private-use AED is not subject to the requirements of this section but is encouraged to maintain the AED in a consistent manner.
Subd. 8. Mobile AEDs. The owner of a mobile AED is not subject to the requirements of this section but is encouraged to maintain the AED in a consistent manner.
Subd. 9. Signs. A person acquiring a public-use AED is encouraged but is not required to post signs bearing the universal AED symbol in order to increase the ease of access by the public to the AED in the event of an emergency. A person may not post any AED sign or allow any AED sign to remain posted upon being ordered to remove or cover any AED signs by an authorized agent of a public safety agency.
Subd. 10. Emergency response plans. The owner of one or more public access AEDs shall develop an emergency response plan appropriate for the nature of the facility the AED is intended to serve.
Subd. 11. Civil liability. This section does not create any civil liability on the part of an AED owner or preclude civil liability under other law. Section 645.241 does not apply to this section.
EFFECTIVE DATE. This section is effective August 1, 2014.
*Minnesota Statutes -- 120B.236. Cardiopulmonary Resuscitation and Automatic External Defibrillator Instruction.
(a) School districts must provide onetime cardiopulmonary resuscitation and automatic external defibrillator instruction as part of their grade 7 to 12 curriculum for all students in that grade beginning in the 2014-2015 school year and later. Training and instruction provided under this section need not result in cardiopulmonary resuscitation certification. Cardiopulmonary resuscitation and automatic external defibrillator instruction must include cardiopulmonary resuscitation and automatic external defibrillator training that has been developed:
(1) by the American Heart Association or the American Red Cross and incorporate psychomotor skills to support the instruction; or
(2) using nationally recognized, evidence-based guidelines for cardiopulmonary resuscitation and incorporates psychomotor skills to support the instruction.
“Psychomotor skills” under this paragraph means hands-on practice to support cognitive learning; it does not mean cognitive-only instruction and training.
(b) School districts may use community members such as emergency medical technicians, paramedics, police officers, firefighters, and representatives of the Minnesota Resuscitation Consortium, the American Heart Association, or the American Red Cross, among others, to provide instruction and training under this section. Community members are encouraged to provide needed training and instructional resources such as cardiopulmonary resuscitation kits and other materials at no cost to the school districts. A school administrator may waive this curriculum requirement for a high school transfer student regardless of whether or not the student previously received instruction under this section, an enrolled student absent on the day the instruction occurred under this section, or an eligible student who has a disability. If a school district requests resources, the Minnesota Resuscitation Consortium must provide them to the district for instruction and training provided to students under this section.
*Minnesota Regulations, 3100.3600.
Administration of General Anesthesia, Deep Sedation, Moderate Sedation, Minimal Sedation, and Nitrous Oxide Inhalation Analgesia.
B. Dentists who administer general anesthesia, deep sedation, or moderate sedation or who provide dental services to patients under general anesthesia, deep sedation, or moderate sedation must ensure that the offices in which it is conducted have the following equipment: (1) an automated external defibrillator or full function defibrillator that is immediately accessible;
*Codes and regulations cited from Justia US Law.
**Codes and regulations cited from FindLaw.
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