2010 Wyoming Statutes
Title 35 - Public Health And Safety
Chapter 26 - Automated External Defibrillators

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CHAPTER 26 - AUTOMATED EXTERNAL DEFIBRILLATORS

 

35-26-101. Automated external defibrillators; definitions.

 

(a) As used in this article:

 

(i) "Automated external defibrillator (AED)" means a medical device heart monitor and defibrillator that:

 

(A) Has received approval of its premarket notification filed pursuant to U.S. Code, title 21, section 360(k) from the U.S. Food and Drug Administration;

 

(B) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and

 

(C) Upon determining that defibrillation should be performed, automatically charges and delivers, or requests delivery of, an electrical impulse to an individual's heart.

 

35-26-102. Possession of automated external defibrillator.

 

(a) In order to ensure public health and safety, all persons who possess an AED shall:

 

(i) Obtain appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED by the American Heart Association, American Red Cross or by another nationally recognized, or Wyoming department of health recognized, course in CPR and AED use and maintains currency through refresher training every two (2) years; and

 

(ii) Ensure that the AED is maintained and tested according to the manufacturer's guidelines.

 

(iii) Repealed by Laws 2005, ch. 89, 2.

 

(b) Any person or entity in possession of an AED shall notify an agent of the emergency communications center and the local ambulance service of the existence, location and type of AED.

 

35-26-103. Limited liability for use of automated external defibrillator.

 

(a) Any person who uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency, any prescribing physician who authorizes the purchase of the AED and any individual who provides training in cardiopulmonary resuscitation (CPR) in the use of an AED shall be immune from civil liability for any harm resulting from the use or attempted use of such device, unless the harm involved was caused by willful or criminal misconduct, gross negligence, reckless misconduct or a conscious, flagrant indifference to the safety of the victim who was harmed.

 

(b) Any person responsible for the site where the AED is located shall be immune from civil liability for any personal injury that results from any act or omission of acts that do not amount to willful or wanton misconduct or gross negligence if that person complies with the requirements of W.S. 35-26-102.

 

(c) Any clinical use of the AED shall be reported to the licensed physician.

 


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