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Montana AED Laws
Forum Index > State Laws & Legislation
Author Message

AED-SHOP.com
 
Posts: 120
Joined: 6/9/2010
Montana AED Law - House Bill 126 (HB 126)

The State of Montana has enacted an AED Law that protects organizations and individuals that own an AED from liability when the guidelines set forth in the law are followed.  The Montana AED Law states the following:

"Section 3. AED program -- requirements for AED use. 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 [sections 2 through 7] and rules adopted by the department pursuant to [section 4]. The plan must specify:

(a) where the AED will be placed;

(b) the individuals who are authorized to operate the AED;

(c) how AED use will be coordinated with an emergency medical service providing services in the area where the AED is located;

(d) the medical supervision that will be provided;

(e) the maintenance that will be performed on the AED;

(f) records that will be kept by the program;

(g) reports that will be made of AED use;

(h) the name, location, and telephone number of a physician, or other individual designated by the physician, designated to provide medical supervision of the AED program; and

(i) other matters as specified by the department;

(2) adhere to the written plan required by subsection (1);

(3) ensure that before using the AED, an individual authorized to operate the AED receives 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) ensure that the physician or other individual designated by the physician to supervise the AED program supervises the AED program to ensure compliance with the written plan, [sections 2 through 7], and rules adopted by the department pursuant to [section 4] and reviews each case in which the AED is used;

(6) 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;

(7) before allowing any use of an AED, provide the following to all licensed emergency medical services and any public safety answering point or emergency dispatch center providing services to the area where the AED 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; and

(8) comply with [sections 2 through 7] and rules adopted by the department pursuant to [section 4]."

The Montana AED Law requires organizations to establish an AED Program.  The AED law specifies in detail what is required of the AED Program. The AED Program established specify where the AED should be placed, who is responsible for the program and the AED, maintaining the AED, and creating reports for the AED Program.  Having an AED Program in place will ensure that the organization is compliant with the law as long as all the guidelines set forth are followed.

To view the Montana AED Law, CLICK HERE.

Our goal at AED-SHOP.com is to educate the public about Sudden Cardiac Arrest and how AEDs increase the survival rate. In need of an AED for your organization, CPR training for your staff, or AED replacement accessories?  Contact us today with your questions or concerns at 877-251-7467 or customerservice@aed-shop.com.

Posted: 3/18/2011 1:32 PM

AED-SHOP.com
 
Posts: 120
Joined: 6/9/2010
Montana Good Samaritan Law - Hosue Bill 126 (HB 126)

The State of Montana has enacted a Good Samaritan Law to protect individuals and organizations that aid a victim during an emergency.  The Montana Good Samaritan Law states the following:

"Section 6. Liability limitations.

(1) An individual who provides emergency care or treatment by using an AED in compliance with [sections 2 through 7] and rules adopted by the department pursuant to [section 4] and an individual providing cardiopulmonary resuscitation to an individual upon whom an AED is or may be used are immune from civil liability for a personal injury that results from that care or treatment or from civil liability as a result of any act or failure to act in providing or arranging further medical treatment for the individual upon whom the AED was used unless the individual using the AED or the person providing cardiopulmonary resuscitation, as applicable, acts with gross negligence or with willful or with wanton disregard for the care of the person upon whom the AED is or may be used."

To view the Montana Good Samaritan Law, CLICK HERE.

Our goal at AED-SHOP.com is to educate the public about Sudden Cardiac Arrest and how AEDs increase the survival rate. In need of an AED for your organization, CPR training for your staff, or AED replacement accessories?  Contact us today with your questions or concerns at 877-251-7467 or customerservice@aed-shop.com.

