| Statute |
Abstract |
| New Mexico Statutes, 24-10C-2. |
Findings and purpose.
A. The legislature finds that:
(1) each year more than three hundred fifty thousand Americans die from out-of-hospital sudden cardiac arrest;
(2) the American heart association estimates that more than twenty thousand deaths could be prevented each year if early defibrillation were more widely available. In cardiac arrest the first several minutes are the most crucial time in which performing defibrillation can significantly improve chances for survival;
(3) the reality is that even in the best emergency medical services systems, emergency medical technicians or first responders may not always be able to arrive during that critical window of time; and
(4) virtually all communities in New Mexico have invested in 911 emergency response systems, emergency medical personnel and ambulance vehicles. However, many of them do not have enough defibrillators in their community.
B. It is the purpose of the Cardiac Arrest Response Act to encourage greater acquisition, deployment and use of automated external defibrillators in communities across the state. |
| New Mexico Statutes, 24-10C-3. |
Definitions.
As used in the Cardiac Arrest Response Act:
A. “automated external defibrillator” means a medical device heart monitor and defibrillator that:
(1) has received approval of its premarket modification filed pursuant to 21 U.S.C. 360(k), from the United States food and drug administration;
(2) is capable of recognizing cardiac arrest that will respond to defibrillation, ventricular fibrillation or rapid ventricular tachycardia, and is capable of determining whether defibrillation should be performed; and
(3) upon determining that defibrillation should be performed, automatically charges and is capable of delivering an electrical impulse to an individual’s heart;
B. “automated external defibrillator program” means a program of trained targeted responders registered with the department and operating under the supervision of a physician medical director;
C. “defibrillation” means the administration of a controlled electrical charge to the heart to restore a viable cardiac rhythm;
D. “department” means the department of health;
E. “good Samaritan” means a person who lacks automated external defibrillator training but who has access to an automated external defibrillator and provides emergency automated external defibrillator services to a person in need of defibrillation, provided that the good Samaritan:
(1) acts without willful, wanton or reckless behavior that is the cause of injury or death; and
(2) acts without compensation;
F. "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or any legal or commercial entity; and
G. “trained targeted responder” means a person trained in the use of an automated external defibrillator under emergency cardiac care guidelines. |
| New Mexico Statutes, 24-10C-4. |
Protection of public safety
A person who acquires an automated external defibrillator shall ensure that:
A. a trained targeted responder is designated to oversee all aspects of the automated external defibrillator program, including training, emergency medical services coordination, protocol approval and automated external defibrillator deployment strategies, and that the trained targeted responder provides overall quality assurance and reviews each case in which the automated external defibrillator is used by the program;
B. the trained targeted responders receive appropriate training in cardiopulmonary resuscitation and in the use of an automated external defibrillator by a nationally recognized course in cardiopulmonary response and automated external defibrillator use approved by the department or other training programs authorized by the department;
C. the defibrillator is maintained and tested according to the manufacturer’s guidelines;
D. any person that renders emergency care or treatment on a person in cardiac arrest by using an automated external defibrillator activates the emergency medical system as soon as possible and reports any clinical use of the automated external defibrillator to the trained targeted responder;
E. the automated external defibrillator program is registered with the department; and
F. the local emergency medical services and local 911 agencies have been notified of the automated external defibrillator program. |
| New Mexico Statutes, 24-10C-5. |
Authority.
A person may acquire an automated external defibrillator if the person has met all the requirements of Section 24-10C-4 NMSA 1978. Nothing in this section limits the right of a person to practice a health profession that the person is otherwise authorized to practice in accordance with the laws of New Mexico. |
| New Mexico Statutes, 24-10C-6. |
Exemption
Nothing in the Cardiac Arrest Response Act precludes a physician or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice from prescribing an automated external defibrillator to a patient for use by the patient's caregiver on an individual patient, and the use does not require the individual to function in an approved program. |
| New Mexico Statutes, 24-10C-7. |
Limited liability protections.
