The General Assembly of the State has found that each year more than 350,000 Americans experience out-of-hospital sudden cardiac
arrest. More than 95% of them die. In many cases, people die because life saving defibrillators arrive on the scene too late,
if at all. It is estimated that more than 100,000 deaths could be prevented each year if defibrillators were more widely available
to designated users (responders). Many communities around the country have invested in 911 emergency response systems, emergency
personnel and ambulance vehicles. However, many of these same communities do not have enough defibrillators. It is therefore
the intent of this General Assembly to encourage greater acquisition, deployment and use of automated external defibrillators
in communities within the State.
72 Del. Laws, c. 412, § 1.;
§ 3002C. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them herein, except
where the context clearly indicates a different meaning:
(a) "Automated external defibrillator," (AED) shall mean a medical device which is both a heart monitor and defibrillator
that has received approval of its premarket notification, filed with the Food and Drug Administration pursuant to United States
Code, Title 21, section 360(k).
(b) "Records" shall mean the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts,
statistics, data and other documentation generated by the State EMS Medical Director.
72 Del. Laws, c. 412, § 1.;
§ 3003C. Correct use of defibrillator; training in order to ensure public health and safety.
(a) Any entity to whom AEDs are distributed shall insure that:
(1) Each prospective defibrillator user receives appropriate training by the American Red Cross, the American Heart Association,
Delaware State Fire School or by another nationally recognized provider of training for cardio-pulmonary resuscitation and
AED use; provided however, that such training shall be approved by the State EMS Medical Director;
(2) The defibrillator is maintained and tested according to the manufacturer's guidelines; and
(3) Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED shall notify the appropriate
EMS units as soon as possible and report any clinical use of the AED to the appropriate licensed physician or medical authority.
(b) The State EMS Medical Director shall maintain a file containing the name of each person or entity that acquires an AED
with State funding.
72 Del. Laws, c. 412, § 1.;
§ 3004C. Quality Review Program.
All quality management proceedings shall be confidential. Records of the State EMS Medical Director, and EMS quality care
review committee relating to AED reviews and audits shall be confidential and privileged, are protected, and are not subject
to discovery, subpoena or admission into evidence in any judicial or administrative proceeding. Raw data used in any AED review
or audit shall not be available for public inspection; nor is such raw data a "public record" as set forth in the Delaware
Freedom of Information Act.
72 Del. Laws, c. 412, § 1.;
§ 3005C. Provision of limited liability protections.
(a) Any person or entity, who in good faith and without compensation, renders emergency care or treatment by the use of an
AED shall be immune from civil liability for any personal injury as a result of such care or treatment, or as a result of
any act or failure to act in providing or arranging further medical treatment, if such person acts as an ordinary, reasonably
prudent person would have acted under the same or similar circumstances and such act or acts do not amount to willful or wanton
misconduct or gross negligence.
(b) Any individual who authorizes the purchase of an AED, any person or entity who provides training in cardiopulmonary resuscitation
and the use of an AED, and any person or entity 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 that does not amount to wilful or wanton misconduct
or gross negligence.
The General Assembly of the State has found that each year more than 350,000 Americans experience out-of-hospital sudden cardiac
arrest. More than 95% of them die. In many cases, people die because life saving defibrillators arrive on the scene too late,
if at all. It is estimated that more than 100,000 deaths could be prevented each year if defibrillators were more widely available
to designated users (responders). Many communities around the country have invested in 911 emergency response systems, emergency
personnel and ambulance vehicles. However, many of these same communities do not have enough defibrillators. It is therefore
the intent of this General Assembly to encourage greater acquisition, deployment and use of automated external defibrillators
in communities within the State.
72 Del. Laws, c. 412, § 1.;
§ 3002C. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them herein, except
where the context clearly indicates a different meaning:
(a) "Automated external defibrillator," (AED) shall mean a medical device which is both a heart monitor and defibrillator
that has received approval of its premarket notification, filed with the Food and Drug Administration pursuant to United States
Code, Title 21, section 360(k).
(b) "Records" shall mean the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts,
statistics, data and other documentation generated by the State EMS Medical Director.
72 Del. Laws, c. 412, § 1.;
§ 3003C. Correct use of defibrillator; training in order to ensure public health and safety.
(a) Any entity to whom AEDs are distributed shall insure that:
(1) Each prospective defibrillator user receives appropriate training by the American Red Cross, the American Heart Association,
Delaware State Fire School or by another nationally recognized provider of training for cardio-pulmonary resuscitation and
AED use; provided however, that such training shall be approved by the State EMS Medical Director;
(2) The defibrillator is maintained and tested according to the manufacturer's guidelines; and
(3) Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED shall notify the appropriate
EMS units as soon as possible and report any clinical use of the AED to the appropriate licensed physician or medical authority.
