| Statute |
Abstract |
| Tennessee Code, 63-6-218. |
Good Samaritan Law.
(a) This section shall be known and cited as the “Good Samaritan Law.”
(b) Any person, including those licensed to practice medicine and surgery and including any person licensed or certified to render service ancillary thereto, or any member of a volunteer first aid, rescue or emergency squad that provides emergency public first aid and rescue services, who in good faith:
(1) Renders emergency care at the scene of an accident, medical emergency and/or disaster, while en route from such scene to a medical facility and while assisting medical personnel at the receiving medical facility, including use of an automated external defibrillator, to the victim or victims thereof without making any direct charge for the emergency care; or
(2) Participates or assists in rendering emergency care, including use of an automated external defibrillator, to persons attending or participating in performances, exhibitions, banquets, sporting events, religious or other gatherings open to the general public, with or without an admission charge, whether or not such emergency care is made available as a service, planned in advance by the promoter of the event and/or any other person or association, shall not be liable to such victims or persons receiving emergency care for any civil damages as a result of any act or omission by such person in rendering the emergency care, or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, except such damages as may result from the gross negligence of the person rendering such emergency care.
(c) A receiving medical facility shall not be liable for any civil damages as a result of any act or omission on the part of any member of a volunteer first aid, rescue or emergency squad that provides emergency public first aid and rescue services while such person is assisting medical personnel at the receiving medical facility.
(d) The members of such ………………….. If:
(1) A volunteer fire squad is organized by a private company for the protection of the plant and grounds of such company;
(2) Such squad is willing to respond and does respond to calls to provide fire protection for residents living within a six (6) mile radius of the county surrounding such plant; and
(3) The plant is located in a county that does not otherwise provide fire protection to such residents;
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| Tennessee Code, 68-140-401. |
Legislative intent.
It is the intent of the general assembly that an automated external defibrillator (AED) may be used in accordance with § 68-140-403 for the purpose of saving the life of another person in cardiac arrest.
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| Tennessee Code, 68-140-402. |
Part definitions.
As used in this part, unless the context otherwise requires:
(1) “AED” or “defibrillator” means an automated external defibrillator; and
(2) “Automated external defibrillator (AED)” means a medical device heart monitor and defibrillator that:
(A) Has received approval of its premarket notification, filed pursuant to 21 U.S.C. § 360(R), from the United States 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 requests delivery of an electrical impulse to an individual’s heart.
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| Tennessee Code, 68-140-403. |
Use of AED devices - Training - Maintenance - Registration encouraged.
In order to ensure public health and safety:
(1) A person or entity that acquires an automated external defibrillator (AED) shall ensure that:
(A) Expected defibrillator users receive American Heart Association CPR and AED or an equivalent nationally recognized course in defibrillator use and cardiopulmonary resuscitation;
(B) The defibrillator is maintained and tested according to the manufacturer’s operational guidelines; and
(C) Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED activates the emergency medical services system as soon as possible.
(2) Any person or entity that acquires an AED shall, within a reasonable time after the placement of an AED, register the existence and location of the defibrillator with the emergency communications district or the ambulance dispatch center of the primary provider of emergency medical services where the AED is to be located.
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| Tennessee Code, 68-140-404. |
Program for use of AEDs.
In order for an entity to use or allow the use of an automated external defibrillator, the entity shall:
(1) Establish a program for the use of an AED that includes a written plan that complies with subdivisions (2)-(6) and rules adopted by the department of health. The plan must specify:
(A) Where the AED will be placed;
(B) The individuals who are authorized to operate the AED;
(C) How the AED will be coordinated with an emergency medical service providing services in the area where the AED is located;
(D) The maintenance and testing that will be performed on the AED;
(E) Records that will be kept by the program;
(F) Reports that will be made of AED use;
(G) Other matters as specified by the department; and
(H) A plan of action for proper usage of the AED;
(2) Adhere to the written plan required by subdivision (1);
(3) Ensure that before using the AED, expected users receive appropriate training approved by the department in cardiopulmonary resuscitation and the proper use of an AED;
(4) Maintain, test, and operate the AED according to the manufacturer’s guidelines and maintain written records of all maintenance and testing performed on the AED;
(5) Each time an AED is used for an individual in cardiac arrest, require that an emergency medical service is summoned to provide assistance as soon as possible and that the AED use is reported to the supervising physician or the person designated by the physician and to the department as required by the written plan; and
(6) Before allowing any use of an AED, provide to the emergency communications district or the primary provider of emergency medical services where the defibrillator is located:
(A) A copy of the plan prepared pursuant to this section; and
(B) Written notice, in a format prescribed by department rules, stating:
(i) That an AED program is established by the entity;
(ii) Where the AED is located; and
(iii) How the use of the AED is to be coordinated with the local emergency medical service system.
