| Statute |
Abstract |
| District of Columbia Code - 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.
(2A) "CPR" means cardiopulmonary resuscitation.
(2B) "CPR and AED program" means a training course on CPR and the operation and use of an AED that has been approved by the Mayor pursuant to section 3c.
(2C) Facility AED Coordinator means the person who acquires the AED for a facility, or his or her designee.
(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.
(5) "School" means a school in the District of Columbia Public Schools system, a public charter school, an independent school, a private school, or a parochial school.
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| District of Columbia Code - 44-232. |
Access by the public to defibrillation.
(a) A person who or entity that acquires an AED shall ensure that:
(1) The Facility AED Coordinator receives training from or is certified by the American Heart Association, the American Red Cross, or an equivalent state or nationally recognized course, such as the Heart Saver CPR AED course, in cardiopulmonary resuscitation (CPR) and in the use of an AED, and that the users maintain their certification in CPR and AED use;
(2) The defibrillator is maintained and tested according to the manufacturer’s operational guidelines, and written records of the maintenance and testing are maintained;
(3) A physician licensed in the District of Columbia shall oversee all aspects of the defibrillation program, including training, coordination with the Fire and Emergency Medical Services Department (Department), protocol approval, AED deployment strategies, and equipment maintenance plan, and shall review each case in which the AED is used by the program; provided, that a physician is not required if a person or entity enters into an agreement with the Department pursuant to which the Department provides the equipment, training, and oversight required by this subsection; and
(4) Any person who uses an AED to provide emergency care or treatment on a person in cardiac arrest shall activate the Department’s emergency medical service system as soon as possible, and shall report any clinical use of the AED to the licensed physician or medical authority. Data on AED use shall be submitted to the Department and reviewed by the Department.
(b) [Repealed July 2016.]
(c) Any person or entity who acquires an AED shall notify the Chief of the Fire and Emergency Medical Services Department (Chief of the Department) or his or her designee and the call center, as defined in section 3202(a)(2) of the Office of Unified Communications Establishment Act of 2004, effective December 7, 2004 (D.C. Law 15-205; D.C. Official Code § 1-327.51(a)(2)), of the AED and the location and type of the AED. If an AED is removed, the Chief of the Department shall be notified. The Chief of the Department may issue a citation if the requirements of this subsection are not followed; provided, that the Chief of the Department has adopted regulations governing the issuance of the citations.
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| District of Columbia Code - 44-232.01. |
AED program for Department of Parks and Recreation facilities.
(a) The Mayor shall develop and implement an AED program for each recreation facility. The program shall meet the requirements of § 44-232, and, in addition, ensure that:
(1) At least one AED is provided on-site at each recreation facility;
(2) An individual trained in the operation and use of an AED, pursuant to a training program approved under subsection (c) of this section, is present during the recreation facility’s hours of operation; and
(3) Each AED is maintained, operated, and tested according to the manufacturers’ guidelines by conducting periodic inspections and annual maintenance of each AED.
(b) The Mayor shall develop guidelines for the program, including requirements that written records be maintained documenting:
(1) The maintenance and testing of each AED; and
(2) That each Department of Parks and Recreation employee assigned to the recreation facility has successfully completed a training program approved under subsection (c) of this section.
(c)(1) The Mayor shall approve training programs required under this section in accordance with the requirements of  44-232. The training programs may be conducted by a private or public entity.
(2) The training programs shall be in conjunction with health training provided to Department of Parks and Recreation employees, as well as refresher training, as required.
(d) The Mayor shall comply with this section within 45 days of March 25, 2009. The Mayor shall expand the AED program to a new recreation facility within 45 days of its opening.
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| District of Columbia Code - 44-232.03 |
CPR and AED Program
(a) Within 120 days after October 8, 2016, each school shall meet the requirements of § 44-232 and:
(1) Establish procedures for responding to a medical emergency involving cardiac arrest, including the appropriate use of CPR and an AED;
(2) Have at least one AED on-site at the school;
(3) Have, in coordination with the Department of General Services, a maintenance schedule established for each AED that is in accordance with the manufacturer's guidelines and includes:
(A) Periodic testing;
(B) Periodic inspection; and
(C) Annual maintenance;
(4) Ensure that each AED at the school is appropriate for use on children and adults;
(5) Have had the following individuals successfully complete a CPR and AED program; provided, that individuals newly hired for the following positions shall be required to successfully complete a CPR and AED program within 60 days after their hire date:
(A) Athletic coach, coaching assistant, and athletic trainer;
(B) Athletic director;
(C) Team or game physician;
(D) School nurse; and
(E) Every anticipated AED user employed by the school, as designated by the school;
(6) Require that at least one individual trained in a CPR and AED program be present during the school's hours of operation and during any athletic activity; and
(7) Inform all school employees, at least annually, of the location of each AED in the school.
