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Arkansas - AED Statutes & Regulations

AED owners are legally responsible to ensure compliance and emergency readiness of their AEDs. Each unit must meet certain requirements from the FDA, the local state, and individual AED manufacturers, which can be a challenging task to maintain. Thousands of customers rely on us to manage their AED compliance through our easy to use tool called LifeShield. Learn more about how we support our clients with an unmatched AED compliance program offering here.


Arkansas Summary
RequirementSummary
Good Samaritan LawGood Samaritan Law states that an individual who offers emergency care in good faith to a person who is suffering or appears to be suffering from SCA is immune from civil liability.
Maintenance Program AEDs should be maintained according to the manufacturer's specifications.
CPR/AED Training Persons or entities that acquire an AED must ensure that users complete AED training.
Schools AEDs are required in schools and AED training is required in schools. Students in grades 9-12 should vie trained in CPR.
Criminal Detention Centers AEDs are required in criminal detention centers.
Arkansas Satutes and Regulations
StatuteAbstract
Arkansas Code - 20-13-1302 Legislative intent.

The General Assembly finds that early defibrillation can sustain the life of and temporarily stabilize a person in cardiac arrest, thus helping to preserve the Arkansas family. It is the intent of the General Assembly that the public have access to automated external defibrillators for the purpose of saving the lives of persons in cardiac arrest.
Arkansas Code - 20-13-1303. Definitions

As used in this subchapter:

(1) Automated external defibrillator means a device that:

(A) Is used to administer an electric shock through the chest wall to the heart;

(B) Has built-in computers within the device to assess the patient’s heart rhythm, judge whether defibrillation is needed, and then administer the shock;

(C) Has audible or visual prompts, or both, to guide the user through the process;

(D) Has received approval from the United States Food and Drug Administration of its premarket modification, filed pursuant to 21 U.S.C. § 360(k);

(E) Is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia and is capable of determining without intervention by an operator whether defibrillation should be performed; and

(F) Upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual’s heart or charges and delivers an electrical impulse at the command of the operator;

(2) Cardiac arrest means a condition, often sudden, that is due to abnormal heart rhythms called arrhythmias. It is generally the result of some underlying form of heart disease;

(3) Cardiopulmonary resuscitation means a combination of rescue breathing and chest compressions and external cardiac massage used to sustain a person’s life until advanced assistance arrives;

(4) Defibrillation means administering an electrical impulse to an individual’s heart in order to stop ventricular fibrillation or rapid ventricular tachycardia;

(5) Emergency medical services means the transportation and medical care provided the ill or injured prior to arrival at a medical facility by a certified emergency medical technician or other health care provider and continuation of the initial emergency care within a medical facility subject to the approval of the medical staff and governing board of that facility;

(6) Person means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not; and

(7) Ventricular fibrillation means the most common arrhythmia that causes cardiac arrest. It is a condition in which the heart’s electrical impulses suddenly become chaotic, of ten without warning, causing the heart’s pumping action to stop abruptly.
Arkansas Code - 20-13-1304. Access by the public to defibrillators

(a) In order to ensure the public health and safety, a person or entity that acquires an automated external defibrillator shall ensure that:

(1) Expected automated external defibrillator users complete appropriate knowledge and skills courses at least one (1) time every two (2) years in cardiopulmonary resuscitation and automated external defibrillator use based upon current American Heart Association scientific guidelines, standards, and recommendations for providing cardiopulmonary resuscitation and the use of automated external defibrillators as published in American Heart Association, American Red Cross, or equivalent course materials;

(2) The defibrillator is maintained and tested according to the manufacturer’s operational guidelines and instructions; and

(3) Any person who renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical services system as soon as possible and immediately reports any clinical use of the automated external defibrillator to the medical provider responding to the emergency.

(b) Any person or entity that acquires an automated external defibrillator shall notify an agent of emergency communications, 911, or vehicle dispatch center of the existence, location, and type of automated external defibrillator.
Arkansas Code - 20-13-1305. Automated external defibrillator use and tort immunity

(a) Any person or entity that in good faith and without compensation renders emergency care or treatment by the use of an automated external defibrillator is immune from civil liability for any personal injury as a result of the care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.

