MontanaSB 8669th Legislature, Regular Session (2025)Senate

Generally revise automatic external defibrillator (AED) program laws

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

Legal protection for AED helpers

If you give emergency care with an AED or give CPR and you follow the AED law and Department rules, you are immune from civil lawsuits for injuries from that care. This protection does not cover gross negligence or willful or wanton misconduct. People who provide medical oversight for an AED plan, organizations that run AED programs, and AED trainers also have this immunity when they meet the law and rules.

Rules for places that host AEDs

Any organization that uses or allows an AED must run an AED program with a written plan. The plan must list where the AED is, who can use it, EMS coordination, medical oversight, maintenance, records, and reporting. Before anyone uses the AED, give local EMS and the 911 center your plan and a written notice that names the AED’s location and how you work with EMS. Authorized operators must have Department‑approved CPR and AED training. Keep and test the AED as the maker says and keep written maintenance and testing records. Each time an AED is used on someone in cardiac arrest, call EMS right away and report the use to the Department as your plan requires.

AED definitions updated and rulemaking change

The law clarifies key terms, including what counts as an AED and who the Department, an entity, a physician, and a 911 center are. The law also repeals the prior AED‑specific rulemaking section in statute. Other rulemaking powers under different laws may still apply.

Faster enforcement for AED violations

The Department can order an organization to stop AED use that breaks AED law or rules. The order takes effect when you receive it and can be lifted when you fix the problem. You can request a hearing within 30 days, but the order stays in effect; the hearing happens within 30 days unless delayed for good cause. A county attorney or the Department can also go to district court to enforce an order or to stop violations.

Sponsors & Cosponsors

Sponsor

Greg Hertz
Republican • Senate

Cosponsors

Curtis Schomer
Republican • House

Roll Call Votes

All Roll Calls

Yes: 294 • No: 1

Senate vote • 3/19/2025

Do Concur

Yes: 98 • No: 0

Senate vote • 3/18/2025

Do Concur

Yes: 98 • No: 0

Senate vote • 1/30/2025

Do Pass

Yes: 48 • No: 1

Senate vote • 1/29/2025