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Massachusetts - 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.


Massachusetts Summary
RequirementSummary
Good Samaritan LawAny person, whose usual and regular duties do not include the provision of emergency medical care, and who, in good faith, attempts to render emergency care including, but not limited to, cardiopulmonary resuscitation or defibrillation, and does so without compensation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care.
Health ClubsA health club shall have on the premises at least one AED. Health clubs shall have in attendance during staffed business hours at least one employee or authorized volunteer as an AED provider.
SchoolsEach school committee and commonwealth charter school board of trustees shall ensure that every school under its jurisdiction has a written medical emergency response plan to reduce the incidence of life-threatening emergencies and to promote efficient responses to such emergencies.

Each school district, vocational district, charter school, approved private day or residential school and collaborative school shall provide and maintain at least one automated external defibrillator, AED, on site at each school facility.

Each school shall have on staff a person who is an AED provider having current certification in a training course in cardiopulmonary resuscitation and in the use of an AED in accordance with the standards established by the American Heart Association or the American National Red Cross.

The school administration shall ensure that an AED and AED provider is readily available at any school-sponsored athletic event.
Dental OfficesDentists who administer anesthesia are required to have an AED on site.
Long Term Care FacilitiesLong-term facilities (e.g. nursing homes) are required to have an AED on site.
Massachusetts Statutes and Regulations
StatuteAbstract
Massachusetts General Laws, G.L.c. 112, § 12V 1/2. Definitions

Section 12V 1/2. (a) As used in this section, the following words, shall, unless the context requires otherwise, have the following meanings:

AED a semi-automatic or automatic external defibrillator.

AED agency, a person that (i) possesses an AED that is maintained and tested in accordance with its manufacturer’s guidelines, (ii) permits an AED provider to use an AED in its possession, (iii) requires that each AED provider, in each instance of responding to a request for emergency care or treatment, contacts the police or emergency medical services in the city or town in which they are located and provides a report to its AED medical director, (iv) prior to implementation of its public access defibrillation program, notifies the local police and the emergency medical services provider of the number, type and location of the AED in its possession, and (v) contracts with an AED medical director, who shall be responsible for ensuring that the AED agency complies with AED maintenance, AED provider training and notice requirements.

AED medical director, a physician practicing in or adjacent to the regional emergency medical service region of the city or town in which the AED agency with which he contracts is located, who (i) is an emergency physician or cardiologist or a physician having specialized training and knowledge concerning public access defibrillation, (ii) is knowledgeable about emergency medical services protocols established pursuant to chapter 111C, (iii) is familiar with cardiopulmonary resuscitation and AED action sequences, (iv) coordinates the activities of the AED agency with which he contracts and its AED providers, with the protocols described and the action sequences described in this section, and (v) evaluates the activities of the AED agency with which he contracts.

AED provider, a person (i) who has successfully completed a course in cardiopulmonary resuscitation and in the use of an AED that meets or exceeds the standards established by the American Heart Association or the American National Red Cross and (ii) whose evidence of successful course completion has not expired.

Public access defibrillation program, a program sponsored by an AED agency, using AED providers and an AED medical director, which makes automatic external defibrillation and AED providers available to the public.

(b) Any AED provider who in good faith renders emergency cardiopulmonary resuscitation or automatic external defibrillation, in accordance with his training through a public access defibrillation program, to any person who apparently requires cardiopulmonary resuscitation or defibrillation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the rendering of emergency cardiopulmonary resuscitation or defibrillation.

(c) An AED medical director and an AED agency who in good faith participates in a public access defibrillator program shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from such participation.
Massachusetts General Laws, G.L.c. 112, § 12V. Exemption of certain trained individuals rendering emergency cardiopulmonary resuscitation or defibrillation from civil liability

Section 12V. Any person, whose usual and regular duties do not include the provision of emergency medical care, and who, in good faith, attempts to render emergency care including, but not limited to, cardiopulmonary resuscitation or defibrillation, and does so without compensation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care.
Massachusetts General Laws, G.L.c. 93, § 78A Health clubs to have AED and AED provider on premises

Section 78A. A health club shall have on the premises at least 1 AED, as defined in section 12V 1/2 of chapter 112, and shall have in attendance during staffed business hours at least 1 employee or authorized volunteer as an AED provider, as defined in said section 12V 1/2 of said chapter 112.