(b)(1) The Mayor shall:
(A) Establish baseline requirements and guidelines for a CPR and AED program;
(B) Approve each existing CPR and AED program that the Mayor determines meets or exceeds the baseline requirements and guidelines for a CPR and AED program, and any new CPR and AED programs established pursuant to this chapter; provided, that the Mayor shall approve the existing programs listed in § 44-232(a)(1) and the program offered by the Fire and Emergency Medical Services Department pursuant to § 5-401(b-1), as meeting the requirements of this section;
(C) Require each school to maintain a written record of the periodic testing, inspection, and maintenance of each AED; and
(D) Require the successful completion of a CPR and AED program by each employee in a position listed in subsection (a)(5) of this section.
(2) A CPR and AED program may be conducted by a private or public entity.
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| District of Columbia Code - 44-233 |
AED use and tort immunity.
(a) Any person or entity who, in good faith and without compensation, uses an AED to provide emergency care or treatment shall be immune from civil liability for any personal injury resulting from the care or treatment, or resulting from any act or failure to act in providing or arranging further medical treatment, if the person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.
(b) The immunity from civil liability provided under subsection (a) of this section shall extend to the licensed physician or medical authority involved in automated external defibrillator site placement, the person who provides training in CPR and the use of the automated external defibrillator, and the person or entity responsible for the site where the automated external defibrillator is located.
(c) The immunity from civil liability provided under this chapter shall not apply if the personal injury results from the gross negligence or the willful or wanton misconduct of the person providing the emergency care.
(d) This section expressly excludes from the provision of immunity designers, manufacturers, or sellers of automated external defibrillators who have claims brought against them based upon current District of Columbia law.
(e) A person who, in good faith and without compensation, uses a defibrillator at the scene of an emergency, and all other persons and entities providing services without compensation under this section, shall be immune from civil liability for any personal injury that results from any act or omission in the use of the defibrillator in an emergency situation.
(f) The immunity from civil liability under this section shall not apply to a licensed or certified health professional who used the automated external defibrillator device while acting within the scope of the license or certification of the professional or within the scope of the employment or agency of the professional.
(g) In addition to any other immunities available under statutory or common law, the District is not civilly liable for any act or omission in the provision of automated external defibrillation if, at the time of the act or omission, the recreation facility possessed a valid recreation facility certificate.
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| District of Columbia Code - 38-824.02. |
Physical and health education requirements.
(b-1) Public schools and public charter schools shall provide instruction in cardiopulmonary resuscitation to students in Grades 9 through 12 as follows:
(1) Beginning with the 2016-2017 school year, instruction in cardiopulmonary resuscitation shall be included in at least one health class necessary for graduation.
(2) The instruction required by this subsection shall:
(A) Be an instructional program developed by the American Heart Association or the American Red Cross or be nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for cardiopulmonary resuscitation;
(B) Include appropriate use of an automated external defibrillator, which may be taught by video; and
(C) Incorporate hands-on practice in addition to cognitive learning.
(3) The instruction required by this section may be provided by the public school or charter school directly or the public school or charter school may arrange for the instruction to be provided by available community-based providers.
(4) The instruction required by this subsection is not required to be provided by a teacher.
(5) A teacher providing the instruction under this subsection is not required to be a certified trainer of cardiopulmonary resuscitation.
(6) A student is not required to earn certification in cardiopulmonary resuscitation to successfully complete the instruction for the purposes of this subsection.
(7) The instruction offered by the Fire and Emergency Medical Services Department pursuant to section 1(b-1) of An Act To classify the officers and members of the fire department of the District of Columbia, and for other purposes, approved June 20, 1906 (34 Stat. 314; D.C. Official Code § 5-401), shall be deemed to meet the requirements of this subsection.
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