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Mississippi

Mississippi mandates comprehensive AED programs encompassing training, medical direction, EMS activation, and post-event reporting to ensure preparedness for cardiac emergencies. The state recommends that only trained individuals utilize AEDs. Under the Good Samaritan law, protection is extended to AED users solely when engaged in AED-related activities. Immunity from liability hinges on compliance with specified administrative and operational requirements. Additionally, Mississippi requires the presence of AEDs in gaming establishments and dentist offices, reinforcing safety measures in these environments.

Mississippi Law Key Takeaways

Requirement

Summary

Good Samaritan Law
Good faith rescuers are granted liability protection if their actions align with what an ordinary prudent person would do under similar circumstances. Moreover, licensed healthcare professionals such as physicians, dentists, registered nurses, licensed practical nurses, and certified registered emergency medical technicians are immune from civil liability when providing emergency care in good faith and with reasonable care. This legal safeguard encourages prompt and compassionate responses to emergencies, ensuring that those who offer assistance are not unfairly burdened with potential legal consequences.
Medical Oversight
In Mississippi, a licensed physician must oversee AED usage to ensure compliance with training, EMS notification, and maintenance requirements, enhancing effectiveness and safety.
AED Training
The person using the AED must be trained in CPR/AED by a nationally recognized course in CPR and AED use.
EMS Notification
When using an AED for emergency care, activate EMS immediately and report usage to a licensed physician.
Gaming Facilities
AEDs and CPR/AED-trained personnel are mandated in all state gaming facilities.
Students
9th-grade students must receive CPR/AED training.
Dental Offices
All dental offices are required to have an AED or equivalent defibrillator.

Mississippi Statutes and Regulations

As used in Sections 41-60-31 through 41-60-36.

(a) “AED” means an automated external defibrillator, which is a device, heart monitor and defibrillator that:

(i) Has received approval of its premarket notification filed under 21 USCS, Section 360(k) from the United States Food and Drug Administration;

(ii) Is capable of recognizing the presence or absence of ventricular fibrillation, which is an abnormal heart rhythm that causes the ventricles of the heart to quiver and renders the heart unable to pump blood, or rapid ventricular tachycardia, which is a rapid heartbeat in the ventricles and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and

(iii) Upon determining that defibrillation should be performed, automatically charges and advises the operator to deliver hands-free external electrical shock to patients to terminate ventricular fibrillation or ventricular tachycardia when the heart rate exceeds a preset value.

(b) “Emergency medical services (EMS) notification” means activation of the 911 emergency response system or the equivalent.

Any person may use an automated external defibrillator for the purpose of saving the life of another person in sudden cardiac death, subject to the following requirements:

(a) A Mississippi licensed physician must exercise medical control authority over the person using the AED to ensure compliance with requirements for training, emergency medical services (EMS) notification and maintenance;

(b) The person using the AED must have received appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED by the American Heart Association, American Red Cross, National Safety Council or other nationally recognized course in CPR and AED use;

(c) The AED must not operate in a manual mode except when access control devices are in place or when appropriately licensed individuals such as registered nurses, physicians or emergency medical technician-paramedics utilize the AED; and

(d) Any person who renders emergency care or treatment on a person in sudden cardiac death by using an AED must activate the EMS system as soon as possible, and report any clinical use of the AED to the licensed physician.

An individual may use an AED if all of the requirements of Section 41-60-33 are met. However, nothing in this act [Laws, 1999, ch. 489] shall limit the right of an individual to practice a health occupation that the individual is otherwise authorized to practice under the laws of Mississippi.

(2)(a) Any person who in good faith, with or without compensation, renders emergency care or treatment by the use of an automated external defibrillator (AED) in accordance with the provisions of Sections 41-60-31 through 41-60-35, as well as the person responsible for the site where the AED is located if the person has provided for compliance with the provisions of Sections 41-60-31 through 41-60-35, shall be immune from civil liability for any personal injury as a result of that care or treatment, or as a result of any act, or failure to act, in providing or arranging further medical treatment, where the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances and the person’s actions or failure to act does not amount to willful or wanton misconduct or gross negligence.

(b) A person who has not complied with the provisions of Sections 41-60-31 through 41-60-35, but who has access to an AED and uses it in good faith in an emergency as an ordinary prudent person would have done in the same or similar circumstances, shall be immune from civil liability for any personal injury as a result of an act or omission related to the operation of or failure to operate an AED if the person’s actions or failure to act do not amount to willful or wanton misconduct or gross negligence.

(4) The immunity from civil liability for any personal injury under subsection (2) of this Section includes the licensed physician who authorizes, directs or supervises the installation or provision of AED equipment in or on any premises or conveyance other than a medical facility, the owner of the premises where an AED is used, the purchaser of the AED, a person who uses an AED during an emergency for the purpose of attempting to save the life of another person who is or who appears to be in cardiac arrest, and the person who provides the CPR and AED training.

(6) The immunity from civil liability under subsection (2) and subsection (3) 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.

(1) The Legislature recognizes that there is a problem with Mississippi student inactivity and obesity, and therefore requires the following guidelines for school district physical education, health education and physical activity and fitness classes:

(a) Kindergarten through Grade 8: One hundred fifty (150) minutes per week of physical activity-based instruction and forty-five (45) minutes per week of health education instruction, as defined by the State Board of Education.