Massachusetts General Laws, G.L.c. 93, § 86. Actions for damages or other relief; actions involving use or non-use of defibrillator

Section 86
Absent a showing of gross negligence or willful or wanton misconduct, no cause of action against a health club or its employees may arise in connection with the use or non-use of a defibrillator.
Massachusetts General Laws, G.L.c. 69, § 8A. Medical emergency response plans; model plan

Section 8A. (a) Each school committee and commonwealth charter school board of trustees shall ensure that every school under its jurisdiction has a written medical emergency response plan to reduce the incidence of life-threatening emergencies and to promote efficient responses to such emergencies. The plan shall be in addition to the multi-hazard evacuation plan required under section 363 of chapter 159 of the acts of 2000.

Each plan shall include:

(1) a method for establishing a rapid communication system linking all parts of the school campus, including outdoor facilities and practice fields, to the emergency medical services system and protocols to clarify when the emergency medical services system and other emergency contact people shall be called;

(2) a determination of emergency medical service response time to any location on campus;

(3) a list of relevant contacts and telephone numbers with a protocol indicating when each person shall be called, including names of professionals to help with post-emergency support;

(4) a method to efficiently direct emergency medical services personnel to any location on campus, including to the location of available rescue equipment;

(5) safety precautions to prevent injuries in classrooms and on the facilities;

(6) a method of providing access to training in cardiopulmonary resuscitation and first aid for teachers, athletic coaches, trainers and other school staff, which may include training high school students in cardiopulmonary resuscitation; and

(7) in the event the school possesses an automated external defibrillator, the location of the device, whether or not its location is either fixed or portable and those personnel who are trained in its use.

Plans shall be developed in consultation with the school nurse, school athletic team physicians, coaches, trainers and the local emergency medical services agency, as appropriate. Schools shall practice the response sequence at the beginning of each school year and periodically throughout the year and evaluate and modify the plan as needed. Plans shall be submitted once every 3 years to the department of elementary and secondary education on or before September 1, beginning in the 2012-2013 school year. Plans shall be updated in the case of new construction or physical changes to the school campus.

Included in each initial and subsequent filing of a medical emergency response plan, each school district shall report on the availability of automated external defibrillators in each school within the district, including, the total amount available in each school, the location of each within the school, whether or not the device is in a fixed location or is portable, those personnel or volunteers who are trained in its use, those personnel with access to the device during regular school hours and after and the total estimated amount of automated external defibrillators necessary to ensure campus-wide access during school hours, after-school activities and public events.

(b) The department of elementary and secondary education, in consultation with the department of public health, shall develop a cost-neutral model medical emergency response plan in order to promote best practices. Said model plan shall be made available to school committees and commonwealth charter school boards. In developing the model plan, the department shall refer to research prepared by the American Heart Association, the American Academy of Pediatrics and other relevant organizations that identify the essential components of a medical emergency response plan. The department shall biennially update the model plan and post the plan on its website.
Massachusetts General Laws - G.L.c. 71, § 54CAEDs in schools

SECTION 1. (a) Each school district, vocational district, charter school, approved private day or residential school and collaborative school shall provide and maintain at least 1 automated external defibrillator, AED, on site at each school facility where instruction is provided. Each school shall have on staff a person who is an AED provider having current certification in a training course in cardiopulmonary resuscitation and in the use of an AED in accordance with the standards established by the American Heart Association or the American National Red Cross. The school administration shall ensure that an AED and AED provider is readily available at any school-sponsored athletic event.

(b) If a school system is unable to comply with the requirements of this section, the superintendent of the school district, the administration of a private day or residential school or the board of trustees of a charter school, shall request a hardship waiver from the department of elementary and secondary education. The department of elementary and secondary education, in consultation with the department of public health, shall make available to public schools a list of grants and other funding sources that a public school may access to facilitate the purchase of AEDs.

