A plain-language breakdown of MCA 50-6-502, the October 2025 simplification of Montana’s AED law, and the related school athletics requirements under MCA 20-7-1339.
Montana significantly simplified its AED law effective October 1, 2025, under Chapter 66, Laws of 2025. The old framework required a written program plan, mandatory physician medical direction, and a department-run rulemaking and reporting system. That structure is gone. The department’s rulemaking authority under the old 50-6-503 was repealed outright, which means the administrative rules built on top of it (training certification requirements, medical protocol standards, electronic incident reporting, the entity manager registration system) no longer carry legal force.
What remains under MCA 50-6-502 is a three-part requirement: notify the local 911 dispatch center (public safety answering point) of the AED’s location and program contact information, maintain and test the device per manufacturer guidelines with written records, and summon EMS via 911 every time the AED is used, regardless of whether a shock was delivered. Civil liability immunity under MCA 50-6-505 still protects rescuers, trainers, and program-responsible entities, conditioned on compliance with what remains of the statute.
Separately, Montana enacted HB 869 in 2025, codified at MCA 20-7-1339, which requires schools with athletic programs to build a formal cardiac emergency response plan, with AED accessibility and coach certification requirements beginning the 2026-2027 school year. A general school AED placement rule under ARM 37.111.812 continues to apply independently of the 50-6 changes.
Not legal advice. This page summarizes publicly available statutes for informational purposes. Laws change and individual circumstances vary — consult a qualified attorney or your state health department before relying on this for compliance decisions.
- Written AED program plan
- Mandatory physician medical direction
- Department-approved training certification
- State-defined medical protocol standards
- Electronic incident reporting to the state
- Entity manager registration system
- Notify local 911 dispatch of AED location and program contact
- Maintain and test the device per manufacturer guidelines
- Keep written maintenance and testing records
- Summon EMS via 911 every time the AED is used
Montana AED Requirements at a Glance
| Requirement | Summary |
|---|---|
| Good Samaritan Law | Civil immunity for the AED user and any person performing CPR, conditioned on compliance with the statute. Does not apply to gross negligence or willful or wanton conduct. |
| 911 Dispatch Notification | The AED owner must complete a notification form and provide it to the local 911 dispatch center, identifying the device location and program contact. |
| Device Maintenance | The AED must be maintained, tested, and operated per manufacturer guidelines, with written maintenance and testing records kept. |
| Post-Use EMS Activation | EMS must be summoned via 911 every time the AED is used on a patient, regardless of whether a shock was delivered. |
| Medical Direction Removed | No longer a statutory requirement under the current 50-6-502. Voluntary medical oversight still carries liability protection under 50-6-505 if an entity chooses to designate it. |
| Schools (general) | First aid kits and AEDs must be stored in accessible, clearly identifiable locations for staff and trained personnel. |
| Schools (athletics) Eff. 2026-27 | Beginning the 2026-2027 school year, schools with athletic programs must have a cardiac emergency response plan, accessible AEDs at athletic venues and events, and certified coaches. |
| AED Purchase Funding | School districts may use building reserve and safety transfer funds for AED purchases, and may apply for a state reimbursement grant of up to $700 per AED through the Office of Public Instruction. |
Montana AED Statutes & Regulations
MCA 50-6-501
Definitions
What legally counts as an AED under Montana law
▾
Defines an AED as an FDA-approved medical device capable of recognizing ventricular fibrillation or rapid ventricular tachycardia, determining without operator intervention whether defibrillation is needed, and delivering an electrical impulse upon appropriate operator action.
MCA 50-6-502
Requirements for AED use Amended Oct 2025
The current three-part core requirement, replacing the old written-plan framework
▾
As amended, an entity that wants to use or allow the use of an AED must do three things: provide written notice of the AED’s location to the public safety answering point (local 911 dispatch) for that jurisdiction; maintain, test, and operate the device per manufacturer guidelines while keeping written maintenance and testing records; and summon EMS via 911 every time the device is used on a patient in cardiac arrest.
