AED laws and AED programs to offset any legal risk

1. AED ACQUIRER STATE LAWS /
CIVIL LIABILITY IMMUNITY LAWS
PROTECTING YOU & YOUR ORGANIZATION

2. Please be patient……
Attendees are logging on….

3. www.firstvoice.us

4. Who is Think Safe and First Voice?
Manufacturer / Developer in First Aid Industry
First Voice is our product line sold through distribution – we solve problems
Leading the first aid industry in technology solutions
• Industry AWARDS: SAXCIES Best New Safety Product 2006; Best
New Software 2007 & 2008 Pocket PC Magazine
• Top-rated first aid app for the iPhone by Macworld – July 2009
• American Lifeguard Association endorsement – June 2009
• Certified AED program auditing for insurance cos. (golf/resorts)
• WBENC certified company
“First Aid is no longer about the white box.”
www.firstvoice.us

5. Webinar Sponsor: Think Safe

6. Thank you for attending today’s Webinar !
SPECIAL BONUS OFFER PROVIDED AT END OF THIS WEBINAR!

7. Changing the face of first aid
www.firstvoice.us
Think Safe’s Product Line
First Voice is a division of Think Safe Inc. www.firstvoice.us

8. Who is Think Safe and First Voice?
Manufacturer / Developer in First Aid Industry
First Voice is our product line sold through distribution – we solve problems
Leading the first aid industry in technology solutions
• Industry AWARDS: SAXCIES Best New Safety Product 2006; Best
New Software 2007 & 2008 Pocket PC Magazine
• Top-rated first aid app for the iPhone by Macworld – July 2009
• American Lifeguard Association endorsement – June 2009
• Certified AED program auditing for insurance cos. (golf/resorts)
• WBENC certified company
“First Aid is no longer about the white box.”
www.firstvoice.us

9. www.firstvoice.us

10. Today’s presenter is:
Greg Stebral, Vice President, Sales at Think Safe, Inc.
Specialities:
•Technical & Industrial Sales & Marketing
•First Aid, CPR, and Emergency Response Training Products and Services
•Technology solutions for safety & first aid including automated external defibrillators (AED) and
Emergency Instruction Devices (EID)
Twenty-three years of sales, marketing, channel/account management, building distribution/dealer
channels, managing long-term relationships, and developing and executing strategic initiatives.
Education:
University of Iowa – Henry B. Tippie College of Business, Master of Business Administration
University of Northern Iowa, B.A. Marketing/Management

11. Easy and comprehensive solutions…
Fact Solution
Sudden Cardiac Arrest affects over 300,000 Automated External Defibrillators (AEDs) used within 6
Americans each year and AED programs are minutes take survival rates from 5% to over 65%! AEDs
becoming a standard of care save lives and they are highly recommended by OSHA.
911 is not immediate with an average 8-10 minute First Voice tools & AEDs are technology solutions that
response ensure lay rescuers will more confidently respond and
help alleviate the gap in care until EMS arrives.
50% of the time sudden collapse is not a defibrillation CPR feedback and assistance tools exist to make
event; CPR feedback promotes better CPR quality for providing quality CPR easier. First Voice offers these
these events product solutions in our 1,000+ product line solution.
OSHA First Aid and AED programs require proper First Voice training options allow best-in-class equipment
training certifications & technology solutions bundled with training certifications
to improve efficiency while reducing overall costs.
AED programs should encourage refresher training to First Voice training systems, software, and online
improve retention of skills refresher training makes 15 minute sessions easy,
affordable and provides an instant on-site instructor.
AED acquirer laws & programs are often times not First Voice provides affordable and easy to use AED
addressed appropriately program tools for use by any size customer or dealer (Rx,
AED policy, inspection, checklists, etc.)
www.firstvoice.us

12. An effective AED turnkey program solution…
Management/Human Resources Tasks regarding AED acquisition
• Put AED policy in place (hard copy and email/intranet) and assign AED administrator
Ensure company wide communication on policy / placement
• Make sure Emergency Action Plan is updated to include AED storage, use & policy
• Assign AED Program Administrator / Site Coordinator at each facility to maintain AED
• Potentially work with medical director (some states mandate having a medical
director) and get proper sign-off and contract in place - MD oversight is NOT Rx!
• Register device with local EMS
• Training & Ongoing Maintenance / Updates
www.firstvoice.us

13. What about legal issues & protection?
GOOD SAMARITAN LAWS: (USERS)
Legal Research Conclusions: There have been no known lawsuits against lay
rescuers providing CPR as Good Samaritans, nor any against AED users.
Legal Protection: The Cardiac Arrest Survival Act (CASA) was part of the
Public Health Improvement Act signed into law in November 2000. The law
provides nationwide Good Samaritan protection that exempts from liability
anyone who renders emergency treatment with a defibrillator to save
someone’s life. The limited immunity in CASA extends to private, public and
federal settings.
Richard Lazar (industry AED litigation expert) states, “Current case law shows
there is more risk in not having an AED than having an AED.”
What about AED Acquirers – are they protected?

