La. Admin. Code tit. 48 § I-6105

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-6105 - Requirements and Reports

A. General Plan and Usage Review

1. All entities that are required by La. R.S. 40:1137.3 or this Chapter to possess an AED must have a written CPR/AED guideline or plan for use during a sudden cardiac arrest (SCA).

B. Additional Requirements for a Physical Fitness Facility or Physical Fitness Center

1. After every event in which an AED is used, it is the responsibility of the physical fitness facility or physical fitness center to immediately replenish the AED supplies that were used and prepare the device to be ready for the next event.

2. The owner of or the entity responsible for either a physical fitness facility or a physical fitness center, must keep an AED on its premises, and must conduct routine testing and maintenance as prescribed by the manufacturer.

C. Additional Requirements for Postsecondary Education Institutions, Effective upon the Beginning of the 2024-2025 School Year

1. A Cardiac Emergency Response plan must be written and identify the members of the Cardiac Emergency Response Team. At a minimum, the plan must include:

a. establishing a cardiac emergency response team;

b. activating the team in response to a sudden cardiac arrest;

c. implementing AED placement and routine maintenance within the institution;

d. maintaining ongoing staff training in CPR and AED use;

e. practicing using drills;

f. integrating local EMS with the plan; and

g. annually reviewing and evaluating the plan.

2. After every event in which an AED is used, it is the responsibility of the postsecondary education institution to immediately replenish the AED supplies that were used and prepare the device to be ready for the next event.

3. Each postsecondary education institution shall register the institution in the Bureau of EMS Information Management System.

a. This registration shall include, but is not limited to, the following information, and is subject to the following requirements:

i. name and title of the individual(s) responsible for the maintenance and testing of the AED(s);

ii. name and title of the individual(s) trained to utilize the AED(s);

iii. location of all AED(s);

iv. serial number/identification number of all AED(s);

v. schedules and timeframes for required maintenance;

vi. name of agency issuing training credential, name of individuals completing the credentialing training, date of recommended renewal of training;

vii. name of the individual providing medical oversight;

viii. initial 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;

ix. each postsecondary education institution shall have an AED on its premises in an easily accessible location, which location shall be within the athletic department if it has such a department; and

x. any postsecondary education institution that sponsors or hosts an intercollegiate athletic event shall have an AED and a trained AED user who is also trained in first-aid CPR at the event.

D. Additional Requirements for postsecondary education institutions effective until the beginning of the 2024-2025 school year.

1. Any institution of higher education that competes in intercollegiate athletics must have an AED on its premises in its athletic department, with posters approved by AHA/ARC on how to safely perform CPR and use the AED. The AED must be placed in open view within 2 feet of a telephone to readily enable a call to 911 from within the athletic department. It must also be placed in an area with easy access to coaches and athletic personnel where athletes are training and/or competing.

E. Additional Requirements for elementary, middle, and high schools, effective upon the beginning of the 2024-2025 school year.

1. A Cardiac Emergency Response plan must be written and identify the members of the Cardiac Emergency Response Team. At a minimum, the plan must include:

a. establishing a cardiac emergency response team;

b. activating the team in response to a sudden cardiac arrest;

c. implementing AED placement and routine maintenance within the institution;

d. maintaining ongoing staff training in CPR and AED use;

e. practicing using drills;

f. integrating local EMS with the plan; and

g. annually reviewing and evaluating the plan.

2. After every event in which an 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 the next event.

3. Each elementary, middle, and high school shall register the education facility in the Bureau of EMS Information Management System

a. This registration shall include, but is not limited to, the following information, and is subject to the following and requirements:

i. name and title of the individual(s) responsible for the maintenance and testing of the AED(s);

ii. name and title of the individual(s) who have completed the training to utilize the AED(s);

iii. location of all AED(s);

iv. serial number/identification number of all AED(s);

v. schedules and timeframes for required maintenance;

vi. name of agency issuing training credentials, name of individuals completing the credentialing training, date of recommended renewal of training;

vii. initial 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;

viii. each elementary, middle, and high school shall have an AED on its premises in an easily accessible location; and

ix. any elementary, middle, or high school that sponsors or hosts an interscholastic athletic event shall have an AED and a trained AED user who is also trained in first-aid CPR at the event.

F. Additional Requirements for Elementary, Middle, and High Schools, Effective until the Beginning of the 2024-2025 School Year

1. Each high school must have an AED on its premises, if funding is available, subject to appropriation.

G. Compliance and Enforcement

1. The BEMS shall inspect the premises in response to a complaint filed therewith that alleges a violation of R.S. 40:1137.3(D), R.S. 1137.3(E)(1)(a), or R.S. 40:1137.3(E)(2)(a) and specifies the name, address, and telephone number of the alleged violator. The BEMS may inspect facilities or premises at other times to ensure compliance therewith.

2. Violations of R.S. 40:1137.3(D), R.S. 40:1137.3 (E)(1)(a), or R.S. 40:1137.3(E)(2)(a), may result in the assessment by BEMS of monetary penalties, on a per violation basis, as follows.

a. Voluntary Compliance Effort

i. The BEMS or its designee shall issue a written administrative warning without monetary penalty upon determining that an initial violation exists. The written notification of violation shall grant a 30-day grace period from the date the warning is received by the recipient.

b. Monetary penalties:

i. BEMS may impose monetary penalties in the amount of $150 per violation per month upon determination that one or more violations continue to exist after the 30-day grace period has expired. A violation that exists for any portion of a month shall constitute an entire month;

ii. BEMS may impose monetary penalties in the amount of $200 per violation per month upon determination that one or more violations continue to exist for more than six months following the expiration of the 30-day grace period. A violation that exists for any portion of a month shall constitute an entire month;

iii. if it determines that a violation has continued for more than six months following the expiration of the 30-day grace period, the BEMS or its designee may report said violation to the Louisiana attorney general's office or other governing authorities requesting issuance of further warning and/or the institution of judicial enforcement procedures; and

iv. the monetary civil penalties authorized by this Section shall be imposed by issuance to an alleged violator ("respondent") of a written notice of penalty imposition. Said notice shall include language advising the Respondent of the right to an administrative hearing concerning same, which right shall expire unless the respondent files, in the manner specified therein, a written request for an administrative hearing with BEMS within 20 calendar days of receipt of the notice. If such a written request is timely filed, then it shall be forwarded by BEMS to the Louisiana Division of Administrative Law.

La. Admin. Code tit. 48, § I-6105

Promulgated by the Department of Health and Hospitals, Office of Public Health, Bureau of Emergency Medical Services, LR 38:2930 (November 2012), Amended by the Department of Health, Office of Public Health, Bureau of Emergency Medical Services, LR 47743 (6/1/2021), Amended LR 50689 (5/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1137.3(F).