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Wisconsin
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Wisconsin

In Wisconsin, AED programs must ensure maintenance, especially for non-health club AED programs, while health club staff are mandated to undergo AED training. The Good Samaritan law offers protection to AED owners, users, and trainers, albeit solely for AED-related activities. Notably, medical directors are excluded from this protection, and other AED program activities are not covered. Compliance with maintenance requirements determines immunity under this law, with no specific location mandated for AED placement in Wisconsin.

Wisconsin Law Key Takeaways

Requirement

Summary

Good Samaritan Law
Rescuers, AED owners, trainers, and providers are shielded from liability under the law, granted that the AED has been diligently maintained and tested as per the manufacturer's specifications.
Health Clubs
A health club must employ and have available at least one employee who is CPR/AED trained.
Schools
High school students must receive CPR/AED training.

Wisconsin Statutes and Regulations

(4) (ag) In this subsection:

1. “Cardiac arrest” means the sudden cessation of cardiac function and the disappearance of arterial blood pressure that connote ventricular fibrillation or pulseless ventricular tachycardia.

2. “Pulseless ventricular tachycardia” means a disturbance in the normal rhythm of the heart that is characterized by rapid electrical activity of the heart with no cardiac output.

(am) Any of the following, other than an emergency medical technician or a first responder — defibrillation, is immune from civil liability for the acts or omissions of a person in rendering in good faith emergency care by use of an automated external defibrillator to an individual who appears to be in cardiac arrest:

3. The person who renders the care.

4. The owner of the automated external defibrillator.

5. The person who provides the automated external defibrillator for use, if the person ensures that the automated external defibrillator is maintained and tested in accordance with any operational guidelines of the manufacturer.

6. Any person who provides training in the use of an automated external defibrillator to the person who renders care.

(b) The immunity specified in par. (am) does not extend to any of the following:

7. A person whose act or omission resulting from the use or the provision for use of the automated external defibrillator constitutes gross negligence.

8. A health care professional who renders emergency care for compensation and within the scope of his or her usual and customary employment or practice at a hospital or other institution equipped with hospital facilities, at the scene of an emergency or accident, enroute to a hospital or other institution equipped with hospital facilities or at a physician’s office.

(1) In this section:

(b) Notwithstanding s. 93.01 (3), “department” means the department of health services.

(c) “Fitness center” has the meaning given under s. 100.177 (1) (c).

(d) “Institution of higher education” has the meaning given under s. 39.32 (1) (a).

(2) A fitness center shall do any of the following:

(a) At all times during which the fitness center is open and its facilities and services are available for use, have present on the premises of the fitness center at least one employee who has satisfactorily completed a course or courses in basic first aid and basic cardiopulmonary resuscitation taught by an individual, organization, or institution of higher education approved by the department and at least one employee who has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.

(b) Ensure that each of its employees, within 90 days after hire, satisfactorily completes at least one course in basic first aid and basic cardiopulmonary resuscitation taught by an individual, organization, or institution of higher education approved by the department and has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.

(4) A fitness center shall post a notice or notices on its premises stating the requirements of sub. (2) and the penalty for a violation of sub. (2) under s. 100.177 (15) (a). The notice shall comply with the rules promulgated by the department under sub. (5) (d).

(5) The department shall promulgate rules establishing all of the following:

(a) The minimum standards for the qualifications and training of an individual, including an individual associated with an organization or institution of higher education, who teaches basic first aid or basic cardiopulmonary resuscitation to fitness center employees under sub. (2).

(b) The minimum hours of instruction and general content of the basic first aid and basic cardiopulmonary resuscitation courses taught to fitness center employees under sub. (2).

(c) Procedures governing the department’s approval of individuals, organizations and institutions meeting the standards established under pars. (a) and (b).

(d) Specifications for the notice required under sub. (4) including:

9. Dimensions.

10. Print size or type.

11. The location or locations where the notice must be posted on the fitness center premises.

(7) A violation of sub. (2) or (4) is subject to s. 100.177 (15) (a). This subsection or s. 100.177 (15) (a) does not preclude a person injured as a result of a violation of this section from pursuing any other available equitable or legal relief.

(1) In this section, “automatic external defibrillator” has the meaning given in s. 440.01 (1) (ad).

(2) Beginning in the 2011-12 school year, each school board operating high school grades, the operator of each charter school established under s. 118.40 (2r) that operates high school grades, and the governing body of each private school that operates high school grades shall do all of the following:

(a) Offer instruction in cardiopulmonary resuscitation and cardiocerebral resuscitation to pupils enrolled in the high school grades in the school district, charter school, or private school. The school board, operator of the charter school, or governing body of the private school shall use either of the following, and shall incorporate into the instruction the psychomotor skills necessary to perform cardiopulmonary resuscitation and cardiocerebral resuscitation:

12. An instructional program developed by the American Red Cross or the American Heart Association.

13. Nationally recognized, evidence-based guidelines for cardiopulmonary resuscitation and cardiocerebral resuscitation.

(b) Provide instruction about automated external defibrillators to pupils enrolled in the high school grades in the school district, charter school, or private school.

*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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Wisconsin
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Wisconsin