Washington
Washington requires AED programs to maintain maintenance, training, medical direction, AED placement reporting, and EMS activation requirements. The Good Samaritan law protects all participants if they only used AED for AED-related activities. All other AED program activities are not covered. Immunity is not determined on compliance with specified administrative and operational requirements. Washington requires all dentist offices to have access to an AED.
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Washington Law Key Takeaways
| Requirement | Summary |
|---|---|
| Good Samaritan Law | Protection from civil immunity is provided for rescuers, as well as for AED acquirers, physicians, trainers, and more. |
| AED Training | A person or entity who acquires a defibrillator shall ensure that expected defibrillator users receive reasonable instruction in defibrillator use and cardiopulmonary resuscitation by a course approved by the department of health. |
| AED Maintenance | The defibrillator is maintained and tested by the acquirer according to the manufacturer's operational guidelines. |
| Medical Oversight |
Upon acquiring a defibrillator, medical direction is enlisted by the acquirer from a licensed physician in the use of the defibrillator and cardiopulmonary resuscitation. The person or entity who acquires a defibrillator shall notify the local emergency medical services organization about the existence and the location of the defibrillator. |
| AED Use | The defibrillator user shall call 911 or its local equivalent as soon as possible after the emergency use of the defibrillator and shall assure that appropriate follow-up data is made available as requested by emergency medical service or other health care providers. |
| Schools | Each school district that operates a high school must offer instruction in cardiopulmonary resuscitation to students. |
| Dentist | Dental offices which provide minimal, moderate, deep sedation, or general anesthesia must have an AED on site. |
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Washington Statutes and Regulations
*Washington Revised Code -- RCW 70.54.310.
(1) As used in this section, “defibrillator” means a semiautomatic external defibrillator as prescribed by a physician licensed under chapter 18.71 RCW or an osteopath licensed under chapter 18.57 RCW.
(2) A person or entity who acquires a defibrillator shall ensure that:
(a) Expected defibrillator users receive reasonable instruction in defibrillator use and cardiopulmonary resuscitation by a course approved by the department of health;
(b) The defibrillator is maintained and tested by the acquirer according to the manufacturer's operational guidelines;
(c) Upon acquiring a defibrillator, medical direction is enlisted by the acquirer from a licensed physician in the use of the defibrillator and cardiopulmonary resuscitation;
(d) The person or entity who acquires a defibrillator shall notify the local emergency medical services organization about the existence and the location of the defibrillator; and
(e) The defibrillator user shall call 911 or its local equivalent as soon as possible after the emergency use of the defibrillator and shall assure that appropriate follow-up data is made available as requested by emergency medical service or other health care providers.
(3) A person who uses a defibrillator at the scene of an emergency and all other persons and entities providing services under this section are immune from civil liability for any personal injury that results from any act or omission in the use of the defibrillator in an emergency setting.
(4) The immunity from civil liability does not apply if the acts or omissions amount to gross negligence or willful or wanton misconduct.
(5) The requirements of subsection (2) of this section shall not apply to any individual using a defibrillator in an emergency setting if that individual is acting as a good Samaritan under RCW 4.24.300.
**Washington Revised Code -- RCW 28A.230.179.
(1) Each school district that operates a high school must offer instruction in cardiopulmonary resuscitation to students as provided in this section. Beginning with the 2013-14 school year, instruction in cardiopulmonary resuscitation must be included in at least one health class necessary for graduation.
(2) Instruction in cardiopulmonary resuscitation under this section must:
(a) Be an instructional program developed by the American heart association or the American red cross or be nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for cardiopulmonary resuscitation;
(b) Include appropriate use of an automated external defibrillator, which may be taught by video; and
(c) Incorporate hands-on practice in addition to cognitive learning.
(3) School districts may offer the instruction in cardiopulmonary resuscitation directly or arrange for the instruction to be provided by available community-based providers. The instruction is not required to be provided by a certificated teacher. Certificated teachers providing the instruction are not required to be certified trainers of cardiopulmonary resuscitation. A student is not required to earn certification in cardiopulmonary resuscitation to successfully complete the instruction for the purposes of this section.
*Washington Revised Code -- RCW 28A.300.471.
(1) An automated external defibrillator is often a critical component in the chain of survival for a cardiac arrest victim.
(2) The office of the superintendent of public instruction, in consultation with school districts and stakeholder groups, shall develop guidance for a medical emergency response and automated external defibrillator program for high schools.
(3) The medical emergency response and automated external defibrillator program must comply with current evidence-based guidance from the American heart association or other national science organization.
(4) The office of the superintendent of public instruction, in consultation with the department of health, shall assist districts in carrying out a program under this section, including providing guidelines and advice for seeking grants for the purchase of automated external defibrillators or seeking donations of automated external defibrillators. The superintendent may coordinate with local health districts or other organizations in seeking grants and donations for this purpose.
*Washington Revised Code -- 4.24.300. Immunity from liability for certain types of medical care.
(1) Any person, including but not limited to a volunteer provider of emergency or medical services, who without compensation or the expectation of compensation renders emergency care at the scene of an emergency or who participates in transporting, not for compensation, therefrom an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or willful or wanton misconduct. Any person rendering emergency care during the course of regular employment and receiving compensation or expecting to receive compensation for rendering such care is excluded from the protection of this subsection.
(4) Any school district employee not licensed under chapter 18.79 RCW who renders emergency care at the scene of an emergency during an officially designated school activity or who participates in transporting therefrom an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
*Washington Administrative Code, WAC 246-817-722.
Defibrillator in dental offices.
(1) Every dental office in the state of Washington that administers minimal, moderate, or deep sedation, or general anesthesia, as defined in WAC 246-817-710, must have an automated external defibrillator (AED) or defibrillator.
(2) The dentist and staff must have access to the AED or defibrillator in an emergency, and it must be available and in reach within sixty seconds.
(3) A dental office may share a single AED or defibrillator with adjacent businesses if it meets the requirements in this section.
*Washington Administrative Code, § 246-817-770.
General anesthesia and deep sedation [dental offices]
(5) Equipment and emergency medications: All offices in which general anesthesia (including deep sedation) is administered must comply with the following equipment standards:
(g) Ancillary equipment which must include the following:
(xi) Defibrillator or automatic external defibrillator (AED) available and in reach within sixty seconds from any area where general or deep anesthesia care is being delivered. Multiple AEDs or defibrillators may be necessary in large facilities. The AED or defibrillator must be on the same floor. (In dental office settings where sedation or general anesthesia are not administered, AEDs or defibrillators are required as defined in WAC 246-817-722.)
*Codes and regulations cited from Justia US Law.
**Codes and regulations cited from Wa.gov.
Note: The information on this page is intended to educate readers on the general topic of AEDs and AED legislation. AED.com does not guarantee completeness or accuracy of any AED law interpretation, summary, or listing. This information is intended to be a summary of general facts and not legal advice. For assistance interpreting and determining AED law compliance in your state, please contact us.
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.
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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.
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