A. The following persons who render emergency care or treatment by the use of an automated external defibrillator pursuant to the provisions of the Cardiac Arrest Response Act shall not be subject to civil liability, provided that they have acted with reasonable care and in compliance with the requirements of that act:
1. a trained targeted responder who provides supervisory services pursuant to the Cardiac Arrest Response Act;
2. a person that provides training in cardiopulmonary resuscitation and use of automated external defibrillation;
3. a person that acquires, provides or makes available to the public an automated external defibrillator pursuant to the Cardiac Arrest Response Act;
4. the owner, manager or operator of the property or facility where the automated external defibrillator is located;
5. a person that authorizes, directs or supervises the installation or placement of an automated external defibrillator; and
6. the trained targeted responder.
B. A good Samaritan who renders emergency care or treatment by the use of an automated external defibrillator pursuant to the provisions of the Cardiac Arrest Response Act shall not be subject to civil liability; provided that the good Samaritan has acted without willful, wanton or reckless behavior that is the cause of injury or death and in compliance with the requirements of that act." |
| New Mexico Statutes, 18A:35-4.28 |
1. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, the board of education of a public school district that includes grades 9 through 12, or the board of trustees of a charter school that includes grades 9 through 12, shall provide instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator to each student prior to graduation as part of the district’s implementation of the Core Curriculum Content Standards in Comprehensive Health and Physical Education. The board of education, or board of trustees, may select a no-cost, non-certification instructional program to meet this requirement.
b. The provisions of subsection a. of this section shall first be effective with the 2014-2015 grade nine class. |
| New Mexico Statutes, 18A:35-4.29 |
2. The instruction provided pursuant to section 1 of this act shall:
a. be modeled from an instructional program established by the American Heart Association, American Red Cross, or other nationally-recognized association with expertise in instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator; and
b. include a hands-on learning component for each participating student.
3. This act shall take effect immediately. |
| New Mexico Statutes, 22-13-1. |
Subject Areas--Minimum Instructional Areas Required--Accreditation.
A. The department shall require public schools to address department-approved academic content and performance standards when instructing in specific department-required subject areas as provided in this section. A public school or school district failing to meet these minimum requirements shall not be accredited by the department.
* * *
G. In ninth through twelfth grades, instruction that meets academic content and performance standards shall be provided in health education.
H. All health education courses shall include:
(1) age-appropriate sexual abuse and assault awareness and prevention training that meets department standards developed in consultation with the federal centers for disease control and prevention that are based on evidence-based methods that have proven to be effective; and
(2) lifesaving skills training that follows nationally recognized guidelines for hands-on psychomotor skills cardiopulmonary resuscitation training. Students shall be trained to recognize the signs of a heart attack, use an automated external defibrillator and perform the Heimlich maneuver for choking victims. The secretary shall promulgate rules to provide for the:
(a) use of the following instructors for the training provided pursuant to this paragraph: 1) school nurses, health teachers and athletic department personnel as instructors; and 2) any qualified persons volunteering to provide training at no cost to the school district that the school district determines to be eligible to offer instruction pursuant to this paragraph; and
(b) approval of training and instructional materials related to the training established pursuant to this paragraph in both English and Spanish. |
| New Mexico Statutes, 22-13-1.1. |
Graduation Requirements
K. For students entering the eighth grade in the 2012-2013 school year, a course in health education is required prior to graduation. Health education may be required in either middle school or high school, as determined by the school district. Each school district shall submit to the department by the beginning of the 2011-2012 school year a health education implementation plan for the 2012-2013 and subsequent school years, including in which grade health education will be required and how the course aligns with department content and performance standards. Health education shall include:
(1) age-appropriate sexual abuse and assault awareness and prevention training that meets department standards developed in consultation with the federal centers for disease control and prevention that are based on evidence-based methods that have proven to be effective; and
(2) lifesaving skills training that follows nationally recognized guidelines for hands-on psychomotor skills cardiopulmonary resuscitation training. Students shall be trained to recognize the signs of a heart attack, use an automated external defibrillator and perform the Heimlich maneuver for choking victims. The secretary shall promulgate rules to provide for the:
(a) use of the following instructors for the training provided pursuant to this paragraph: 1) school nurses, health teachers and athletic department personnel as instructors; and 2) any qualified persons volunteering to provide training at no cost to the school district that the school district determines to be eligible to offer instruction pursuant to this paragraph; and
(b) approval of training and instructional materials related to the training established pursuant to this paragraph in both English and Spanish. |
| New Mexico Statutes, 26:2H-12.26. |
Nursing homes, assisted living facilities, defibrillator, trained personnel; required.
