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Title 35, Chapter 26, Wyoming State Statutes 101, 102 & 103

35‑26‑101.    Automated external defibrillators; definitions.

(a)  As used in this article:

(i)  "Automated external defibrillator (AED)" means a medical device heart monitor and defibrillator that:

(A)  Has received approval of its premarket notification filed pursuant to U.S. Code, title 21, section 360(k) from the U.S. Food and Drug Administration;

(B)  Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and

(C)  Upon determining that defibrillation should be performed, automatically charges and delivers, or requests delivery of, an electrical impulse to an individual's heart.

35‑26‑102.    Possession of automated external defibrillator.

(a)  In order to ensure public health and safety, all persons who possess an AED shall:

(i)  Obtain appropriate training in cardiopulmonary resuscitation (CPR) and in the use of an AED by the American Heart Association, American Red Cross or by another nationally recognized, or Wyoming department of health recognized, course in CPR and AED use and maintains currency through refresher training every two (2) years; and

(ii)  Ensure that the AED is maintained and tested according to the manufacturer's guidelines.

(iii)  Repealed by Laws 2005, ch. 89, § 2. (see reference - Purpose of provisions)

(b)  Any person or entity in possession of an AED shall notify an agent of the emergency communications center and the local ambulance service of the existence, location and type of AED.

35‑26‑103.    Limited liability for use of automated external defibrillator.

(a)  Any person who uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency, any prescribing physician who authorizes the purchase of the AED and any individual who provides training in cardiopulmonary resuscitation (CPR) in the use of an AED shall be immune from civil liability for any harm resulting from the use or attempted use of such device, unless the harm involved was caused by willful or criminal misconduct, gross negligence, reckless misconduct or a conscious, flagrant indifference to the safety of the victim who was harmed.

(b)  Any person responsible for the site where the AED is located shall be immune from civil liability for any personal injury that results from any act or omission of acts that do not amount to willful or wanton misconduct or gross negligence if that person complies with the requirements of W.S. 35‑26‑102.

(c)  Any clinical use of the AED shall be reported to the licensed physician.

Reference:

9-2-1514.  Purpose of provisions.

 (a)  The purposes of this act are:

 (i)  To prevent where possible the filing in court of actions against health care providers and their employees for professional liability in situations where the facts do not permit at least a reasonable inference of malpractice; and

 (ii)  To make possible the fair and equitable disposition of such claims against health care providers as are, or reasonably may be, well founded.

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