14. What about legal issues & protection?
AED Acquirer State Laws
Legal Research Conclusions: There have been no known lawsuits against
companies using an AED at the workplace, nor any against AED users. (links below)
http://www.firstvoice.us/LinkClick.aspx?fileticket=Nq%2bHwPFqXUI%3d&tabid=301&mid=1731
http://www.firstvoice.us/LinkClick.aspx?fileticket=ocZ8O%2bb71CU%3d&tabid=301&mid=1731
Legal Protection:
Each state has their own AED acquirer civil liability immunity laws
Varying standards exist in each state
VALUE ADD: WE can provide these laws to you
Examples of compliance requirements:
•Maintenance standards of AED manufacturer must be followed
•EMS Notification
•Medical Oversight by healthcare provider or licensed physician may apply
•CPR/AED Certified Training standards must be followed

15. Helping you protect your company...
AED Acquirer Civil Liability Immunity Laws
•Looking at state AED acquirer civil liability immunity laws per state (our database)
EXAMPLES: **
**UT Law: Need to register AED on statewide database within 30 days of buying
**IL Law: 91_SB0458enr
Currently 4 counties require medical direction plus:
a) A person acquiring an automated external defibrillator shall take reasonable measures to ensure that:
1) The automated external defibrillator is used only by trained AED users;
2) The automated external defibrillator is maintained and tested according to the manufacturer's guidelines;
3) The automated external defibrillator is registered with the EMS System Resource hospital in the vicinity of where the automated external
defibrillator will be located, which shall oversee utilization of the automated external defibrillator and ensure that training and maintenance
requirements are met.
A) The owner of the AED shall provide a list of trained users at the site, including copies of their certification cards, to the Resource Hospital.
B) The owner of the AED shall provide a copy of the manufacturer's guidelines for maintenance and training, and documentation confirming
that these guidelines were met as requested; and
4) Any person who renders out-of-hospital emergency care or treatment to a person in cardiac arrest by using an automated external
defibrillator activates the EMS System as soon as possible and reports any clinical use of the automated external defibrillator in accordance
with Section 525.500 of this Part. (Section 20(a) of the Act)
b) A person in possession of an automated external defibrillator shall notify an agent of the local emergency communications or vehicle
dispatch center of the existence, location, and type of the automated external defibrillator. (Section 20(b) of the Act)
c) The EMS System shall notify local ambulance providers of AEDs in the ambulance provider's service area.
www.firstvoice.us

16. What about legal issues & protection?
AED Acquirer
State Laws
You do need Rx on file for workplace AED programs (FDA requirement)
But, Rx is not enough……. DO NOT BE FOOLED!!!!!
Rx: Device Related due to Class 3 Medical Device
Rx: NOT Medical Oversight / Medical Direction / Medical Authorization
Rx is not AED Acquirer Civil Liability Immunity State Law Coverage
www.firstvoice.us

17. What about legal issues & protection?
What are AED Acquirer Requirements?
Examples of compliance requirements:
THIS GOES BEYOND Rx DEVICE REQUIREMENT
•Maintenance standards of AED manufacturer must be followed
•EMS Notification
•CPR/AED Certified Training standards must be followed
•Signage specifications
•Storage specifications
•Use by trained personnel only may apply
•AED/Trained Personnel Ratios or AED/Employee Ratios may apply
•Medical Oversight by healthcare provider or licensed physician may apply
www.firstvoice.us

18. To Summarize:
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www.firstvoice.us

19. AED turnkey program solution
through First Voice and Think Safe…
Procurement decisions – Equipment Related Tasks & Costs (brand, case, etc)
Training decisions (online or in person) and notifications to staff
Communication to staff and new hire tools – FREE!
Medical Oversight / Direction services, when and as needed
Administration duties of AED checks/maintenance “ease”
Safety & Responder Team training drill assistance
Easy compliance solution “visibility” with online 24/7 access by anyone
E-minder solutions and hierarchy reporting for AED program transparency
www.firstvoice.us

20. What about legal issues & protection?
Have you….
•Gotten a copy of AED Rx in your files?
•Put a copy of State AED Acquirer law compliance guarantee in your records?
•Established a company-wide AED policy or guideline?
•Had a doctor or licensed healthcare advisor put AED use protocols in place?
•Put in place maintenance standards?
•Provided EMS Notification?
•Checked on Medical Oversight Requirements?
•Followed CPR/AED Certified Training Requirements?
•Verified signage or storage special conditions or requirements?
•Ensured maintenance standards are being followed?
•Educated your site coordinator on the importance of readiness checks?
•Ensured AED are properly marked and notice provided to employees?
www.firstvoice.us

21. An effective AED turnkey program solution…
Select a vendor that can provide long term solutions:
• Comprehensive AED market knowledge (http://www.firstvoice.us/Resources/AEDInfoPage/tabid/301/Default.aspx)
• Efficiency analysis of AED program
• Cost of Ownership Analysis by Manufacturer
• Warranty & Durability Assessment by Manufacturer
• Prescription Rx
• Technical Support
• Liability Protection Experts (for acquirers)
• Program Management Solutions (expiration date notice) – EMINDERS!
• Regulatory Updates
• State Mandate Compliance for AED owner Civil Liability Immunity laws
• Medical Direction
• Post Event Review Assistance
• Reporting and Documentation Assistance
• Training Assistance (Certified and Product Related Implementation Training)
Call our AED experts at 888-473-1777 or email us at gstebral@think-safe.com.
If you want, we will provide you with complimentary copies of the above Exhibits!
We are here to help
www.firstvoice.us

22. YOUR BONUS! Here is that download I promised:
Email download@firstvoice.us for your AED / CPR poster and 2010 ECC
approved physician AED use protocols – CONRAD create email?
Conrad – can you put in the tweet this – (and a message which sends people to our
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local; goes to paula] OR call 319-377-5125.
“Providing technology and easy, affordable solutions for AED & first aid programs.”
www.firstvoice.us