One of the most common questions I hear: "Do I legally have to have an AED?"

The answer is complicated—because it depends on your state, your industry, and your facility type. But here's what I tell everyone:

Just because something isn't legally required doesn't mean it isn't legally smart.

Let me break down the AED compliance landscape so you understand your risks and obligations.

Federal AED Laws: The Baseline

At the federal level, there are NO laws requiring private businesses, schools, or organizations to purchase AEDs. However, there are federal protections and incentives:

1. Cardiac Arrest Survival Act (2000)

Provides Good Samaritan legal protections for anyone who uses an AED in an emergency. You can't be sued for trying to save someone's life with an AED (as long as you're not grossly negligent).

2. OSHA Recommendations (Not Requirements)

OSHA recommends that employers with more than 50 employees assess the need for AEDs based on:

• Distance to emergency medical services
• Presence of employees with known cardiac risk factors
• Physical exertion or stress levels

While not mandatory, OSHA can cite employers for "failure to provide a safe workplace" if an employee dies from cardiac arrest and no AED was available.

State-by-State AED Requirements

This is where it gets tricky. Every state has different laws. Some require AEDs in specific facilities. Others just incentivize them.

States with the Strictest AED Requirements

1. California

• Required in: Health clubs, gyms, dental offices (with general anesthesia), public schools
• Training: Staff must be trained in CPR/AED use
• Registration: AED locations must be registered with local EMS

2. New York

• Required in: Gyms, health clubs, public golf courses, shopping malls, airports
• Training: At least one staff member trained during all operating hours
• Signage: AED locations must be clearly marked

3. Illinois

• Required in: Health clubs, schools, state buildings, airports
• Training: Staff trained in CPR/AED
• EMS Notification: Must notify local EMS of AED location

4. Rhode Island

• Required in: Schools, gyms, health clubs, public golf courses
• Oversight: AEDs must be under physician oversight

5. Michigan

• Required in: All public schools (K-12)
• Training: School personnel trained

States with Moderate Requirements (Specific Facilities)

These states require AEDs in certain types of facilities:

• Louisiana: Health clubs
• Arkansas: Health clubs and athletic facilities
• Indiana: Schools receiving grants for AEDs
• Oregon: Schools and health clubs
• Massachusetts: Health clubs
• New Jersey: Health clubs and schools
• Pennsylvania: Health clubs

States with No Specific Requirements (But Still Risky Not to Have One)

Most states do NOT mandate AEDs for private businesses. But that doesn't mean you're off the hook. Liability lawsuits don't require a law to exist—just negligence.

Industry-Specific Compliance Requirements

Fitness Centers & Gyms

High-Risk, High-Regulation

Most states with AED laws target fitness facilities because of elevated cardiac arrest risk during physical exertion. Requirements typically include:

• AED on-site during all operating hours
• Staff trained in CPR/AED
• AED inspected monthly
• Emergency action plan in place

Schools & Universities

Growing Mandates

More states are requiring schools to have AEDs, especially after high-profile student athlete deaths. Common requirements:

• AEDs in gyms, athletic facilities, and main offices
• Coaches and athletic trainers trained
• Emergency action plans for athletic events

Healthcare Facilities

Assumed Necessity

Hospitals, clinics, and medical offices aren't typically "required" to have AEDs by law—because it's assumed they already do. Medical malpractice risk is astronomical if you don't.

Government Buildings

Varies by State

Many states require AEDs in state-owned facilities (courthouses, DMVs, public libraries). Federal buildings typically have AEDs as well.

AED Compliance Checklist (Even If Not Legally Required)

If you decide to purchase an AED—whether legally required or not—here's what you should do for full compliance and liability protection:

1. Purchase a Quality AED

Buy from a reputable supplier (like us). Ensure it's FDA-approved and includes:

• Adult electrode pads
• Pediatric capability (if you serve children)
• Carrying case or wall cabinet
• Rescue accessories (CPR mask, gloves, razor)

2. Register Your AED with Local EMS

Many states require (or strongly recommend) that you notify your local EMS agency of your AED location. This helps 911 dispatchers direct callers to the nearest AED.

3. Train Your Staff

This is the most important step. An AED is useless if no one knows how to use it. Minimum recommendations:

• At least 2-3 staff members trained in CPR/AED
• Training taught by certified instructors
• Recertification every 2 years

4. Create an Emergency Action Plan

Document your cardiac emergency response protocol:

• Who retrieves the AED?
• Who calls 911?
• Who starts CPR?
• Who directs EMS to the scene?

5. Inspect Your AED Monthly

A dead AED is worse than no AED. Monthly checks should include:

• Green "ready" indicator light is on
• Pads are not expired
• Battery is charged
• AED is accessible and visible

Don't want to track this yourself? Our AED Maintenance Program handles all inspections, expiration tracking, and compliance documentation for you.

6. Mark Your AED Location with Signage

International AED signage (green + white heart with lightning bolt) should be posted:

• Above or next to the AED
• At building entrances
• In hallways directing to AED location

7. Document Everything

Keep records of:

• AED purchase receipts
• Staff training certificates
• Monthly inspection logs
• Pad/battery replacement dates
• Any use of the AED (even if not deployed)

Why? If you're ever sued, documentation proves you acted responsibly and maintained the AED properly.

The "We Don't Legally Have To" Argument

I hear this a lot: "Our state doesn't require AEDs, so we're not going to buy one."

Let me be blunt about why that's a terrible decision:

1. Lawsuits Don't Require Laws

Wrongful death lawsuits are based on negligence, not statute. If someone dies from cardiac arrest on your property and you didn't have an AED, a jury might decide you were negligent—even if no law required it.

Precedent: Fitness centers have been sued successfully for failing to have AEDs even in states without AED requirements.

2. OSHA Can Still Cite You

OSHA's General Duty Clause requires employers to provide "a workplace free from recognized hazards." Cardiac arrest is a recognized hazard. No AED? That's a citation risk.

3. Insurance Rates Will Skyrocket

After a cardiac arrest death, your liability insurance premiums will increase dramatically—if your insurer doesn't drop you entirely.

4. Your Reputation Will Be Destroyed

"Local Gym Refuses to Buy $1,500 AED, Man Dies" is not the headline you want.

5. You'll Have to Live with It

Forget the legal and financial consequences. Could you live with yourself knowing someone died because you didn't spend $1,500 on an AED?

How AED Empire Helps with Compliance

We don't just sell AEDs—we help organizations stay compliant and protected:

• Free Compliance Consultations: We'll tell you your state's requirements and industry best practices
• AED Maintenance Programs: Monthly inspections, expiration tracking, compliance documentation
• CPR/AED Training: On-site or public classes taught by Firefighter/Paramedics
• Emergency Action Plan Development: We'll help you create a written cardiac emergency protocol
• Nationwide Service: We support organizations in all 50 states

Don't Wait for a Law. Don't Wait for a Death.

AED compliance isn't just about following rules—it's about protecting lives and your organization.

📞 Call: (402) 968-3712
📧 Email: Dustin@TalackoSafetySolutions.com

Get compliant. Get protected. Get an AED.