AED State Laws

Requirements

Montana State AED Law

Any establishment with an AED in Montana must have a corresponding emergency preparedness plan that outlines and trains individuals on how to use and maintain the AED. 

See who is covered under Montana’s Good Samaritan protection laws by reading below.

Summary of Requirements

Physician

Some type of medical authority must oversee the Automated External Defibrillator (AED) program.

CPR/AED Training

An individual who is authorized to operate an Automated External Defibrillator (AED) must receive appropriate training by the department of CPR and the proper use of an AED.

EMS Notification

In order for an entity to use or allow the use of an automated external defibrillator, the entity shall establish a program for the use of an Automated External Defibrillator (AED) that includes a written plan. The plan must specify where the AED will be placed, and the individuals who are authorized to operate the AED. The AED must be maintained, tested, and operated according to the manufacturer’s guidelines and written records of all maintenance and testing performed on the AED must be maintained.

Maintenance Program

In order for an entity to use or allow the use of an automated external defibrillator, the entity shall establish a program for the use of an Automated External Defibrillator (AED) that includes a written plan. The plan must specify where the AED will be placed, and the individuals who are authorized to operate the AED. The AED must be maintained, tested, and operateed according to the manufacturer’s guidelines and written records of all maintenance and testing performed on the AED must be maintained.

Notification of Use

It is required that EMS is notified any time an Automated External Defibrillator (AED) is used for a cardiac arrest as soon as possible and is reported to the department.

Good Samaritan Protection

  • rescuer
  • property owner
  • physician
  • trainer
Reference Summary

MT Code § 50-6-505

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

Laws / Legislation

Reference Summary

MT Code § 20-7-1315

The office of public instruction shall provide guidance and technical support and make available a program of study to Montana schools.

MT Code § 50-6-503

The department shall adopt rules specifying: the contents of the written notice required by 50-6-502(6); reporting requirements for each use of an AED; the contents of a plan prepared in accordance with 50-6-502 and requirements applicable to the subject matter of the plan; training requirements in cardiopulmonary resuscitation and AED use for any individual authorized by an AED program plan to use an AED; guidelines for medical oversight of an AED program; minimum requirements for a medical protocol for use of an AED; performance requirements for an AED in order for the AED to be used in an AED program; and a list of the AED training programs approved by the department. The department may not adopt rules for any purpose other than those in subsection (1).

MT Admin Reg § 37.104.601

Defines: Automated External Defibrillator, CPR, and Medical Supervision.

MT Admin Reg § 37.104.604

An entity wishing to use or allow the use of an AED shall develop and update the AED as changes are made.

MT Admin Reg § 37.104.606

Every time an AED is attached to a patient, its use must be reported to the medical supervisor or the medical supervisor’s designee and the report must include the information required by the supervising medical supervisor.

MT Admin Reg § 37.104.610

In order to be authorized by an AED program plan to use an AED, an individual must complete a cardiopulmonary resuscitation and AED training program that meets the standards of the American Heart Association and must renew this training at intervals not to exceed two years.

MT Admin Reg § 37.104.615

A medical protocol for defibrillation use must be consistent with the requirements for defibrillation set out in the “2005 American Heart Association Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiac Care”.

MT Code § 50-6-502

Outlines the requirements prior to allowing the use of an AED.

MT Admin Reg § 37.104.616

An AED used by an AED program must be a unit approved by the U.S. food and drug administration.

MT Code § 50-6-501

Defines: Automated External Defibrillator, Department, Emergency Medical Service, Entity, Physician, and Public Safety Answering Point.

MT Code § 50-6-504

Outlines the policy for AED violation.

MT Code § 50-6-506

This part does not apply to the use of an AED by:
(1) a patient or the patient’s caretaker if use of the AED is ordered by a physician; or
(2) a licensed health care professional, including an emergency medical technician, whose scope of practice includes the use of an AED.

MT Admin Reg § 37.104.605

Outlines the requirements prior to allowing the use of an AED.

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.