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| Tennessee Code, 68-140-405. |
Rules relating to AEDs - Adoption - Scope and contents.
The department of health shall adopt rules specifying the following:
(1) The contents of the written notice required by § 68-140-404;
(2) Reporting requirements for each use of an AED;
(3) The contents of a plan prepared in accordance with § 68-140-404 and requirements applicable to the subject matter of the plan;
(4) Training requirements in cardiopulmonary resuscitation and AED use that are consistent with the scientific guidelines of the American Heart Association for any individual authorized by an AED program plan to use an AED;
(5) Requirements for medical supervision of an AED program;
(6) Performance requirements for an AED in order for the AED to be used in an AED program.
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| Tennessee Code, 68-140-406 |
Limitation on liability of entity responsible for program.
The entity responsible for the AED program shall not be liable for any civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if the applicable provisions and program established under § 68-140-404 and the rules adopted by the department pursuant to § 68-140-405 have been met by the entity and have been followed by the individuals using the AED.
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| Tennessee Code, 68-140-407 |
Limitation on liability of trainers.
An individual providing training to others in an approved program on the use of an AED shall be held harmless by the employer of the trainer for damages caused by training that was negligent.
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| Tennessee Code, 68-140-408. |
Training and demonstration of competence in CPR and use of AED.
For purposes of §§ 68-140-402 and 68-140-404 - 68-140-409, expected AED users shall complete training and demonstrate competence in CPR and the use of an AED through a course of instruction approved by the Tennessee emergency medical services board.
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| Tennessee Code, 68-140-409. |
Training and demonstration of competence in CPR and use of AED.
Applicability of §§ 68-140-402, 68-140-404 -- 68-140-409.
Sections §§ 68-140-402 and 68-140-404 — 68-140-409 shall only apply to situations involving emergency use of an AED and in no case shall it apply where there is a duty to provide care. Nor shall it apply where a doctor has prescribed use of an AED for a patient’s use in the patient’s private home.
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| Tennessee Code - 49-2-122. |
Placement of automated external defibrillator (AED) devices in schools.
(a)(1) All public high schools shall have automated external defibrillator (AED) devices placed within the school.
(2) All public middle and elementary schools are encouraged, within existing budgetary limits, to place AED devices within the school.
(b) All. schools required, or electing, pursuant to subsection (a) to place AED devices in schools, shall comply with all provisions of title 68, chapter [sic]140, part 4, relative to:
(1) Training;
(2) Establishment of a written plan that complies with g 6g-140-404;
(3) Notification;
(4) Maintenance and testing of the AEDs to ensure that the devices are in optimal operating condition in compliance [sic] with s 6g-140-404; and
(5) Any other requirements.
(c) Each placement of an AED shall be supervised and endorsed by a physician with an unrestricted license to practice medicine or osteopathy in this state. When a school receives its first AED, it shall place the AED in a location that may be accessed readily from any area of the school, which may include those areas of the school that are used for physical education or activity. Subsequently, additional AEDs shall be placed in locations that are accessible during emergency situations. AEDs shall not be placed in an office that is not accessible to any person who might need to use the AED or in any location that is locked during times that students, parents or school employees are present at school or school events.
(d) AEDs placed in schools shall be registered with local emergency medical services providers as required by §§ 68-140-403(2) and 68-140-404(6).
(e) LEAs and schools responsible for an AED program pursuant to § 68-140-404(1) shall not be liable for any civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if the applicable provisions and program established under § 68-140-404 and the rules adopted by the department pursuant to § 68-140-405 have been met by the LEA and school and have been followed by the individuals using the AED.
(f) A teacher, school employee or other person employed by the LEA responsible for an AED program pursuant to § 68-140-404(1) shall not be liable for any civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if the applicable provisions and program established under § 68-140-404 and the rules adopted by the department pursuant to § 68-140-405 have been met by the LEA and school and have been followed by the individuals using the AED.
(g) Misuse or abuse of any AED device on school property by a student is disorderly conduct and the student shall be subject to disciplinary action.
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| Tennessee Code, 49-6-1208. |
Cardiopulmonary resuscitation (CPR) program for junior or senior high schools curriculum.
(a) The state board of education may provide for a program of instruction on cardiopulmonary resuscitation (CPR) techniques commensurate with the learning expectations within the lifetime wellness curriculum for public junior or senior high schools. All students should participate in this introduction at least once during their attendance in junior or senior high school.
