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Massachusetts

In Massachusetts, AED programs are mandated to include maintenance, training, medical direction, placement reporting, EMS activation, and post-event reporting. The Good Samaritan law extends protection to AED owners, users, and medical directors, but not to AED trainers. Immunity under this law isn’t contingent upon compliance with specific administrative and operational requirements. The state also requires AEDs to be installed in various locations, including schools, assisted living facilities, health clubs, and dentist offices. This comprehensive approach aims to ensure swift and effective responses to cardiac emergencies, enhancing public safety across different settings.

Massachusetts Law Key Takeaways

Requirement

Summary

Good Samaritan Law
Individuals who typically do not provide emergency medical care in their regular duties are protected under Good Samaritan laws when they attempt to offer emergency aid in good faith. This aid may include, but is not limited to, cardiopulmonary resuscitation (CPR) or defibrillation, and must be performed without compensation. Such individuals are shielded from liability for acts or omissions, except in cases of gross negligence or willful misconduct, arising from their efforts to provide emergency care. These laws aim to encourage prompt and compassionate responses to emergencies, fostering a safer environment for all.
Health Clubs
Health clubs must have at least one AED on-site and one trained provider during business hours, ensuring quick response to emergencies.
Schools
Each school committee and charter school board must ensure that every school in their jurisdiction has a written medical emergency response plan to minimize life-threatening situations and facilitate swift responses. Moreover, each educational institution, including public, vocational, charter, private, and collaborative schools, is required to have at least one AED on-site. Additionally, schools must employ staff members certified as AED providers with training in CPR and AED usage according to standards set by recognized organizations like the American Heart Association or the American National Red Cross. The school administration is responsible for ensuring the availability of both the AED and trained provider at any school-sponsored athletic event, prioritizing the safety of students and staff during extracurricular activities.
Dental Offices
Dentists who administer anesthesia are required to have an AED on site.
Long Term Care Facilities
Long-term facilities (e.g. nursing homes) are required to have an AED on site.

Massachusetts Statutes and Regulations

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.

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.

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.

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.

Section 8A. (a) Each school committee and commonwealth charter school board of trustees shall ensure that every school under its jurisdiction has a written emergency response plan that addresses both medical and behavioral health crises to reduce the incidence of life-threatening medical emergencies and behavioral health crises and to promote efficient and appropriate 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.

(b) 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 or mobile behavioral health crisis response services and protocols to clarify when the emergency medical services or mobile behavioral health mobile crisis response services and other emergency contact people shall be called;

(2) a determination of medical or behavioral health emergency response time to any location on the school 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 or behavioral health mobile crisis personnel to any location on campus, including to the location of available rescue equipment;

(5) protocols for informing parents and guardians and reporting to the department when police, emergency medical technicians or other non-behavioral health personnel are contacted to respond to a behavioral health crisis;

(6) safety precautions to prevent injuries in classrooms and facilities;

(7) 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

(8) the location of any automated external defibrillator device the school possesses, whether its location is fixed or portable and those personnel who are trained in its use.

(c) Each plan shall be developed in consultation with the school principal, school nurse, school mental health counselor or social worker, school athletic director, team physicians, coaches, trainers and local police, fire, behavioral health mobile crisis team and emergency personnel, 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 necessary. School officials shall review the response sequence with local fire and police officials at least 1 time each year and shall conduct periodic walk-throughs of school campuses. Plans shall be submitted once every 3 years to the department, the local police department and the local fire department on or before September 1 of the third year. Plans shall be updated in the event of new construction or physical changes to the school campus as determined by the local police or fire department.

(d) Included in each initial and subsequent filing of an 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 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 and after regular school hours and the total estimated amount of automated external defibrillators necessary to ensure campus-wide access during school hours, after-school activities and public events.

(e) The department, in consultation with the department of public health and the department of mental health, shall develop a cost-neutral model emergency response plan that includes both medical and behavioral health crisis response in order to promote best practices, including clear guidelines for the roles and responsibilities of behavioral and other health professionals, including, but not limited to, school counselors and community intervention professionals and, where applicable, school resource officers or police officers on school campuses; provided, however, that such model plan shall be designed to limit referrals to law enforcement or arrests on school property to cases in which an imminent risk to the health and safety of individuals on school property necessitates such referral or arrest. The 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, Inc., the American Academy of Pediatrics, MassHealth and other relevant organizations that identify the essential components of an emergency response plan. The department shall biennially review and update the model plan and publicly post the model plan on its website.

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.

(I) The administrator of a nursing facility shall ensure the facility has an automated external defibrillator and 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; and

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

(2) The facility shall contract with or employ a physician who shall be the automated external defibrillation medical director for the facility who shall oversee and coordinate the following:(a) maintenance and testing of equipment in accordance with manufacturer’s guidelines;(b) certification and training of facility personnel;

(c) periodic performance review of the facility automated external defibrillation activity;(d) development of policies and procedures consistent with current medical practice regarding the use of automated external defibrillators.

Facility 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;

Facility 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;

Facility 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;

Administration 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;

Facility 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;

Administration 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);

*Codes and regulations cited from Justia US Law.

**Codes and regulations cited from Maryland.gov.

**Codes and regulations cited from FindLaw.

***Codes and regulations cited from CaseText.

Note: This page serves as an educational resource on Automated External Defibrillators (AEDs) and related legal frameworks. AEDleader.com provides this content for general knowledge purposes and does not claim it to be exhaustive or infallible regarding interpretations of AED laws. It should not be considered legal counsel. We invite you to contact us for detailed guidance on complying with AED regulations specific to your location.

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Massachusetts
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Massachusetts