Indiana AED Laws
AED laws and codes for the state of Indiana can all be found below for your research and support of your AED program.
Codes and statutes of particular importance have been highlighted in red for your convenience. Whereas anyone in charge of implementing or supporting an AED program in the state of Indiana will want to be fully familiar with all of the state laws pertaining to AEDs and defibrillators, particular importance should be placed on these clauses.
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INDIANA STATE AED LAWS
Indiana Code § 16-31-6.5-2
This chapter does not apply to the following:
(1) A licensed physician.
(2) A hospital or an ambulatory outpatient surgical center.
(3) A person providing health care in a hospital or an ambulatory outpatient surgical center licensed under IC 16-21.
(4) A person or entity certified under IC 16-31-3.
Indiana Code § 16-31-6.5-4
A person or entity acquiring a defibrillator shall ensure that the defibrillator is maintained and tested according to the manufacturer's operational guidelines.
Indiana Code § 16-31-6.5-5
A person or entity in possession of a defibrillator shall notify the:
(1) ambulance service provider that serves the area where the person or entity is located; or(2) emergency medical services commission; of the acquisition and location of the defibrillator.
Indiana Code § 16-31-6.5-6
A person who uses a defibrillator is required to contact:
(1) the ambulance service provider; or(2) a fire department that provides ambulance service for the area as soon as practicable following the use of the defibrillator.
Indiana Code § 34-6-2-51
(a) "Gratuitously renders emergency care", for purposes of IC 34-30-12-1, means the giving of emergency care (including the use of an automatic external defibrillator):
(1) that was volunteered without legal obligation on the part of the person rendering the emergency care; and(2) for which the person rendering the emergency care does not expect remuneration.
(b) Emergency care may not be considered to be gratuitously rendered emergency care solely because of the failure to send a bill for the emergency care.
Indiana Code § 34-30-12-1
Gratuitously rendered emergency care; immunity:
(a) This section does not apply to services rendered by a health care provider (as defined in IC 34-18-2-14 or IC 27-12-2-14 before its repeal) to a patient in a health care facility (as defined in IC 27-8-10-1 ).
(b) Except as provided in subsection (c), a person who comes upon the scene of an emergency or accident, complies with IC 9-26-1-1.5, or is summoned to the scene of an emergency or accident and, in good faith, gratuitously renders emergency care at the scene of the emergency or accident is immune from civil liability for any personal injury that results from:
(1) any act or omission by the person in rendering the emergency care; or(2) any act or failure to act to provide or arrange for further medical treatment or care for the injured person; except for acts or omissions amounting to gross negligence or willful or wanton misconduct.
(c) This subsection applies to a person to whom IC 16-31-6.5 applies. A person who gratuitously renders emergency care involving the use of an automatic external defibrillator is immune from liability for any act or omission not amounting to gross negligence or willful or wanton misconduct if the person fulfills the requirements set forth in IC 16-31-6.5.
(d) This subsection applies to an individual, business, or organization to which IC 16-31-6.5 applies. An individual, business, or organization that allows a person who is an expected user to use an automatic external defibrillator of the individual, business, or organization to in good faith gratuitously render emergency care is immune from civil liability for any damages resulting from an act or omission not amounting to gross negligence or willful or wanton misconduct by the user or for acquiring or providing the automatic external defibrillator to the user for the purpose of rendering the emergency care if the individual, business, or organization and the user fulfill the requirements set forth in IC 16-31-6.5.
(e) A licensed physician who gives medical direction in the use of a defibrillator or a national or state approved defibrillator instructor of a person who gratuitously renders emergency care involving the use of an automatic external defibrillator is immune from civil liability for any act or omission of the licensed physician or instructor if the act or omission of the licensed physician or instructor:
(1) involves the training for or use of an automatic external defibrillator; and(2) does not amount to gross negligence or willful or wanton misconduct.
Indiana Code § 24-4-15
Chapter 15. Automated External Defibrillators in Health Clubs
Sec. 1. As used in this chapter, " defibrillator " means an automated external defibrillator.