(b) It is not the intention of this section to require full certification in CPR. It is the intention of the section that students will learn the techniques and practice the psychomotor skills associated with performing CPR. For the purposes of this section, "psychomotor skills" means the use of hands-on practice and skills testing to support cognitive learning and shall not include cognitive-only training.
(c) The program of instruction on CPR shall include instruction on the use of an automatic external defibrillator (AED) and location of any AED in the school, if the school has an AED or AEDs. If the school has an AED, the school shall conduct a CPR and AED drill so that the students are aware of the steps that must be taken if an event should occur that requires the use of an AED. [This subsection (c) is effective July 1, 2016.]
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| Tennessee Code - 49-50-tbd |
AEDs in Private Schools Encouraged
(a) All private schools, as defined in § 49-6-3001, are encouraged to place automated external defibrillator (AED) devices in schools, as required of public schools in § 49-2-122.
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| Tennessee Rules and Regulations, 1200-12-1-.19 |
AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAMS.
(1) Each entity shall submit a written notice to the local primary emergency medical services provider or emergency communications district that provides the following information:
(a) the name of the entity, the owner of the AED, and a contact person and an alternate with telephone numbers, and mailing address of the placement facility;
(b) the street location and site within the facility where the AED shall be placed, means to access the AED, hours during the day when the AED may be available, and whether the AED may be used off-site;
(c) description of the AED by manufacturer and model;
(d) listing of the area emergency medical services and contact information for the EMS agency and emergency communications district;
(e) the name and contact information of the physician supervising the AED placement; and,
(f) how the use of the AED is coordinated with the local EMS system.
(2) Each entity shall maintain and submit a copy of a written AED plan to the local primary emergency medical services provider or emergency communications district that includes:
(a) designation of the training programs adopted by the entity to prepare expected users;
(b) a list of individuals appropriately trained and authorized;
(c) a plan of action for proper use of the AED;
(d) registration with local emergency medical services with acknowledgement by their representatives of the AED placement, plan, and program;
(e) description of how the AED program coordinates with EMS and the dispatching entity;
(f) maintenance and testing procedures necessary to maintain the device, as well as sample forms to document proper maintenance; and,
(g) reports that shall be made of AED use along with other records to be maintained by the program.
(3) Each entity shall complete a report of the use of an AED and submit a copy to the responding EMS agency and the supervising physician to document the following:
(a) time of use or deployment of the device;
(b) the model of AED used;
(c) names of the AED responders;
(d) patient information, when known, to include name, age, race, and gender of the patient;
(e) condition of the patient upon arrival of AED responders and resuscitative actions taken;
(f) condition of the patient upon arrival of EMS; and,
(g) patient outcome.
(4) Each placement of an AED shall be supervised and endorsed by a physician with an unrestricted license to practice medicine or osteopathy in Tennessee.
(5) Each automated external defibrillator shall comply with the provisions of T.C.A. § 68-140-710 and shall perform the following capabilities:
(a) analyze heart rhythm and deliver electrical impulses (countershocks) for at least thirty (30) minutes after deployment;
(b) deliver visual or audible warnings of low battery power;
(c) provide an audible or visual warning of loose connections of the electrodes; and
(d) incorporate an internal event record providing the time of activation, times of rhythm analysis, and times of delivery of countershocks.
(6) The following training programs in cardiopulmonary resuscitation and AED use are consistent with the scientific guidelines of the American Heart Association and have been approved by the Tennessee Emergency Medical Services Board.
(a) Heartsaver AED and Basic Life Support for Healthcare Professional CPR and AED Courses of the American Heart Association
(b) Advanced Cardiac Life Support Course of the American Heart Association (for Healthcare professionals in conjunction with Basic Life Support for Healthcare Providers)
(c) Workplace First Aid and Safety; Adult CPR/AED Training Course of the American Red Cross
(d) AED Training Course of the American Red Cross (in conjunction with Adult and Professional Rescuer CPR courses)
(e) AED Course of the National Safety Council (in conjunction with AHA, NSC, or ARC Adult CPR Courses)
(f) Heartsaver FACTS Course of the National Safety Council or American Heart Association;
(g) Medic First Aid family of programs for Basic Life Support for Professionals and AED Training by EMP International, Inc.
(h) American Safety and Health Institute programs for Basic CPR and AED education and training.
(i) Coyne First Aid CPR and AED training program.
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| Tennessee Rules and Regulations, 0460-02-.07 |
Dental Office Anesthesia and Sedation
(6)(b) General rules for conscious sedation.
. . .
6. Emergency management.
. . .
(iii) A cardiac defibrillator or automated external defibrillator must be available.
. . .
(7)(b) General rules for deep sedation/general anesthesia.
. . .
6. Emergency management.
. . .
(iv) A cardiac defibrillator or automated external defibrillator must be available.
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