1. A nursing home that is licensed pursuant to P.L. 1971, c. 136 (C.26:2H-1 et al.) shall, no later than one year after the effective date of P.L. 2004, c. 93 (C.26:2H-12.26), and an assisted living facility that is licensed pursuant to P.L. 1971, c. 136 shall, no later than one year after the effective date of P.L. 2009, c. 46:
a. acquire at least one defibrillator as defined in section 2 of P.L. 1999, c. 34 (C.2A:62A-24), which shall be maintained central location within the nursing home or assisted living facility that shall be made known and available to the employees of the nursing home or assisted living facility for the purposes of this act;
b. ensure that the defibrillator is tested and maintained, and provide notification to the appropriate first aid, ambulance., or rescue squad, or other appropriate emergency medical services provider regarding the defibrillator, the type acquired., and its location, pursuant to section 3 of P.L. 1999, c. 34 (C.2A:62A-25);
c. arrange and pay for training in cardio-pulmonary resuscitation and the use of a defibrillator for employees of the nursing home or assisted living facility to ensure that the employees hold current certification from the American Red Cross, American Heart Association, or other training program recognized by the Department of Health and Senior Services in cardio-pulmonary resuscitation and use of a defibrillator; and
d. ensure that an employee who uses a defibrillator requests emergency medical assistance from the appropriate first aid, ambulance, or rescue squad as soon as practicable. |
| New Mexico Code of Regulations - 7.27.8.2 |
NMAC SCOPE
These regulations are applicable to all persons or entities operating an automated external defibrillator (AED) program within the state of New Mexico. The regulations also apply to all AED training organizations, trainers, and trained targeted responders affiliated with an AED Program.
Exemptions: Certain individuals and agencies are exempted from this regulation, as described below:
A. Individuals authorized by physicians: As stated in the Cardiac Arrest Response Act, 24-10C-1 NMSA 1978, nothing precludes a physician or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice from prescribing an automated external defibrillator to a patient for use by the patient's caregiver on an individual patient, and the use does not require the individual to function in an approved program.
B. Health care professionals: EMS personnel or other health care professionals, who are authorized by other laws, regulations, and scopes of practice to use and perform defibrillation in the out-of-hospital environment, while performing official duties or within the scope of their employment.
C. Military services, other federal entities, and AED programs on tribal land: The United States department of defense, other federal agencies, AED programs on tribal lands, and the New Mexico department of military affairs are exempt from this rule. |
| New Mexico Code of Regulations - 7.27.8.3 |
NMAC STATUTORY AUTHORITY
These regulations are promulgated pursuant to the following statutory authorities:
A. The Department of Health Act, Subsection E of Section 9-7-6 NMSA 1978, which authorizes the secretary of the department of health to “make and adopt such reasonable and procedural rules and regulations as may be necessary to carry out the duties of the department and its divisions”.
B. The Cardiac Arrest Response Act, Subsection B of Section 24-10C-4 NMSA 1978, which authorizes the department of health to approve training programs; and.
