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West Virginia
West Virginia Map

West Virginia

In West Virginia, AED programs are subject to various requirements, including maintenance, training, medical direction, placement reporting, EMS activation, post-event reporting, program registration, and more. While the Good Samaritan law safeguards AED program participants during AED-related activities, other actions are not covered under this law. Immunity hinges on adherence to specified administrative and operational requirements. The state mandates AED placement at school athletic events, as well as in underground coal mines, surface mines, and quarries.

West Virginia Law Key Takeaways

Requirement

Summary

Good Samaritan Law
Good Samaritan protection is extended to untrained rescuers as well as those who follow AED registration and training law.
AED Training
The acquirer of an AED must ensure that anticipated users of the AED are trained in CPR/AED.
AED Registration
Acquirers must register the AED program with EMS and notify EMS of the AED's location.
Medical Oversight
Acquirers must appoint a licensed physician medical director to oversee the AED program (in-state medical director residency is not required).
Schools
Before graduating high school, every student must undergo CPR instruction, with optional inclusion of AED training. Meanwhile, it's mandatory for all schools to possess an AED onsite during school athletic events.
Coal Mines
All quarries and coal mines must have first aid equipment including an AED.

West Virginia Statutes and Regulations

(a) The West Virginia Legislature hereby finds and declares that each year more than two hundred fifty thousand Americans die from out-of-hospital incidents of sudden cardiac arrest. More than ninety-five percent of these incidents result in death, and, in many cases, death occurs because properly trained persons with life-saving automated external defibrillators arrive at the scene too late.

(b) The American Heart Association estimates that more than twenty thousand deaths could be prevented each year if early defibrillation were more widely available.

(c) Many communities around the country have invested in 911 emergency notification systems and emergency medical services, including well-trained emergency personnel and ambulance vehicles. However, in many communities, there are not enough strategically placed automated external defibrillators and people trained to properly operate them.

(d) It is, therefore, the intent of this Legislature to improve access to early defibrillation by encouraging the establishment of automated external defibrillator programs in careful coordination with the emergency medical services system.

(a) “Anticipated operator” means any person trained in accordance with section three of this article who utilizes an automated external defibrillator which was placed through an early defibrillation program.

(b) “Automated external defibrillator”, hereinafter referred to as AED, means a medical device heart monitor and defibrillator that: (1) Has undergone the premarket approval process pursuant to the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 360, as amended; (2) is capable of recognizing the presence or absence of ventricular fibrillation; (3) is capable of determining, without intervention by the operator, whether defibrillation should be performed; and (4) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual’s heart.

(c) “Early defibrillation program” means a coordinated program that meets the requirements of section three of this article and one that provides early public access to defibrillation for individuals experiencing sudden cardiac arrest through the use of an automated external defibrillator.

(d) “Emergency medical services (EMS)” means all services established by the Emergency Medical Services Act of 1973 in article four-c of this chapter, including, but not limited to, the emergency medical services plan of the Department of Health and Human Resources providing a response to the medical needs of an individual to prevent the loss of life or aggravation of illness or injury.

(e) “Entity” means a public or private group, organization, business, association or agency that meets the requirements of section three of this article. “Entity” does not include emergency medical services operational programs or licensed commercial ambulance services.

(f) “Medical director” means a duly licensed physician who serves as the designated medical coordinator for an entity’s early defibrillation program.

(g) “Unanticipated operator” means any person rendering emergency medical care involving the use of an AED.

