AED LAWS & REQUIREMENTS IN WEST VIRGINIA

In West Virginia, the deployment and use of Automated External Defibrillators (AEDs) are governed by specific statutes designed to enhance public health and safety. Key requirements include:

 

Medical Oversight:

Entities implementing an early defibrillation program must designate a medical director to coordinate the program. This includes overseeing training, coordinating with Emergency Medical Services (EMS), developing AED deployment strategies, and reviewing each operation of an AED.

 

Training:

Anticipated operators of an AED are required to receive appropriate training in cardiopulmonary resuscitation (CPR) and AED use. This training should be provided by organizations such as the American Heart Association, American Red Cross, or any other nationally recognized course approved by the Office of Emergency Medical Services.

 

Maintenance Program:

The AED must be maintained and tested according to the manufacturer’s guidelines. Entities are required to keep written records of all maintenance and testing activities to ensure the device’s readiness during emergencies.

 

Emergency Medical Services (EMS) Notification:

Entities providing an early defibrillation program must register the program with the Office of Emergency Medical Services. This registration should identify 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.

Additionally, entities must notify the local EMS system and public safety answering point or other appropriate emergency dispatch center of the existence of the early defibrillation program, the location of the AEDs, and the plan for coordination with the EMS system.

 

Use Protocol:

In the event of using an AED, the operator must activate the EMS system as soon as possible and report the use of the AED to the program’s medical director.

 

Good Samaritan Protection:

West Virginia law provides immunity from civil liability for individuals and entities who, in good faith and without compensation, render emergency care using an AED. This protection extends to:

• Rescuers
• Purchasers
• Property owners
• Physicians
• Trainers

 

This immunity does not cover acts of gross negligence or willful or wanton misconduct.

 

Placement Requirements:

Schools: By the 2021-2022 school year, AEDs are required to be present at all school athletic events and practices. This measure aims to better protect student-athletes from sudden cardiac arrest.

Mines: West Virginia law mandates that all underground and surface mines must have AEDs readily available on-site to ensure the safety of miners.

 

These regulations aim to encourage the availability and proper use of AEDs, thereby enhancing emergency response efforts across the state.