C. The Emergency Medical Services Act, Subsection M of Section 24-10B-4 NMSA 1978, which authorizes the department of health to adopt “rules to establish a cardiac arrest targeted response program pursuant to the Cardiac Arrest Response Act.” |
| New Mexico Code of Regulations - 7.27.8.5 |
NMAC EFFECTIVE DATE
December 12, 2017, unless a later date is cited at the end of a section |
| New Mexico Code of Regulations - 7.27.8.6 |
NMAC OBJECTIVE
The purpose of these regulations is to outline requirements for the New Mexico cardiac arrest targeted response program including: Establishment of a cardiac arrest targeted response program, AED program registration, medical direction, training, notification of local EMS services and public safety answering points, reporting, fees, and bureau responsibilities. |
| New Mexico Code of Regulations - 7.27.8.7 |
NMAC DEFINITIONS
A. “Act” means the Cardiac Arrest Response Act, Section 24-10C-1 NMSA 1978.
B. “Advanced life support (ALS)” means advanced pre-hospital and inter-facility care and treatment, including basic and intermediate life support, as prescribed by regulation, which may be performed only by a person licensed by the bureau and operating under medical control.
C. “AED program” means a program of trained targeted responders that is registered with the department.
D. “Basic life support (BLS)” means pre-hospital and inter-facility care and treatment, as prescribed by regulation, which can be performed by all licensed emergency medical technicians.
E. “Bureau” means the emergency medical systems bureau of the epidemiology and response division of the New Mexico department of health.
F. “Cardiopulmonary resuscitation (CPR)” means the manual application of chest compressions and ventilations to patients in cardiac arrest.
G. “Defibrillation” means the administration of a controlled electrical charge to the heart to restore a viable cardiac rhythm.
H. “Department (DOH)” means the New Mexico department of health.
I. “Emergency Medical Service (EMS)” means the services rendered by licensed emergency medical technicians, emergency medical services first responders or emergency medical dispatchers in response to a person’s need for immediate medical care to prevent loss of life or aggravation of physical or psychological illness or injury.
J. “Protocols” means predetermined, written medical care plans and includes standing orders.
K. “Provider” means a person or entity delivering emergency medical services in New Mexico.
L. “Semi-automated external defibrillation (AED)” means a medical device heart monitor and defibrillator that:
(1) has received approval of its pre-market modification filed pursuant to United States Code, Title 21, Section 360(k), from the United States food and drug administration;
(2) is capable of recognizing cardiac arrest that will respond to defibrillation, ventricular fibrillation or rapid ventricular tachycardia, and is capable of determining whether defibrillation should be performed; and,
(3) upon determining that defibrillation should be performed, automatically charges and is capable of delivering an electrical impulse to an individual’s heart upon activation by the equipment user.
N. “Trained targeted responder” means a person who has completed an authorized AED training program and who uses an AED. A designated trained targeted responder will be responsible for guidance or supervision for the AED program including overseeing all aspects of the defibrillation program. This includes training, emergency medical services coordination, protocol approval, AED deployment strategies, quality assurance and reporting. |
| New Mexico Code of Regulations - 7.27.8.8 |
NMAC Establishment of an AED Program
A. Purpose: The primary reason for establishing an AED program is to improve response to cardiac defibrillation of a person suffering from sudden cardiac arrest.
B. AED program locations: cardiac arrest targeted response programs may be initiated in any environment where members of the public are encountered. |
| New Mexico Code of Regulations - 7.27.8.9 |
NMAC AED Program Requirements
Prior to submitting an application for registration, the designated supervising trained targeted responder shall ensure that the AED program incorporates the following requirements:
A. AED program supervising trained targeted responder shall:
(1) Oversee the AED program, assuming responsibility for how the AED program is planned and conducted.
(2) Select and identify other participating persons as trained targeted responders.
(3) Maintain AED training records for all trained targeted responders while they are active in the program, and for at least three years thereafter.
(4) Maintain AED program records including AED maintenance records, trained targeted responder training records, and AED usage records.