An entity providing an early defibrillation program shall:

(1) Register the program with the Office of Emergency Medical Services, pursuant to article four-c of this chapter, identifying the placement of AEDs, training of anticipated operators, preplanned EMS system coordination, designation of a medical director, maintenance of AED equipment and reports of AED utilization;

(2) Require the anticipated operator of an AED to receive appropriate training in cardiopulmonary resuscitation, referred to as “CPR”, in the operation of an AED and in the determination of advance directives from the American Heart Association, American Red Cross, any other nationally recognized course in CPR and AED or an AED and CPR training program approved by the Office of Emergency Medical Services;

(3) Maintain and test the AED in accordance with the manufacturer’s guidelines and keep written records of this maintenance and testing;

(4) Designate a medical director for the coordination of the program, which shall include, but not be limited to, training, coordinating with EMS, creating AED deployment strategies and reviewing each operation of an AED;

(5) Notify the local EMS system and public safety answering point or other appropriate emergency dispatch center of the existence of an entity’s early defibrillation program, the location of the program and the program’s plan for coordination with the EMS system;

(6) Provide that an operator of an AED who renders emergency care or treatment on a person experiencing cardiac arrest shall activate the EMS system as soon as possible and shall report the use of an AED to the program medical director; and

(7) Comply with the guidelines of the West Virginia Office of Emergency Medical Services regarding data collection and reporting.

A person is not liable for civil damages as a result of any act or omission in rendering emergency medical care or treatment involving the use of an AED if the care or treatment does not amount to gross negligence and the following conditions are met:

(1) The person, entity, certified trainer or medical director of the early defibrillation program is in compliance with the provisions of section three of this article; and

(2) The person is an anticipated operator of an AED who gratuitously and in good faith rendered emergency medical care, pursuant to the requirements of section three of this article, other than in the ordinary course of the person’s employment or profession as a health care provider, as defined in section two, article two-d of this chapter; or

(3) The person is an unanticipated operator who gratuitously and in good faith rendered emergency medical care.

(b) The state board shall cause to be taught in all of the public schools of this state the subject of health education, including instruction in any of the grades six through twelve as considered appropriate by the county board, on: . . . (4) education concerning cardiopulmonary resuscitation and first aid, including instruction in the care for conscious choking, and recognition of symptoms of drug or alcohol overdose. The course curriculum requirements and materials for the instruction shall be adopted by the state board by rule in consultation with the Department of Health and Human Resources. The state board shall prescribe a standardized health education assessment to be administered within health education classes to measure student health knowledge and program effectiveness.

(d) After July 1, 2015, the required instruction in cardiopulmonary resuscitation in subsection (b) of this section shall include at least thirty minutes of instruction for each student prior to graduation on the proper administration of cardiopulmonary resuscitation (CPR) and the psychomotor skills necessary to perform cardiopulmonary resuscitation. 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 CPR instruction must be based on an instructional program established by the American Heart Association or the American Red Cross or another program which is nationally recognized and uses the most current national evidence-based Emergency Cardiovascular Care guidelines and incorporates psychomotor skills development into the instruction. A licensed teacher is not required to be a certified trainer of cardiopulmonary resuscitation to facilitate, provide or oversee such instruction. The instruction may be given by community members, such as emergency medical technicians, paramedics, police officers, firefighters, licensed nurses and representatives of the American Heart Association or the American Red Cross. These community members are encouraged to provide necessary training and instructional resources such as cardiopulmonary resuscitation kits and other material at no cost to the schools. The requirements of this subsection are minimum requirements. A local school district may offer CPR instruction for longer periods of time and may enhance the curriculum and training components, including, but not limited to, incorporating into the instruction the use of an automated external defibrillator (AED): Provided, That any instruction that results in a certification being earned must be taught by an authorized CPR/AED instructor.

(a) In memory of Alex Miller, a Roane County football player who collapsed and died during a school football game, this law shall be known as The Alex Miller Law.

(b) By the 2021-2022 school year, the West Virginia Secondary School Activities Commission shall require that an automated external defibrillator device, as well as a posted emergency action plan, be present on the school or event grounds during the duration of all athletic events and practices under the control, supervision, and regulation of the commission, and that appropriate school sports personnel be trained in the use of the device.

(c) The commission shall propose rules for promulgation by the State Board in accordance with §29A-3B-1 et seq. of this code to implement the provisions of this section including proximity.