(b) The State EMS Medical Director shall maintain a file containing the name of each person or entity that acquires an AED
with State funding.
72 Del. Laws, c. 412, § 1.;
§ 3004C. Quality Review Program.
All quality management proceedings shall be confidential. Records of the State EMS Medical Director, and EMS quality care
review committee relating to AED reviews and audits shall be confidential and privileged, are protected, and are not subject
to discovery, subpoena or admission into evidence in any judicial or administrative proceeding. Raw data used in any AED review
or audit shall not be available for public inspection; nor is such raw data a "public record" as set forth in the Delaware
Freedom of Information Act.
72 Del. Laws, c. 412, § 1.;
§ 3005C. Provision of limited liability protections.
(a) Any person or entity, who in good faith and without compensation, renders emergency care or treatment by the use of an
AED shall be immune from civil liability for any personal injury as a result of such care or treatment, or as a result of
any act or failure to act in providing or arranging further medical treatment, if such person acts as an ordinary, reasonably
prudent person would have acted under the same or similar circumstances and such act or acts do not amount to willful or wanton
misconduct or gross negligence.
(b) Any individual who authorizes the purchase of an AED, any person or entity who provides training in cardiopulmonary resuscitation
and the use of an AED, and any person or entity 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 that does not amount to wilful or wanton misconduct
or gross negligence.
The General Assembly of the State has found that each year more than 350,000 Americans experience out-of-hospital sudden cardiac
arrest. More than 95% of them die. In many cases, people die because life saving defibrillators arrive on the scene too late,
if at all. It is estimated that more than 100,000 deaths could be prevented each year if defibrillators were more widely available
to designated users (responders). Many communities around the country have invested in 911 emergency response systems, emergency
personnel and ambulance vehicles. However, many of these same communities do not have enough defibrillators. It is therefore
the intent of this General Assembly to encourage greater acquisition, deployment and use of automated external defibrillators
in communities within the State.
72 Del. Laws, c. 412, § 1.;
§ 3002C. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them herein, except
where the context clearly indicates a different meaning:
(a) "Automated external defibrillator," (AED) shall mean a medical device which is both a heart monitor and defibrillator
that has received approval of its premarket notification, filed with the Food and Drug Administration pursuant to United States
Code, Title 21, section 360(k).
(b) "Records" shall mean the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts,
statistics, data and other documentation generated by the State EMS Medical Director.
72 Del. Laws, c. 412, § 1.;
§ 3003C. Correct use of defibrillator; training in order to ensure public health and safety.
(a) Any entity to whom AEDs are distributed shall insure that:
(1) Each prospective defibrillator user receives appropriate training by the American Red Cross, the American Heart Association,
Delaware State Fire School or by another nationally recognized provider of training for cardio-pulmonary resuscitation and
AED use; provided however, that such training shall be approved by the State EMS Medical Director;
(2) The defibrillator is maintained and tested according to the manufacturer's guidelines; and
(3) Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED shall notify the appropriate
EMS units as soon as possible and report any clinical use of the AED to the appropriate licensed physician or medical authority.
(b) The State EMS Medical Director shall maintain a file containing the name of each person or entity that acquires an AED
with State funding.
72 Del. Laws, c. 412, § 1.;
§ 3004C. Quality Review Program.
All quality management proceedings shall be confidential. Records of the State EMS Medical Director, and EMS quality care
review committee relating to AED reviews and audits shall be confidential and privileged, are protected, and are not subject
to discovery, subpoena or admission into evidence in any judicial or administrative proceeding. Raw data used in any AED review
or audit shall not be available for public inspection; nor is such raw data a "public record" as set forth in the Delaware
Freedom of Information Act.
72 Del. Laws, c. 412, § 1.;
§ 3005C. Provision of limited liability protections.
(a) Any person or entity, who in good faith and without compensation, renders emergency care or treatment by the use of an
AED shall be immune from civil liability for any personal injury as a result of such care or treatment, or as a result of
any act or failure to act in providing or arranging further medical treatment, if such person acts as an ordinary, reasonably
prudent person would have acted under the same or similar circumstances and such act or acts do not amount to willful or wanton
misconduct or gross negligence.
(b) Any individual who authorizes the purchase of an AED, any person or entity who provides training in cardiopulmonary resuscitation
and the use of an AED, and any person or entity 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 that does not amount to wilful or wanton misconduct
or gross negligence.