(b) The immunity from civil liability for any personal injury under subsection (a) of this section includes:

(1) A physician or medical facility that is involved with automated external defibrillator placement;

(2) Any person or entity that provides cardiopulmonary resuscitation and automated external defibrillator training to the person or entity acquiring an automated external defibrillator; and

(3) The person or entity responsible for the location where the automated external defibrillator is located or used.

(c) The immunity from civil liability under subsection (a) of this section does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering the emergency care.

(d) The requirements of § 20-13-1304 do not apply to any individual using an automated external defibrillator in an emergency setting if that individual is acting as a Good Samaritan under the provisions of either § 17-95-101 or § 17-95-106
Arkansas Code - 20-13-1306. Health spas

(a) As used in this section, health spa means any person, firm, corporation, organization, club, or association engaged in the sale of:

(1) Memberships in a program of physical exercise that includes the use of one (1) or more sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device; or

(2) The right or privilege to use exercise equipment or facilities such as a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device, including, but not limited to:

(A) For-profit businesses, firms, corporations, organizations, clubs, or associations;

(B) Bona fide nonprofit organizations, including, but not limited to, the Young Mens Christian Association, Young Womens Christian Association, or similar organizations whose functions as health spas are only incidental to the overall functions and purposes;

(C) Any organization primarily operated for the purpose of teaching a particular form of martial arts such as judo or karate;

(D) Any college or university fitness center;

(E) Any country club; or

(F) Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months.

(b)(1) Each health spa shall have at least one (1) automated external defibrillator on the premises.

(2) The defibrillator shall at all times be placed in the location that best provides accessibility to staff, members, and guests.

(3) At all times during staffed business hours, the spa shall ensure that at least one (1) employee who has completed a knowledge and skills course in operating an automated external defibrillator and in cardiopulmonary resuscitation is assigned to be on duty.

(4) An unstaffed health spa shall have on the premises:

(A) A telephone for 911 telephone call access;

(B) An advisory warning that indicates that members of the unstaffed health spa should be aware that working out alone may pose risks to the health spa member’s health and safety; and

(C) In plain view:

(i) A sign indicating the location of the automated external defibrillator; and

(ii) A sign providing instruction in the use of the automated external defibrillator and in cardiopulmonary resuscitation.

(c) No cause of action against a health spa or its employees may arise in connection with the use or nonuse of an automated external defibrillator unless the health spa has:

(1) Failed to purchase an automated external defibrillator as required under this section; or

(2) Acted with gross negligence in the use of an automated external defibrillator.

(d) If a health spa does not comply with this section, any contract for health spa services shall be voidable at the option of the buyer.
Arkansas Code - 6-10-122.Automated external defibrillators required

(a)(1) The State Board of Education shall promulgate rules to require that:

(A) Each school campus have an automated external defibrillator; and

(B)(i) Appropriate school personnel be adequately trained on or before May 31, 2011; and

(ii) After May 31, 2011, appropriate school personnel be adequately trained on an ongoing basis.

(2) To enhance the potential life-saving capability of each automated external defibrillator, the rules shall include without limitation provisions regarding the availability of the school’s automated external defibrillator at school-related activities, such as athletic events.

(b) To minimize the financial impact on school districts, each school district may apply for a grant from the Department of Health to purchase an automated external defibrillator or related equipment or to provide training to its personnel, or any combination of purchase of an automated external defibrillator or related equipment or provision of training to personnel.

(c) Beginning in 2011, the Commissioner of Education shall provide a report to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor on or before July 1 each year regarding the implementation of this section and the status of automated external defibrillator availability on each school campus.
Arkansas Code - 6-10-123.School-based automated external defibrillator and cardiopulmonary resuscitation programs.

(a) The State Board of Education, after consultation with the Department of Health, shall develop rules based on guidelines for automated external defibrillator and cardiopulmonary resuscitation training that incorporates at least the following:

(1) Health care provider oversight, including planning and review of the selection, placement, and maintenance of automated external defibrillators;

(2) Appropriate training of anticipated rescuers in the use of the automated external defibrillator and in cardiopulmonary resuscitation;

(3) Testing of psychomotor skills based on the American Heart Association scientific guidelines, standards, and recommendations for the use of the automated external defibrillator, as they existed on January 1, 2009, and for providing cardiopulmonary resuscitation as published by the American Heart Association, American Red Cross, or in equivalent course materials, as they existed on January 1, 2009;

(4) Coordination with the emergency medical services system; and

(5) An ongoing quality improvement program to monitor training and evaluate response with each use of the automated external defibrillator.