(c) An AED provider on staff by a school subject to this section who, in good faith, attempts to render emergency care, including cardiopulmonary resuscitation or defibrillation, and does so without compensation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care.

(d) The department of elementary and secondary education, in consultation with the department of public health, shall establish regulations and guidelines for the implementation, training, support and supervision of this section.

SECTION 2. The department of elementary and secondary education shall promulgate regulations required by subsection (d) of section 54C of chapter 71 of the General Laws not later than June 30, 2017.

SECTION 3. The provisions of shall take effect July 1, 2018.
Massachusetts Code of Regulations, 234 Mass. Code Regs. 6.04 Facility Permit D-AFacility Requirements for the Administration of General Anesthesia and Deep Sedation

6.04: Facility Permit D-A: Facility Requirements for the Administration of General Anesthesia and Deep Sedation

(1) Application. An applicant shall submit an accurate and complete application on form(s) provided by the Board and accompanied by the permit fee to be determined annually by the Executive Office of Administration and Finance. The application shall, at a minimum, include the following:

(a) Applicant name and Massachusetts dental license number;

(b) Name(s) of dental establishment(s), owner(s) of said establishment(s), and address(es) of the site(s) where anesthesia will be administered;

(c) Documentation of provision and maintenance of equipment, materials, and drugs required for the administration of general anesthesia and deep, moderate, minimal and nitrous oxide-oxygen sedation; and either

1. A written request for an on-site inspection conducted by the Board; or

2. A certificate of successful completion of an on-site inspection conducted by the Massachusetts Society of Oral and Maxillofacial Surgeons, if eligible by membership in that organization.

(2) Equipment Required for Facility Permit D-A. The following equipment shall be required to be provided and maintained on-site:

. . .

(c) Automated or manual external defibrillator;
Massachusetts Code of Regulations, 6.05: Facility Permit D-B1Facility Requirements for Administration of Moderate Sedation including Nitrous Oxide-oxygen in Conjunction with any Anesthetic or Enteral Sedative Agents Dispensed or Administered in the Dental Facility

(1) Application. An applicant shall submit an accurate and complete application on form(s) provided by the Board and accompanied by the permit fee to be determined annually by the Executive Office of Administration and Finance. The application shall, at a minimum, include the following:

(a) Applicant name and Massachusetts dental license number;

(b) Name(s) of dental establishment(s), owner(s) of said establishment, and address(es) of the site(s) where anesthesia will be administered;

(c) Documentation of provision and maintenance of equipment, materials, and drugs required for the administration of moderate, minimal and nitrous oxide-oxygen sedation;

(d) A written request for an on-site inspection conducted by the Board; and

(e) Other information as may be requested by the Board.

(2) Equipment Required for a Facility Permit D-B1. The following equipment shall be required to be provided and maintained on-site:

. . .

(b) Automated or manual external defibrillator;
Massachusetts Code of Regulations, 6.06: Facility Permit D-B2Facility Requirements for Administration of Minimal Sedation and/or Nitrous Oxide-oxygen in Conjunction with an Enteral Agent Dispensed or Administered in a Dental Facility

(1) Application. An applicant shall submit an accurate and complete application on form(s) provided by the Board and accompanied by the permit fee to be determined annually by the Executive Office of Administration and Finance. The application shall, at a minimum, include the following:

(a) Applicant name and Massachusetts dental license number;

(b) Name(s) of dental establishment(s), owner(s) of said establishment, and address(es) of the site(s) where anesthesia will be administered;

(c) Documentation of provision and maintenance of equipment, materials, and drugs required for the administration of minimal and nitrous oxide-oxygen sedation;

(d) A written request for an on-site inspection conducted by the Board; and

(e) Any other information as may be requested by the Board.

(2) Equipment Required for a Facility Permit D-B2. The following equipment shall be required to be provided and maintained on-site:

. . .