(d) No individual, school, county board of education, or other entity shall be held liable for civil damages when such individual, school, county board of education, or other entity in good faith attempted to comply with the requirements of this section or rules promulgated pursuant thereto.

(a) Each operator of an underground coal mine shall maintain a supply of first-aid equipment at each of the following locations:

(1) At the mine dispatcher’s office and on the surface in close proximity to the mine entry.

(2) At the bottom of each regularly traveled slope or shaft; however, where the bottom of such slope or shaft is not more than one thousand feet from the surface, such first-aid supplies may be maintained on the surface at the entrance of the mine.

(3) At a point in each working section not more than five hundred feet outby the active working face or faces.

(b) The first-aid equipment required to be maintained shall include at least the following:

(1) One stretcher.

(2) One broken-back board.

(3) Twenty-four triangular bandages.

(4) Eight four-inch bandage compresses.

(5) Sixteen two-inch bandage compresses.

(6) Twelve one-inch adhesive compresses.

(7) One foille.

(8) Two cloth blankets.

(9) One rubber blanket.

(10) Two tourniquets.

(11) One one-ounce bottle of aromatic spirits of ammonia.

(12) Two inflatable plastic arm splints.

(13) Two inflatable plastic leg splints.

(14) Six small splints, metal or wooden.

(15) Two cold packs.

(16) One automated external defibrillator (AED) unit.

(c) All first-aid supplies required to be maintained under the section shall be stored in suitable sanitary, dust-tight, moisture-proof containers and such supplies shall be accessible to the miners.

(d) No first-aid material shall be removed or diverted without authorization, except in case of accident in or about the mine.

(e) On all occasions when a person becomes sick or injured underground to the extent that he or she must go to the surface, he or she shall be accompanied by one or more persons.

(a) The MSHA-approved surface ground control plan shall serve as the state-approved plan, and the operator, upon approval by MSHA, shall provide a copy of the MSHA-approved surface ground control plan to the director.

(b) Automated external defibrillators (AEDs) shall be required on all surface mining operations. The director shall promulgate emergency rules in order to comply with this section of code, giving special consideration to the climate sensitive nature of AEDs.

48.1. First aid stations and equipment – Each operator of a surface coal mine, tipple, and preparation plant shall maintain a supply of first aid equipment. First aid equipment shall be located within one thousand (1,000) feet of the working pit, unless a ten (10) unit first aid kit is provided in the pit. When ten (10) unit kits are provided in the pit, such first aid equipment may be maintained within two thousand (2,000) feet of the pit area.

48.4. Automated external defibrillator (AED) unit. One AED shall be required to be stored on the permitted area of all surface operations in a controlled environment in accordance with manufacturers’ recommendations. All mine personnel shall be trained on the operation of the AED, and a written record shall be retained.

20.1. First aid stations and equipment.

20.1 .a. Each operator of a quarry shall maintain a supply of first aid equipment which shall be available to workers at all times. First aid equipment shall be stored at a central location convenient for quick response to emergencies. Advanced first aid-training will consist of hands-on training and demonstration in the use, care, and maintenance of the first aid equipment stored at the quarry.

20.1.b. First aid equipment shall contain the following:

20.1.b.l4. Automatic External Defibrillator (AED);

15.1. Each member school shall adopt and submit to the WVSSAC and to the county board of education an EAP for athletics, designed to respond to athletic injuries that occur on school property during school-sponsored athletic practices and events.

15.2. Each EAP shall include:

15.2.e. Protocol for the use of Automated External Defibrillator (AED). Each member school will have an accessible AED on the school or event grounds during the duration of all athletic events and practices. The EAP must address how the school’s sports teams will assign responsibility for retrieving and using an AED in the event it is necessary. Each sports team must be instructed on the location of the nearest AED to any practice or event facility. The school shall provide proper training to any individual assigned responsibility for using an AED.

*Codes and regulations cited from Justia US Law.

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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West Virginia
West Virginia Map

West Virginia