Jump Start Your Heart Act

Per Senate Bill NO.12 ACT 234-2023YR

The Louisiana Department of Health, Office of Public Health, and Bureau of EMS has the authority to promulgate all necessary rules and regulations to implement and assure compliance to R.S. 40:1137.3 S.B.12 ACT 234 relative to (AED) automated external defibrillator (AEDs) are required on the premises of each post-secondary institution and each elementary, middle, and high school and at certain sponsored/host athletic events. Effective date until the beginning 2024-2025 school year. Registration shall occur within 60 days of the effective date of this subsection, and any change in or addition to required information shall be uploaded to the Bureau of EMS information Management System within 30 days from the date of Occurrence.

What is an AED?

An Automated External Defibrillator (AED) is a medical device heart monitor and defibrillator that:

Has received approval of its pre-market notification filed pursuant to 21 U.S.C. 360(k) from the United States Food and Drug Administration;
Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining whether defibrillation should be performed.
Upon determining that defibrillation should be performed, the AED automatically charges and requests delivery of an electrical impulse to an individual's heart;
Is capable of delivering the electrical impulse to an individual's heart; and
Pediatric AED capabilities are required.

AED Maintenance & Use

The AED must be maintained and tested within the institution, according to the manufacturers’ guidelines; in accordance with state and federal rules and policies, including review of product warranty expirations and AED machine, pads and batteries.
Expected AED users must receive appropriate training in CPR and in the use of and AED by American Heart Association, American Red Cross, the Health and Safety Institute, or the equivalent cardiopulmonary resuscitation credential that has been approved by LDH.
The local provider of emergency medical services (EMS) (such as 911 service, local ambulance service, or fire department) must be activated by the possessor as soon as possible when and individual renders emergency care to an individual in cardiac arrest by using CPR or an AED. It is the responsibility of the individual rendering the emergency care to activate the local EMS provider.
Any manufacturer, wholesale supplier, or retailer of an AED must notify purchaser of AED's intended for use in the state of Louisiana of the requirements of R.S. 40:1137.3.
After every event in which and AED is used, it is the responsibility of the educational facility to immediately replenish the AED supplies that were used and prepare the device to be ready for next event.
Contact the AED manufacturer if you have any issues.

All Educational Facility Institutions are required to have the following:

AED on the premises of each postsecondary institution and each K-12 educational facilities.
AED is required a certain interscholastic and intercollegiate athletic events.
Individuals trained in the use of the AED and First-aid CPR at the events.
Provide a Cardiac Response Plan.
Cardiac Response Team.

Cardiac Emergency Response Team

A group of a minimum of two, but preferably four, individuals credentialed in pediatric, child, and adult CPR and use of an AED.

Cardiac Response Plan

The plan shall focus on preventing the loss of life. A plan must be written and identify the members of the Cardiac Emergency Response Team. At a minimum, the plan must include:

Establishing a cardiac emergency response team;
Activating the team in response to a sudden cardiac arrest;
Implementing AED placement and routine maintenance within the institution;
Maintaining ongoing staff training in CPR and AED use;
Practicing using drills
Integrating local EMS with the plan; and
Annually reviewing and evaluating the plan.

Registration: K-12 Education Institutions

Each elementary, middle, and high school shall register the education facility in the Bureau of EMS Information Management System. This registration shall include, but is not limited to, the following information, and is subject to the following requirements:

Name and title of the individual(s) responsible for the maintenance and testing of the AED(s).
Name and title of the individual(s) who have completed the training to utilize the AED(s).
Location of all AED(s).
Serial number/identification number of all AED(s).
Schedules and timeframes for required maintenance;
Name of agency issuing training credentials, name of individuals completing the credentialing training, date of recommended renewal of training.
Initial registration shall occur within 60 days of the effective date of this Subsection, and any change in or addition to required information shall be uploaded to the Bureau of EMS Information Management System within 30 days from the date of occurrence.
Each elementary, middle, and high school shall have an AED on its premises in an easily accessible location.
Any elementary, middle, or high school that sponsors or hosts an interscholastic athletic event shall have an AED and a trained AED user who is also trained in first-aid CPR at the event.

Registration: Postsecondary Education Institutions

All postsecondary education institutions shall register the institution in the Bureau of EMS Information Management System. This registration shall include, but is not limited to, the following information, and is subject to the following request:

Name and title of the individual(s) responsible for the maintenance and testing of the AED(s).
Name and title of the individual(s) trained to utilize the AED(s).
Location of all AED(s)
Serial number/identification number of all AED(s)
Schedules and timeframes for required maintenance
Name of agency issuing training credential, name of individuals completing the credentialing training, date of recommended renewal of training
Name of the individual providing medical oversight
Initial registration shall occur within 60 days of the effective date of this Subsection, and any change in or addition to required information shall be uploaded to the Bureau of EMS Information Management System (BEMS IMS) within 30 days from the date of occurrence.
Each post-secondary education institution shall have an AED on its premises in an easily accessible location, which location shall be within the athletic department if it has such a department.
Any postsecondary education institution that sponsors or hosts an intercollegiate athletic event shall have an AED and a trained AED user who is also trained in first-aid CPR at the event.

Additional Requirements for Postsecondary Educational Institutions

Any institution of higher education that competes in intercollegiate athletics must have an AED on its premises in its athletic department, with posters approved by AHA/ARC on how to safely perform CPR and use the AED. The AED must be placed in open view within 2 feet of a telephone to readily enable a call to 911 from within the athletic department. It must also be placed in an area with easy access to coaches and athletic personnel where athletes are training and/or competing.

Compliance, Enforcement, and Penalties

The Bureau of Emergency Medical Services shall inspect the premises in response to a complaint that specifies the alleged violator's name, address, and telephone number filed with the Bureau of Emergency Medical Services alleging a violation. The BEMS may inspect facilities or premises at other times to ensure compliance with the rule.

If any Educational Institution violates this rule by failing to have on the premises an accessible and operational AED or to adopt or required by this chapter, then the following actions, including the issuance of assessing monetary penalties per violation basis, are hereby authorized.

Voluntary Compliance

The Bureau of Emergency Medical Services or its designee shall issue a written administrative warning without monetary penalty upon determining that an initial violation exists. The Written notification of violation shall grant a 30-day grace period from the date the warning is received by the recipient.

Mandatory Compliance Penalties

BEMS may impose monetary penalties of $150 per violation per month upon determination that one or more violations continue to exist after the 30-day grace period has expired. A violation that exists for any portion of a month shall constitute an entire month.
BEMS may impose monetary penalties in the amount of $200 per violation per month upon determination that one or more violations continue to exist for more than six months following the expiration of the 30-day grace period. A violation that exists for any portion of a month shall constitute an entire month.
If it determines that a violation has continued for more than six months following the expiration of the 30-day grace period, the BEMS or its designee may report said violations to the Louisiana attorney general's office or other governing authorities requesting issuance of further warning and/or the institution of judicial enforcement procedures; and
The monetary civil penalties authorized by this section shall be imposed by issuance to an alleged violator ("respondent") of a written notice of penalty imposition. Said notice shall include language advising the Respondent of the right to an administrative hearing concerning same, which shall expire unless the Respondent files, in the manner specified therein, a written request for an administrative hearing with BEMS within 20 calendar days of receipt of the notice. If such a written request is timely filed, then it shall be forwarded by BEMS to the Louisiana Division of Administrative Law.

Resources

For more info, contact Aimee Hall via email or at (225) 925-4374.