(b) Automated external defibrillator and cardiopulmonary resuscitation training shall count fully toward the existing professional development requirements for teachers and school personnel.
Arkansas Code - 6-16-142.Cardiopulmonary resuscitation instruction.

(a) Beginning with the 2014-2015 school year, a public school student in grades nine through twelve (9-12) shall be trained in quality psychomotor skill bases in cardiopulmonary resuscitation before the student graduates from high school.

(b) The course shall not be a certification process but shall follow the standards established by the American Heart Association, the American Red Cross, or another nationally recognized organization that uses current, evidence-based emergency cardiac care guidelines and incorporates psychomotor skill development in the instruction and the use of automated external defibrillators.
Arkansas Code of Regulations - 005.01.016 Section 2.00Purpose

2.01 The purpose of this rule is to require schools to have Automated External Defibrillators if funds are available as required by 5.01.
Arkansas Code of Regulations - 005.01.016 Section 3.00Definitions

3.01 Automated External Defibrillator A device that is used to administer an electric shock through the chest wall to the heart; has built in computers within the device to assess the patient’s heart rhythm, judge whether defibrillation is needed, and then administer the shock; has audible or visual prompts, or both, to guide the user through the process; has received approval from the United States Food and Drug Administration of its premarket modification, filed pursuant to 21 U.S.C. § 360(k); is capable of recognizing the presence or absence of ventricular fibrillation and rapid ventricular tachycardia and is capable of determining without intervention by an operator whether defibrillation should be performed; and upon determining that defibrillation should be performed, either automatically charges and delivers an electrical impulse to an individual’s heart or charges and delivers an electrical impulse at the command of the operator.

3.02 Cardiac arrest means a condition, often sudden, that is due to abnormal heart rhythms called arrhythmias. It is generally the result of some underlying heart disease.

3.03 CPR means a combination of rescue breathing and chest compressions and external cardiac massage used to sustain a person’s life until advanced assistance arrives.

3.04 Defibrillation means administering an electrical impulse to an individual’s heart in order to stop ventricular fibrillation or rapid ventricular tachycardia.

3.05 Ventricular fibrillation means the most common arrhythmia that causes cardiac arrest. It is a condition in which the heart’s electrical impulses suddenly become chaotic; often without warning, causing the heart’s pumping action to stop abruptly
Arkansas AED Regulation

4.01 Schools are required to have an automated external defibrillator if funds are available as required by 5.01.

4.02 Schools that acquire an automated external defibrillator must ensure that expected automated external defibrillator users complete appropriate knowledge and skills courses at least once every two (2) years in CPR and automated external defibrillator use based upon current American Heart Association scientific guidelines, standards, and recommendations for providing CPR and the use of automated external defibrillators as published in American Heart Association, American Red Cross, or equivalent course materials.

4.03 Schools that acquire an automated external defibrillator must ensure that the defibrillator is maintained and tested according to the manufacturer’s operational guidelines and instructions.

4.04 Any person who renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical services system as soon as possible and immediately reports any clinical use of the automated external defibrillator to the medical provider responding to the emergency.

4.05 Schools that acquire an automated external defibrillator must notify an agent of emergency communications, 911, or vehicle dispatch center of the existence, location, and type of automated external defibrillator.

4.06 Pursuant to Ark Code Ann. § 20-13-1305(a), any person who in good faith and without compensation renders emergency care or treatment using an automated external defibrillator is immune from civil liability for any personal injury as a result of the care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment, if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.
Arkansas Code of Regulations - 005.01.016 Section 5.00Funding

5.01 Districts are required to comply with these Rules to the extent that appropriations have been made by the General Assembly to cover the expenditures required by the districts to purchase automated external defibrillators.
Arkansas Code of Regulations - 006.26.14Criminal Detention Facility Standards

SECTION 9-1009 EMERGENCY AND LIFE SAVING TECHNIQUES AND EQUIPMENT REQUIRED [applicable to criminal detention facilities]

A first aid kit and an automatic external defibrillator (AED) shall be available in a secure, but easily accessible, location within the Detention Facility. A medical training program or suitable alternative shall be established for Detention Facility personnel, such as first aid, CPR or any other available programs that will aid in the recognition of signs and symptoms of and knowledge of action required in potential emergency situations. All personnel shall maintain certification for life saving techniques and devices.

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