(b) Automated or manual external defibrillator;
Massachusetts Code of Regulations, 6.07: Facility Permit D-CAdministration of Nitrous Oxide-oxygen Sedation Only

1) Application. An applicant shall submit an accurate and complete application on form(s) provided by the Board and accompanied by the permit fee to be determined annually by the Executive Office of Administration and Finance. The application shall, at a minimum, include the following:

(a) Applicant name and Massachusetts dental license number;

(b) Name(s) of dental establishment(s), owner(s) of said establishment(s), and address(es) of the site(s) where anesthesia will be administered; and

(c) Documentation of the provision and maintenance of equipment, materials, and drugs required for emergency response and the administration of nitrous oxide-oxygen sedation.

(2) Equipment Required for a Facility Permit D-C.

. . .

(b) Automated or manual external defibrillator, except that the manual defibrillator shall only be operated by an individual certified in ACLS or PALS;
Massachusetts Code of Regulations, 6.08: Mobile Facility Permit D-HFacility Requirements for Dental Offices Using Mobile and/or Portable Anesthesia Services

Each dental facility or practice site utilizing mobile or portable anesthesia services is required to have a Facility Permit D-H. The operating dentist shall be responsible for ensuring that the qualified dental anesthesiologist has the proper individual anesthesia permit issued by the Board, and that the portable anesthesia service is appropriately permitted and equipped in accordance with 234 CMR 6.00 for the level of pain control and/or sedation to be provided.

(1) Application. An applicant shall submit an accurate and complete application on form(s) provided by the Board and accompanied by the permit fee to be determined annually by the Executive Office of Administration and Finance. The application shall, at a minimum, include the following:

(a) Applicant name and Massachusetts dental license number;

(b) Name(s) of dental establishment(s), owner(s) of said establishment(s), and address(es) of the site(s) where anesthesia will be administered; and

(c) Documentation of the provision and maintenance of equipment, materials, and drugs and emergency response protocols required by the Board pursuant to 234 CMR 6.08(2).

(2) Equipment and Drugs Required for Facility Permit D-H. Equipment and Drugs Required for Facility Permit D-H. A facility that hosts a mobile or portable dental anesthesia service will be required, at a minimum, to have the following equipment supplies and drugs:

(a) Equipment and Supplies:

. . .

2. Automated or manual external defibrillator, except that the manual defibrillator shall only be operated by an individual certified in ACLS or PALS;
Massachusetts Code of Regulations, 6.15Administration of Local Anesthesia Only

(1) Scope of Practice.

(a) A dentist licensed to practice dentistry may administer local anesthesia under the authority of his or her dental license. The administering dentist shall be currently certified in Basic Life Support (BLS).
(b) The Board may issue qualified dental hygienists, licensed pursuant to M.G.L. c. 112, § 51, a Permit L which authorizes the holder to administer local anesthesia under the direct supervision of a licensed dentist.

(2) Equipment and Supplies Required. The following equipment and drugs are required where local anesthesia is administered:
. . .
(b) Automated External Defibrillator (AED);
Massachusetts Code of Regulations, 105 Mass. Code Regs. 150.002Administration (long term care facilities)

(I) No later than November 30, 2005, the administrator of a nursing facility shall acquire an automated external defibrillator and develop policies and procedures for the rendering of automated external defibrillation in the facility.

(1) All persons certified to provide automated external defibrillation shall

(a) successfully complete a course in cardiopulmonary resuscitation and in the use of an automated external defibrillator that meets or exceeds the standards established by the American Heart Association or the American National Red Cross;

(b) have evidence that course completion is current and not expired.

(2) For the purposes of 105 CMR 150.000, the facility shall contract with or employ a physician who shall be the automated external defibrillation medical director for the facility.

(a) The medical director shall oversee and coordinate the automated external defibrillation activities of the facility including:

1. maintenance and testing of equipment in accordance with manufacturer's guidelines;

2. certification and training of facility personnel;

3. periodic performance review of the facility automated external defibrillation activity.

(b) The medical director shall integrate the facility automated external defibrillation activity with the local Emergency Medical response system.

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