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Nebraska - 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.


Nebraska Summary
RequirementSummary
Good Samaritan LawNo person who delivers emergency care or treatment using an AED will be liable in any civil action from rendering such care or treatment in good faith.
EMS NotificationAn AED acquirer must notify local EMS of the existence, location, and type of AED.
Nebraska Statutes and Regulations
StatuteAbstract
Nebraska Revised Statutes, 71-51,102 Automated external defibrillator; use; conditions; liability.

(1) For purposes of this section:

(a) Automated external defibrillator means a device that:

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

(ii) Automatically charges and requests delivery of an electrical impulse to an individual’s heart when it has identified a condition for which defibrillation should be performed;

(b) Emergency medical service means an emergency medical service as defined in section 38-1207;

(c) Health care facility means a health care facility as defined in section 71-413;

(d) Health care practitioner facility means a health care practitioner facility as defined in section 71-414; and

(e) Health care professional means any person who is licensed, certified, or registered by the Department of Health and Human Services and who is authorized within his or her scope of practice to use an automated external defibrillator.

(2) Except for the action or omission of a health care professional acting in such capacity or in a health care facility, no person who delivers emergency care or treatment using an automated external defibrillator shall be liable in any civil action to respond in damages as a result of his or her acts of commission or omission arising out of and in the course of rendering such care or treatment in good faith. Nothing in this subsection shall be construed to (a) grant immunity for any willful, wanton, or grossly negligent acts of commission or omission or (b) limit the immunity provisions for certain health care professionals as provided in section 38-1232.

(3) A person acquiring an automated external defibrillator shall notify the local emergency medical service of the existence, location, and type of the defibrillator and of any change in the location of such defibrillator unless the defibrillator was acquired for use in a private residence, a health care facility, or a health care practitioner facility.
Nebraska Administrative Code, 172 NAC 14-001 Scope and Authority

These regulations apply to the acquiring and use of automated external defibrillators as defined in Neb. Rev. Stat. 71-51,102.
Nebraska Code, 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(6);

(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) guidelines for medical 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).
Nebraska Administrative Code, 172 NAC 14-002Definitions

Automated external defibrillator (AED) means a device that:

1. Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;

2. Is capable of determining, without intervention of an operator, whether defibrillation should be performed; and

3. Automatically charges and requests delivery of an electric impulse to an individual’s heart when it has identified a condition for which defibrillation should be performed.

Health care professional means any person who is licensed, certified, or registered by the Department of Health and Human Services Regulation and Licensure and who is authorized within his/her scope of practice to use an automated external defibrillator.
Nebraska Administrative Code, 172 NAC 014-003Acquisition of Automated External Defibrillators

A person acquiring an automated external defibrillator must notify the local emergency medical service of the existence, location, and type of the defibrillator, and of any change in the location of such defibrillator unless the defibrillator was acquired for use in a private residence, a health care facility, or a health care practitioner facility. If an Automated External Defibrillator is located in a vehicle or other movable object, only the primary site where the vehicle or object is located is required to be reported.
Nebraska Administrative Code, 172 NAC 14-004Liability

Except for the action or omission of a health care professional acting in such capacity or in a health care facility, no person who delivers emergency care or treatment using an automated external defibrillator as prescribed in 172 NAC 14 will be liable in any civil action to respond in damages as a result of his/her acts of commission or omission arising out of and in the course of rendering such care or treatment in good faith. Nothing in this section will be construed: (a) to grant immunity for any willful, wanton, or grossly negligent acts of commission or omission or (b) limit the immunity provisions for certain health care professionals as provided in Neb. Rev. Stat. § 71-5194.

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