Sec. 2. (a) As used in this chapter, "health club" means an establishment at which:
(1) an individual, a corporation, a limited liability company, a partnership, an association, a firm, an educational institution, or any other business enterprise offers:
(A) instruction, training, or assistance in physical fitness that is focused primarily on cardiovascular exertion; or(B) facilities for the:
(i) preservation;(ii) maintenance;(iii) encouragement; or(iv) development of physical fitness or well-being; and
(2) at least:
(A) fifty (50) persons have:
(i) purchased; or
(ii) paid a fee for the right to use the physical fitness facilities; or
(b) The term includes the following:(B) thirty (30) pieces of motorized physical fitness equipment are provided for use by individuals.
(c) The term does not include a workout center in:(1) Health spas and studios.(2) Sports centers.(3) Weight control studios.(4) Gymnasiums and workout centers in schools, colleges, and universities.
(1) a hospital licensed under IC 16-21 or a health facility licensed under IC 16-28;(2) a hotel or motel, unless the workout center allows membership by individuals who are not guests of the hotel or motel; or(3) an apartment, a condominium, or a town home complex.
Sec. 3. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, an association, a firm, or an educational institution.
Sec. 4. As used in this chapter, "state department" refers to the state department of health.
Sec. 5. An owner or operator of a health club shall do the following:
(1) Ensure that a defibrillator is:
(A) located on the health club premises and easily accessible to the health club staff, members, and guests; or(B) if:
(2) Employ at least one (1) individual who:(i) the health club is located on the premises of a business of which the health club is a part; and(ii) the business has an emergency response team; located on the premises of the business and easily accessible to the emergency response team.
(A) has satisfactorily completed a course consistent with the most current national guidelines for; and(B) is currently certified in cardiopulmonary resuscitation and defibrillator use.
(3) Reasonably ensure that at least one (1) individual described in subdivision (2) is on the health club premises when staff is present at the health club during the health club's business hours.
(4) A health club that is not staffed must have the following on the premises:
(5) Ensure compliance with the requirements set forth in IC 16-31-6.5(A) A telephone for 911 telephone call access.(B) A sign in plain view containing an advisory warning that indicates that members of the unstaffed health club should be aware that working out alone may pose risks to a health club member's health and safety.(C) A sign in plain view providing instruction in the use of the defibrillator and in cardiopulmonary resuscitation.
(6) Post a sign at each entrance to the health club that indicates the location of each defibrillator.
Sec. 6. A person is immune from civil liability for acts or omissions involving the use of or the failure to use a defibrillator located on the premises of a health club under this chapter as provided under IC 34-30-12-1.
Sec. 7. Sec. 7. The:
(1) state department and the division of fire and building safety may inspect a health club at any time:
(A) according to rules adopted by the state department; or(B) in response to a filed complaint alleging noncompliance with this chapter; and
(2) fire department that serves the area in which a health club is located shall inspect the health club for compliance with this chapter if the health club is inspected as part of an inspection program under IC 36-8-17-8.
Sec. 8. A person who violates this chapter commits a Class C infraction.
Sec. 9. The state department may adopt rules under IC 4-22-2 to implement this chapter.
As enacted in Senate Bill 134, May 2007.
Indiana Code § 24-4-15-6
A person is immune from civil liability for acts or omissions involving the use of or the failure to use a defibrillator located on the premises of a health club under this chapter as provided under IC 34-30-12-1.
Indiana Code § 16-31-6.5-3
As used in this chapter, "defibrillator" means an automatic external defibrillator.
Indiana Code § 16-31-6-2
Use of defibrillators:
(a) Except for an act of negligence or willful misconduct, a certified first responder who uses an automatic or semiautomatic defibrillator on an emergency patient according to the training procedures established by the commission under IC 16-31-2-9 is immune from civil liability for acts or omissions when rendering those services.
(b) If the first responder is immune from civil liability for the first responder's act or omission, a person who has only an agency relationship with the first responder is also immune from civil liability for the act or omission.