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Emergency Law Inventory | Full Law Text

Law Number

N.J. Stat. 2A:62A-25

Summary Title

Liability: Use and Ownership of AED

Summary

The owner of or entity that maintains an AED will not be held legally responsible for a person's use or failure to use it. They can be held legally responsible if they know the identity of a person who is likely to use the AED in times of emergency but is not appropriately trained or credentialed.

Full Title

Responsibilities of person, entity acquiring automated external defibrillator

Full Text

A person or entity that acquires an automated external defibrillator shall: a. Ensure that any person, who is anticipated by the person or entity that acquires the defibrillator to be in a position to render emergency care or treatment by the use of a defibrillator in the performance of that person’s duties of employment or volunteer service, shall, prior to using that defibrillator, have successfully completed and hold a current certification from the American Red Cross, American Heart Association, or other training program recognized by the Department of Health and Senior Services in cardio-pulmonary resuscitation and use of a defibrillator; however, a person or entity that acquires a defibrillator shall not be liable for any act or omission of any lay person who uses the defibrillator in the rendering of emergency care; b. Ensure that the defibrillator is maintained and tested according to the manufacturer’s operational guidelines; c. Notify the appropriate first aid, ambulance, or rescue squad, or other appropriate emergency medical services provider that the person or entity has acquired the defibrillator, the type acquired, and its location; and d. Prior to purchasing the automated external defibrillator, provide the prescribing licensed physician with documentation that the person or entity purchasing the defibrillator has a protocol in place to comply with the requirements of subsections a., b., and c. of this section.