Posted: 4/6/2011 8:33 AM

AEDSHOP.com
 
Posts: 60
Joined: 12/13/2013
Montana Revised AED Requirement Law- Senate Bill 95 (SB95)

 

AN ACT REMOVING THE REQUIREMENT FOR A PHYSICIAN DIRECTOR OF AN

AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM; AMENDING SECTIONS

50-6-502, 50-6-503, AND 50-6-505, MCA; AND PROVIDING AN EFFECTIVE DATE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 50-6-502, MCA, is amended to read:

     "50-6-502.  AED program -- requirements for AED use. 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 this part and rules adopted by the department

pursuant to 50-6-503. The plan must specify:

     (a)  where the AED will be placed;

     (b)  the individuals who are authorized to operate the AED;

     (c)  how AED use will be coordinated with an emergency medical service

    providing services in the area where the AED is located;

     (d)  the medical supervision oversight that will be provided;

     (e)  the maintenance that will be performed on the AED;

     (f)  records that will be kept by the program;

     (g)  reports that will be made of AED use; and

     (h)  the name, location, and telephone number of a physician,

    or other individual designated by the physician, designated to

 provide medical supervision of the AED program; and

     (i)(h)  other matters as specified by the department;

     (2)  adhere to the written plan required by subsection (1);

ensure that before using the AED, an individual authorized

to operate the AED receives appropriate training approved by the

department in cardiopulmonary resuscitation and the proper use of an AED;

maintain, test, and operate the AED according to the manufacturer's

(2)    guidelines and maintain written records of all maintenance

 and testing performed on the AED;

     (5)  ensure that the physician or other individual designated by the

       physician to supervise the AED program supervises the AED program

 to ensure compliance with the written plan, this part, and rules adopted

 by the department pursuant to 50-6-503 and reviews each case in which

 the AED is used;

     (6)(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;

     (7)(6)  before allowing any use of an AED, provide the following to

all licensed emergency medical services and any public safety answering

 point or emergency dispatch center providing services to the area

where the AED 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; and

     (8)(7)  comply with this part and rules adopted by the department pursuant to

    50-6-503."

 

     Section 2.  Section 50-6-503, MCA, is amended to read:

     "50-6-503.  Rulemaking. (1) The department shall adopt rules specifying

     the following:

     (a)  the contents of the written notice required by 50-6-502(7);

     (b)  reporting requirements for each use of an AED;

     (c)  the contents of a plan prepared in accordance with 50-6-502 and requirements

     applicable to the subject matter of the plan;

     (d)  training requirements in cardiopulmonary resuscitation and AED use for

      any individual authorized by an AED program plan to use an AED;

     (e) requirements guidelines for medical supervision oversight of an AED program;

     (f)  minimum requirements for a medical protocol for use of an AED;

     (g)  performance requirements for an AED in order for the AED to be used in an AED

     program; and

     (h)  a list of the AED training programs approved by the department.

     (2)  The department may not adopt rules for any purpose other than those in subsection (1)."

 

     Section 3.  Section 50-6-505, MCA, is amended to read:

     "50-6-505.  Liability limitations. (1) An individual who provides emergency

care or treatment by using an AED in compliance with this part and rules

adopted by the department pursuant to 50-6-503 and an individual

 providing cardiopulmonary resuscitation to an individual upon whom an

 AED is or may be used are immune from civil liability for a personal injury

 that results from that care or treatment or from civil liability as a result of any

 act or failure to act in providing or arranging further medical treatment for

 the individual upon whom the AED was used unless the individual

 using the AED or the person providing cardiopulmonary resuscitation, as

 applicable, acts with gross negligence or with willful or with wanton disregard

for the care of the person upon whom the AED is or may be used.

(3)   The following individuals or entities are immune from civil liability for any

(4)    personal injury that results from an act or omission that does not amount to

(5)    willful or wanton misconduct or gross negligence if applicable provisions

(6)   of this part and rules adopted by the department pursuant to 50-6-503 have

(7)   been met by the individual or entity:

(a)   the physician supervising a person providing medical oversight of the AED

(b)    program or the person designated by a physician to supervise the program,

(c)    either of whom are, as designated in the plan prepared pursuant to 50-6-502;

     (b)  the entity responsible for the AED program, as designated

   in the plan prepared pursuant to 50-6-502;

 

     (c)  an individual providing training to others on the use of an AED."

 

To view the Montana AED Law, CLICK HERE.

Our goal at AED-SHOP.com is to educate the public about Sudden Cardiac Arrest and how AEDs increase the survival rate. In need of an AED for your organization, CPR training for your staff, or AED replacement accessories?  Contact us today with your questions or concerns at 877-251-7467 or customerservice@aed-shop.com.

 

Posted: 1/13/2014 1:33 PM
Forum Index > State Laws & Legislation