New Jersey’s defibrillator law requires automated external defibrillators in schools, health clubs, state buildings, and dental offices, shields good-faith users from civil liability when they follow the rules, and sets escalating fines for health clubs that don’t comply. The statute also imposes four pre-purchase obligations on anyone who acquires an AED, and failing any one of them can cost an organization its liability shield.
Who Must Have an AED in New Jersey
The placement mandates sit in different statutes, and the details vary by setting.
Schools
Under Janet’s Law, every public and nonpublic school serving any grade from kindergarten through 12 must have at least one AED in an unlocked, clearly marked location on school property. The device must be accessible throughout the school day and whenever a school-sponsored athletic event or team practice takes place, and it must sit within reasonable proximity of the athletic field or gymnasium.1State of New Jersey. New Jersey Statutes C.18A:40-41a – Janet’s Law Schools must also have trained personnel available during school hours and at athletic events.
The statute applies to school districts and nonpublic school governing boards. It does not extend to municipal or county recreation departments running youth athletic programs; a bill addressing that gap has been introduced in the Legislature but has not been enacted.
Health Clubs
Any health club registered with the Division of Consumer Affairs must acquire at least one AED and store it in an accessible location known to employees.2Justia. New Jersey Code 2A:62A-31 – Requirements of Health Clubs Relative to Defibrillators There is no membership threshold. The definition covers gyms, spas, exercise studios, and reducing salons that devote 40 percent or more of their square footage to physical fitness services.3FindLaw. New Jersey Code 56:8-39 – Trade Names, Trade-Marks and Unfair Trade Practices At least one certified employee must be on site during normal business hours at all times.
State Buildings
Any building, or portion of a building, owned, leased, or operated by a state agency must have an AED.4Justia. New Jersey Code 2A:62A-28 – Definitions Relative to Placement of Automated External Defibrillators in State Buildings Courthouses, motor vehicle offices, and other state-operated facilities fall under this rule.
Dental Offices
Every dental office, facility, clinic, or institution with patient contact must have an AED as part of its emergency protocol, regardless of whether sedation is administered.5Cornell Law Institute. N.J. Admin. Code 13:30-8.26 – Emergency Protocol
Other Settings
Airports, casinos, nursing homes, and assisted living facilities are also subject to AED placement requirements under various New Jersey statutes and regulations. Local ordinances may add further requirements for large public gathering spaces such as stadiums and arenas.
What the Law Requires Before You Buy a Device
Buying an AED is not just a purchasing decision. Four obligations must be in place before the device arrives, all drawn from the same statute:6Justia. New Jersey Code 2A:62A-25 – Responsibilities of Person, Entity Acquiring Automated External Defibrillator
- Provide the prescribing licensed physician with documentation showing you have a compliance protocol covering training, maintenance, and EMS notification.
- Ensure anyone expected to use the device in the course of employment or volunteer service holds current CPR and AED certification from the American Red Cross, American Heart Association, or another program recognized by the Department of Health.
- Maintain and test the AED according to the manufacturer’s operational guidelines.
- Notify the appropriate local first aid squad, ambulance service, or EMS provider that you have acquired the device, specifying the type and its location.
Compliance with all four is a prerequisite for the civil immunity discussed below. Skip any one of them and the shield may not hold.
Training and Recertification
Certification must be current, which in practice means a two-year cycle. CPR and AED certifications from the American Red Cross last two years from the date of completion, and renewal courses are available for people whose credentials are still valid but approaching expiration.7American Red Cross. CPR Renewal and Recertification A lapsed certification puts the organization out of compliance even if the person was certified yesterday on the calendar.
Fully online CPR and AED courses provide awareness-level knowledge but do not satisfy certification. Earning the credential requires a hands-on skills demonstration in front of a certified instructor.
Maintenance Done Right
The statute says simply that the AED must be maintained and tested according to the manufacturer’s operational guidelines. That single sentence translates into a working checklist:
- Visual inspections at least monthly to confirm the ready indicator and check for damage.
- Replacement of electrode pads and batteries before expiration. Shelf lives generally run two to five years depending on the model.
- Storage within the manufacturer’s recommended temperature range. A device left in an unheated outdoor cabinet through a New Jersey winter may fail when needed.
- Written maintenance logs recording every inspection, battery swap, and pad replacement.
Expired pads make a device no better than no device. If a liability dispute arises, the maintenance log is often what separates a defensible program from a negligent one.
What To Do After the AED Is Used
Anyone who uses a defibrillator must call for emergency medical assistance as soon as practicable. The statute sets no specific time window, but the expectation is that 911 or the local first aid squad is contacted during or immediately after deployment. A lay person who fails to call for help in good faith still retains civil immunity for any injury resulting from that failure.8Justia. New Jersey Code 2A:62A-26 – Requirements for User of Defibrillator
Replace the used electrode pads immediately, inspect the device before returning it to service, and document the incident in your maintenance log.
Civil Immunity and Its Limits
New Jersey grants broad civil immunity to anyone who acquires, provides, or uses an AED in good faith during an emergency, as long as the statute’s requirements have been met. The protection reaches the person operating the device, the entity that bought and placed it, the physician who prescribed it, and the organization that provided the training.9Justia. New Jersey Code 2A:62A-27 – Immunity From Civil Liability for User of Defibrillator
Lay bystanders get a separate layer of protection. An entity that provides or maintains an AED cannot be held liable for any act or omission by a lay person who uses the device in an emergency. The Legislature wanted untrained bystanders to reach for an AED without worrying about getting sued.
The immunity has one hard limit: it does not cover gross negligence or willful and wanton misconduct. The statute also makes clear that simply failing to use a defibrillator, where no preexisting duty required its use, is not gross negligence. A passerby who sees an AED on the wall and chooses not to use it cannot be sued for that decision. An organization that was legally required to have a working AED and let it fail is in a different position.
Penalties for Noncompliance
Health clubs that violate the AED requirements face escalating civil penalties: at least $250 for a first violation, at least $500 for a second, and at least $1,000 for a third or subsequent violation. The fines are collected through summary proceedings in the municipal court with jurisdiction and can be enforced by local health code officials or law enforcement officers. Recovered fines go to the municipality where the violation occurred.10FindLaw. New Jersey Code 2A:62A-32 – Penalties for Health Club Violations
No New Jersey statute imposes criminal liability for failing to provide an AED. The exposure is civil: the health club fine schedule above, and ordinary tort liability for any organization whose failure to provide or maintain a required AED contributes to a death or injury. An organization that ignored both the placement mandate and the maintenance rules would have a hard time invoking the very immunity the statute reserves for those who followed them.