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South Dakota State AED Laws

 Summary of Requirements

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
AED-Check.jpg 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
AED-Check.jpg 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.
AED-Check.jpg EMS Notification Emergency medical services system must be activated when an AED has been used to render
emergency care or treatment.
AED-Check.jpg 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.
AED-Check.jpg Notification of Use Must report any emergency use of the AED to the physician.

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Good Samaritan Protection
Rescuer Purchaser Property Owner Physician Trainer
AED-Check.jpg No Current Legislation No Current Legislation AED-Check.jpg AED-Check.jpg

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
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.