Grades Best/Worst States for Sudden Cardiac Arrest Victims and Bystanders Wiling to Help
AED Risk Insights completes comprehensive review of automated external defibrillator laws, finds large percentage of states don’t provide immunity protection to potential rescuers
PORTLAND, Ore. — While most Americans may hope that someone will help when sudden cardiac arrest strikes, many states are making it a risky decision for would-be heroes with access to publicly-placed automated external defibrillators (AEDs), according to a new report issued today. AED Risk Insights, Inc., a nationally-recognized authority on AED law, public policy, program operations and risk management, today announced completion of its inaugural AED Law Report Card – the most comprehensive review of federal, state, and local AED laws ever undertaken.
“The current state of U.S. AED laws creates a situation in which it is nearly impossible for willing bystanders and AED owners to know if they have Good Samaritan immunity protection when trying to save a life,” said Richard A. Lazar, president and chief executive officer of AED Risk Insights. “This makes the time-sensitive decision to retrieve and use a publicly-placed AED even more stressful.”
An automated external defibrillator is a small portable device that automatically checks a person’s heart rhythm, and if sudden cardiac arrest is detected, administers a shock through the chest wall that restores the heart’s normal rhythm. Audible and/or visual prompts guide the user through the process, making AEDs easy for bystanders to use. Similar to placement of fire extinguishers, portable AEDs are often found in locations such as airports, office buildings, shopping malls, schools, and other public settings.
Among the grade results for the 50 states and the District of Columbia, only 14 received a grade of “C” or better. The summary grades for each state and the District of Columbia were based on core grades for four important AED law characteristics including: understandability of AED-related laws; scope and complexity of operational burdens; scope of persons offered Good Samaritan protection; and types of conduct offered Good Samaritan protection.
Key Findings
The following are just a sampling of top-line findings revealed within the 2006 AED Law Report Card:
- Despite common public perceptions, AED Good Samaritan laws do not protect everyone.
- Even with the growing number of easy to use, publicly accessible AEDs, and the advances in AED-guided instructions for the general public, 25 states do not offer immunity protection to untrained AED users.
- At least 12 states fail to offer immunity protection to anyone, as the state laws incorporate language that doesn’t protect against ordinary negligence.
- 36 states, plus the District of Columbia, received a “D” or failing grade, reflecting a high degree of risk to organizations that buy AEDs and to individuals who may encounter an episode of sudden cardiac arrest while in public settings and who may be willing to help.
“These findings create a dilemma for organizations and individuals, as they are generally expected to comply with the meaning and intent of AED laws regardless of a law’s quality or the underlying merits of its provisions,” said Lazar. “Creating a new generation of AED laws that permit and empower AED program deployment and that encourage all willing lay-rescuers to respond will go a long way toward increasing the chances of survival for sudden cardiac arrest victims.”
The Highest- and Lowest-Graded States
AED laws were evaluated in relation to important public health and public policy considerations. Because AED laws favoring a highly controlling medical model act as a barrier to AED deployment, and actually increase rather than decrease liability risks, AED Risk Insights graded these types of laws lower than those favoring an open access model. The best 5 and worst 5 rankings for 2006 are as follows:
| Best 5 | Grade | Worst 5 | Grade |
| 1. Michigan | A | 1. Maryland | F |
| 2. North Carolina | B | 2. California | F |
| 3. Oregon | B | 3. New Mexico | F |
| 4. Louisiana | B | 4. Maine | F |
| 5. New Hampshire | B | 5. Idaho | F |
Detailed AED Law Report Cards for each state and the District of Columbia are available in the AED Law Center, an online resource from AED Risk Insights, located at www.AEDRiskInsights.com.
About AED Risk Insights, Inc.
AED Risk Insights was founded in 2003 to encourage and enable widespread automated external defibrillator (AED) deployment. AED Risk Insights helps organizations understand and manage risks arising from the placement and use of AEDs in public settings. The company’s AED Law Center provides a unique “what it says” and “what it means” approach to current AED laws, legislation, court cases, government information and news. The company also provides a wide range of customized risk management services to organizations with AEDs and those considering the purchase of AEDs. The company’s public policy advocacy service provides focused analysis and support to proactively reach and inform key policymakers. AED Risk Insights is privately-held. Additional information is available at www.AEDRiskInsights.com.