2014 District of Columbia Code
Division VIII. General Laws
Title 44. Charitable and Curative Institutions
Chapter 2A. Defibrillator Usage
§ 44–231. Definitions.

For the purposes of this chapter, the term:

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

(A) Has received approval from the United States Food and Drug Administration of its premarket notification filed pursuant to section 510(k) of the Federal Food, Drug, and Cosmetic Act, approved October 10, 1962 (76 Stat. 794; 21 U.S.C. § 360(k));

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

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

(2) "Compensation" shall not include the salary of any person who registers an automated external defibrillator, trains the individuals who operate the registered automated external defibrillators, orders the automated external defibrillators which will subsequently be registered, or operates a registered automated external defibrillator at the scene of an emergency, excluding any professional medical emergency setting.

(3) "Recreation facility" means a Department of Parks and Recreation public facility that is regularly staffed by a paid District government employee.

(4) "Recreation facility certificate" means a certificate issued by the Mayor to authorize the installation and use of an AED at a recreation facility that has complied with the AED program requirements and guidelines established under § 44‑232.01.

History

(Apr. 27, 2001, D.C. Law 13-278, § 2, 48 DCR 1869; Mar. 6, 2007, D.C. Law 16-217, § 2(a), 53 DCR 10207; Mar. 25, 2009, D.C. Law 17-362, § 2(a), 56 DCR 1211.)

Effect of Amendments

D.C. Law 16-217 rewrote this section, which formerly read:

"For the purposes of this chapter, the term 'automated external defibrillator' or 'AED' or 'defibrillator' means a medical device heart monitor and defibrillator that:

"(1) Has received approval from the United States Food and Drug Administration of its premarket notification filed pursuant to section 510(k) of the Federal Food, Drug, and Cosmetic Act, approved October 10, 1962 (76 Stat. 794; 21 U.S.C. 360(k));

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

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

D.C. Law 17-362 added pars. (3) and (4).

Legislative History of Law 13-278

Law 13-278, the "Public Access to Automated External Defibrillator Act of 2000," was introduced in Council and assigned Bill No. 13-735, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on December 5, 2000, and December 19, 2000, respectively. Signed by the Mayor on January 19, 2001, it was assigned Act No. 13-573 and transmitted to both Houses of Congress for its review. D.C. Law 13-278 became effective on April 27, 2001.

Legislative History of Law 16-217

Law 16-217, the "Good Samaritan Use of Automated External Defibrillators Clarification Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-43, which was referred to Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on November 14, 2006, and December 5, 2006, respectively. Signed by the Mayor on December 19 2006, it was assigned Act No. 16-546 and transmitted to both Houses of Congress for its review. D.C. Law 16-217 became effective on March 6, 2007.

Legislative History of Law 17-362

Law 17-362, the "AED Installation for Safe Recreation and Exercise Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-635 which was referred to the Committee on Public Safety and Judiciary. The Bill was adopted on first and second readings on November 18, 2008, and December 2, 2008, respectively. Approved without the signature of the Mayor on January 23, 2009, it was assigned Act No. 17-698 and transmitted to both Houses of Congress for its review. D.C. Law 17-362 became effective on March 25, 2009.