(5) Ensure that all trained targeted responders are trained using a training program which has been approved by the department.
(6) Provide evidence of coordination of the AED program with local EMS services and emergency dispatch agencies, including 911 dispatch agencies.
(7) Register the AED program with the department and pay registration fees, as detailed in this regulation.
(8) Report all operational uses of the AED to the department.
(9) Perform quality assurance review of all operational defibrillations; and.
(10) Ensure AED equipment is maintained in accordance with the manufacturer’s guidelines.
B. Trained targeted responders: Individuals selected by the supervising trained targeted responder that are trained in CPR and use of an AED and understand how to activate the local emergency medical system for any sudden collapse or cardiac arrest victim:
(1) Prior to participating in an AED program, trained targeted responders shall complete an initial AED training course from a Department approved training program. The course shall include both cardiopulmonary resuscitation (CPR) and AED training.
(2) At least every two years, trained targeted responders shall recertify in CPR and AED training, by successfully completing a department approved AED training course.
(3) Activate the emergency medical system during any operational response to a victim of cardiac arrest, and advise that AED is being used.
(4) Comply with program protocols for operational response to victims of cardiac arrest.
(5) Report all operational responses to victims of cardiac arrest to the supervising trained targeted responder and complete a defibrillation report. A copy of the report shall be submitted to the department within 20 calendar days.
(6) Ensure AED’s are maintained and used in accordance with the manufacturer’s guidelines, and inspect AED equipment at least monthly.
C. Registration: All AED programs shall be registered with the department:
(1) Initial registration: The initial registration period shall be for a period of four years. The supervising trained targeted responder for the AED program shall complete the application provided by the bureau and submit it to the department, along with the appropriate fees.
(2) Renewal: AED programs shall renew the AED program every four years, with a renewal application provided by the bureau submitted to the department, along with the appropriate fees.
(3) Notification of changes in registration: The department shall be notified when there is a:
(a) change in AED supervising trained targeted responder;
(b) change in physical address or telephone number; or
(c) stoppage or cancellation of the AED program.
D. Fees: The bureau shall establish a fee schedule for AED programs. Seventy-five ($75) dollars shall be paid by the AED program to the department for initial registration. For renewal, AED programs shall pay a fee of fifty ($50) dollars to the department.
E. Notification: Local EMS services and emergency dispatch agencies shall be notified of the activation and existence of the AED program. The notification shall include the name of the AED program supervising trained targeted responder, location of the program, telephone number, a copy of the program protocols, location of the placement of AED(s), and the operational area where the AED(s) will be used. The local emergency services and dispatch agencies shall also be notified if an existing AED program stops or cancels the AED program.
F. AED Selection and Maintenance:
(1) AED Selection: AED programs shall acquire and use semi-automated cardiac defibrillators. These devices require the responder to deliver the shock by pushing the shock button. AED programs that want a fully automated defibrillator (analyzes and shocks without operator input) may petition the bureau for a waiver to use an automated defibrillator.
(2) Maintenance: AED programs shall maintain the AED(s) and associated supplies and batteries in accordance with the manufacturer’s suggested guidelines.
G. Record Keeping: Establish and maintain a record keeping system. Include the following information:
(1) List of trained targeted responders.
(2) Dates of training for trained Targeted Responders including CPR training and AED training.
(3) Copy of program protocols.
(4) Copy of registration and EMS service notification forms.
(5) AED usage reports/Data collection forms; examples may be obtained from the bureau.
(6) Quality assurance review documentation.
(7) AED equipment purchase and maintenance records. |
| New Mexico Code of Regulations - 7.27.8.11 |
NMAC Limited Immunity Protections:
Limited immunity protections are provided for persons or entities associated with an AED program, as described in the Cardiac Arrest Response Act, 24-10C-7 NMSA 1978. These protections are provided when the AED program is established and operated in accordance with that statute and these regulations. |
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