Jump Start Your Heart Act

(AED) Automated External Defibrillator

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.

AED Maintenance & Use

1. 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.
2. 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 prepared the device to be ready for next use.
3. Contact the AED manufacturer if you have any issues

 Compliance, Enforcement and Penalties

The Bureau of Emergency Medical Services shall inspect the premises in response to a complaint which specifies the name, address and telephone number of the alleged violator 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 high school 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, inclusive of the issuance of assessing monetary penalties per violation basis, is hereby authorized.

1. Voluntary Compliance
   The Bureau of Emergency Medical Services or its designee shall issue to the high schools a written administrative warning without monetary penalty upon determining that an initial violation of either of the requirements in this subparagraph exists. The written notification of the violation shall state that the elementary, middle or high school will be provided with a 30-day grace period from the date of the violation determination to voluntarily comply.
2. Mandatory Compliance Penalties
   1. At least $100 but less than $150 per violation upon determination that one or more violations continues to exist after the 30-day voluntary compliance grace period has expired;
   2. At least $150 but less than $200 per violation up determination that one or more violations continues to exist for the third or subsequent times; and
   3. Upon determination that a fourth violation exists, the Bureau of Emergency Medical Services 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.

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