South Dakota State AED Laws

A physician's involvement is necessary for AED placement and compliance. Users must receive recognized CPR/AED training. Activating the EMS is mandatory when using the AED for emergency care. Regular maintenance and testing of the AED according to the manufacturer's specifications are required. Any emergency use of the AED must be reported to the physician.

Summary of Requirements
	Physician	Must involve a physician to authorize in writing AED placement and compliance with the requirements for AED training, notification of placement and use, and maintenance.
	CPR/AED Training	Expected defibrillator users should receive appropriate training in an American Heart Association, American Red Cross, or other nationally recognized cardiopulmonary resuscitation (CPR) course and AED, or an equivalent nationally recognized course.
	EMS Notification	Emergency medical services system must be activated when an AED has been used to render emergency care or treatment.
	Maintenance Program	Person must test and maintains the AED, or arrange to have such testing and maintenance performed on the AED pursuant to the AED manufacturer's specifications.
	Notification of Use	Must report any emergency use of the AED to the physician.

Good Samaritan Protection
Rescuer	Purchaser	Property Owner	Physician	Trainer
	No Current Legislation	No Current Legislation
SD Codified Laws § 20-9-4.4 - 2007 Provides Good Samaritan protection for use of an AED and establishes guidelines for AED programs.

Laws / Legislation
Reference	Date	Summary
SD Admin Reg § 20:43:09:13.01	2015	Outlines AED requirements for dental offices.
SD Codified Laws § 13-3-93	2014	The secretary of education shall electronically survey school districts regarding whether, and to what extent, the instruction of cardiopulmonary resuscitation and the use of automated external defibrillators is offered.
SD Codified Laws § 13-3-92	2014	Any training resources the secretary of education recommends pursuant to § 13-3-91 shall be nationally recognized, use the most current national guidelines for CPR and emergency cardiovascular care, and incorporate psychomotor skills development into the instruction.
HCR 1006	2009	Encourages all schools to have a sufficient number of AEDs and to implement a medical emergency response plan regarding AED use.
SD Codified Laws § 20-9-4.3	2007	Defines: AED and Person.
SD Codified Laws § 13-3-91	2007	Cardiopulmonary resuscitation skills to be included in school curriculum. The secretary of education shall identify cardiopulmonary resuscitation (CPR) skills that all schools shall include within required school curriculum and shall inform school districts of resources and training available to assist schools to provide instruction in CPR and the use of automated external defibrillators.
HB 1105	2007	Repeals certain provisions related to immunity from civil liability for the placement and use of automated external defibrillators.
HB 1245	2005	Revises immunity in the use of automated external defibrillators to include AEDs purchased over-the-counter.
SD Codified Laws § 20-9-4.6	2000	Any person who provides AED training is immune from civil liability for any personal injury that occurs as a result of emergency care or treatment rendered using the AED or as a result of an act or failure to act in providing or arranging such medical treatment.
SD Codified Laws § 20-9-4.8	2000	The immunity from civil liability under §§ 20-9-4.3 to 20-9-4.8, inclusive, does not apply if the personal injury results from the gross negligence or willful or wanton misconduct of the person rendering such emergency care.
SD Codified Laws § 20-9-4.9	2000	Grants Good Samaritan protection for UNTRAINED users.
SB 83	2000	Provides immunity from civil liability for the placement and use of automated external defibrillators.