AED State Laws

Requirements

South Dakota State AED Law

South Dakota is making strides to monitor CPR instruction and AED use across school districts. The state also has protections in place for rescuers and physicians who use AED devices. 

Read through South Dakota’s full AED legislation below.

Summary of Requirements

Physician

A licensed physician must be involved in writing Automated External Defibrillator (AED) placement and compliance including training, notification, placement, and maintenance.

CPR/AED Training

The user of an Automated External Defibrillator (AED) and expectant users of the device must receive training from the American Red Cross, American Heart Association, or equivalent nationally recognized course in CPR and the use of an AED.

EMS Notification

When an Automated External Defibrillator (AED) is used for an emergency cardiac arrest., EMS must be alerted as soon as possible.

Maintenance Program

The owner of an Automated External Defibrillator (AED) must test and maintain the AED regularly based on the manufacturer specifications.

Notification of Use

When an Automated External Defibrillator (AED) is used for an emergency cardiac arrest, a report of the emergency must be sent to the overseeing physician.

Good Samaritan Protection

  • rescuer
  • physician
  • trainer
Reference Summary

SD Codified Laws § 20-9-4.4

Provides Good Samaritan protection for use of an AED and establishes guidelines for AED programs.

Laws / Legislation

Reference Summary

SD Admin Reg § 20:43:09:13.01

Outlines AED requirements for dental offices.

SD Codified Laws § 13-3-93

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

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

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

Defines: AED and Person.

SD Codified Laws § 13-3-91

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

Repeals certain provisions related to immunity from civil liability for
the placement and use of automated external defibrillators.

HB 1245

Revises immunity in the use of automated external defibrillators to include AEDs purchased over-the-counter.

SD Codified Laws § 20-9-4.6

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

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

Grants Good Samaritan protection for UNTRAINED users.

SB 83

Provides immunity from civil liability for the placement and use of automated external defibrillators.

This information is for informational purposes only and not intended as legal advice. While we make every attempt to ensure the accuracy of the information provided, AED laws and requirements change frequently. We encourage you to refer to your legal counsel or state agencies with questions about your state's AED laws or AED Good Samaritan requirements.