(b) Grades 9 through 12: One-half (1/2) Carnegie unit requirement in physical education or physical activity for graduation. Beginning with the 2015-2016 Ninth Grade Class, an instructional component on the proper administration of cardiopulmonary resuscitation (CPR) and the use of an automated external defibrillator (AED) shall be included as part of the physical education or health education curriculum. The curricula shall incorporate into the instruction the psychomotor skills necessary to perform cardiopulmonary resuscitation and use of an automated external defibrillator as follows:

(i) An instructional program developed by the American Heart Association or the American Red Cross;

(ii) An instructional program which is nationally recognized and is based on the most current national evidence-based Emergency Cardiovascular Care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator;

(iii) A licensed teacher shall not be required to be a certified trainer of cardiopulmonary resuscitation, to facilitate, provide or oversee such instruction for noncertification; and

(iv) Courses which result in a certification being earned must be taught by an authorized CPR/AED instructor.

For purposes of this paragraph (b), the term “psychomotor skills” means the use of hands-on practicing to support cognitive learning. Cognitive-only training does not qualify as “psychomotor skills.”

The requirements of this paragraph (b) shall be minimum requirements. Any local school district shall be authorized to offer CPR and AED instruction for longer periods of time than required herein, and may enhance the curriculum and training components.

(c) The State Department of Education shall establish a procedure for monitoring adherence by school boards to the requirements set forth in this section.

All instruction in physical education, health education and physical activity must be based on the most current state standards provided by the State Department of Education.

Individual authorized to use automated external defibrillator not limited from practicing other authorized health occupations.

An individual may use an AED if all of the requirements of Section 41-60-33 are met. However, nothing in this act [Laws, 1999, ch. 489] shall limit the right of an individual to practice a health occupation that the individual is otherwise authorize to practice under the laws of Mississippi.

1. No duly licensed, practicing physician, dentist, registered nurse, licensed practical nurse, certified registered emergency medical technician, or any other person who, in good faith and in the exercise of reasonable care, renders emergency care to any injured person at the scene of an emergency, or in transporting the injured person to a point where medical assistance can be reasonably expected, shall be liable for any civil damages to said injured person as a result of any acts committed in good faith and in the exercise of reasonable care or omissions in good faith and in the exercise of reasonable care by such persons in rendering the emergency care to said injured person.

a. Any person who in good faith, with or without compensation, renders emergency care or treatment by the use of an automated external defibrillator (AED) in accordance with the provisions of Sections 41-60-31 through 41-60-35, shall be immune from civil liability for any personal injury as a result of that care or treatment, or as a result of any act, or failure to act, in providing or arranging further medical treatment, where the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances and the person’s actions or failure to act does not amount to willful or wanton misconduct or gross negligence.

b. The immunity from civil liability for any personal injury under subsection (2)(a) of this section includes the licensed physician who is involved with AED site placement, and the person who provides the CPR and AED training.

The immunity from civil liability under subsection (2)(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.

For the purpose of this section

(a) “AED” means automated external defibrillator.

(b) “CPR” means cardio-pulmonary resuscitation.

(c) “Gaming Areas” means the portion of a licensed gaming establishment where gaming is approved and actively conducted.

(d) “Gaming Premises” means any portion of a licensed gaming establishment on which gaming activities are or lawfully could be conducted in accordance with the Act or these regulations. This shall include restaurants, shops or any other operations which are located on premises which could otherwise lawfully contain gaming activities.

(e) “First Aid” shall mean the knowledge and skills necessary to recognize and provide basic care for injuries and sudden illnesses until advanced medical personnel arrive. (f) “Minor” is a person younger than twenty-one (21) years of age.

All licensed gaming establishments shall employ and have on staff 24 hours a day personnel trained in First Aid, CPR and AED operations. Use, operation and training shall be in accordance with Miss. Code Ann. §41-60-33 (Supp.1999) and with all other applicable state laws and regulations. Current certification(s) shall be maintained and available for inspection upon request.

(a) All licensed gaming establishments shall be equipped with AED units for use on the gaming premises, and shall comply with all reporting requirements of Miss. Code Ann. § 41-60-33 (Supp. 1999).

(b) It is the responsibility of all licensed gaming establishments to determine the appropriate number and placement of AED units and the number of qualified staff necessary.

(a) Pursuant to Miss. Code Ann. §73-25-37, any trained employee who in good faith renders emergency care or treatment by the use of AED to any person shall be immune from civil liability for any personal injury and or death as a result of that care or treatment, or as a result of any act or failure to act, in providing or arranging further medical treatment, where the employee acts as an ordinary, reasonable prudent person would have acted under the same or similar circumstances and the employee’s actions or failure to act does not amount to willful or wanton misconduct or gross negligence.

(b) Any lawful gaming establishment is also immune from civil liability for any injuries or death that results due to any act or omission by any employee rendering such care as set out in Rule 11.4(a), unless the employer acts with willful or wanton misconduct or gross negligence.

BOARD REGULATION NUMBER 45 CARDIOPULMONARY RESUSCITATION

Purpose: To establish Cardiopulmonary Resuscitation requirements for dentists, dental hygienists, and all other dental auxiliary personnel.

2. Effective July 1, 2012, all dental offices in the State of Mississippi shall be required to have a minimum of one (1) properly functioning Automated External Defibrillator (AED), or equivalent defibrillator, on the premises of each dental office. Each AED, or equivalent defibrillator, shall be maintained in a properly functioning capacity at all times. Proof of the availability of a properly functioning AED, or equivalent defibrillator, shall be made available for review at any time by any member of the Board or by any designated agent of the Board.

*Codes and regulations cited from Justia US Law.

***Codes and regulations cited from CaseText.

***Codes and regulations cited from MS.gov.

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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