MCA 50-6-503
Rulemaking authority Repealed Oct 2025
No longer carries legal force — downstream admin rules invalidated
▾
This section, which gave the Department of Public Health and Human Services authority to write detailed AED program rules, was repealed in full. The administrative rules that previously existed under this authority, covering training program approval, written plan content, medical protocol standards, and incident reporting, no longer have a statutory basis.
MCA 50-6-504
Enforcement Amended
Court enforcement, with the old rulemaking-tied process removed
▾
If a violation of this part occurs, the county attorney for the county where the violation occurred, or the Department of Public Health and Human Services, may bring an action in district court to enforce compliance or directly enjoin the violation. The prior cessation-order and hearing process tied to department rulemaking was removed along with the repeal of 50-6-503.
MCA 50-6-505
Liability limitations
Good Samaritan immunity for users, trainers, and program-responsible entities
▾
An individual using an AED, or performing CPR on someone an AED is or may be used on, is immune from civil liability for resulting personal injury, unless that person acted with gross negligence or willful or wanton disregard.
MCA 50-6-506
Exemptions
Where this part does not apply
▾
This part does not apply to AED use by a patient or their caretaker under a physician’s order, or by a licensed health care professional, including an EMT, whose scope of practice already includes AED use.
MCA 20-7-1339
Cardiac arrest response for youth athletes Eff. 2026-27
HB 869 — school cardiac emergency response plan, AED access, coach certification
▾
Enacted via HB 869 in 2025, this statute requires every school district and nonpublic school with an athletic department or organized program to develop a cardiac emergency response plan, either standalone or embedded in the school’s existing safety or emergency operations plan, beginning the 2026-2027 school year.
Coaches must obtain CPR, first aid, and AED certification before each season and hold an informational meeting for students and parents on sudden cardiac arrest warning signs. A student showing possible cardiac arrest symptoms may be removed from participation and cannot return without written medical clearance.
ARM 37.111.812
School safety requirements
General AED placement rule, independent of the 50-6 changes
▾
First aid kits and AEDs must be provided and stored in locations that are accessible and easily identifiable to staff and trained personnel. This rule sits outside the repealed 50-6-503 rulemaking authority and remains independently in effect.
Frequently Asked Questions
Does Montana still require a written AED program plan?+
No. The written plan requirement was removed when MCA 50-6-502 was amended effective October 1, 2025. Current law requires only 911 dispatch notification, manufacturer-compliant maintenance with records, and EMS activation after use.
Does Montana require physician medical direction for AED programs?+
Not as a mandatory condition under the current statute. The prior version required medical oversight as part of a formal written plan. The amended law removed that requirement, though designating medical oversight still carries liability protection under MCA 50-6-505 for entities that choose to maintain it.
What happened to Montana’s AED administrative rules?+
They lost their statutory basis. MCA 50-6-503, which authorized the Department of Public Health and Human Services to write AED program rules, was repealed effective October 1, 2025. Rules adopted under that authority, including training program approval lists, written plan content requirements, and incident reporting, are no longer enforceable as written.
Do Montana schools need AEDs for athletics?+
Yes, starting the 2026-2027 school year. MCA 20-7-1339 requires schools with athletic programs to have a cardiac emergency response plan, accessible AEDs at all athletic venues and events, and certified coaches. This is separate from the general school AED placement rule under ARM 37.111.812.
Is there funding available for Montana schools to buy AEDs?+
Yes. School districts can use building reserve and school safety transfer funds for AED purchases, and may apply for a state reimbursement grant covering up to $700 per AED, administered by the Office of Public Instruction under the funding mechanism created by HB 869.
Who is protected by Montana’s AED Good Samaritan law?+
MCA 50-6-505 protects the AED user, anyone performing CPR, the entity responsible for the AED program, anyone providing medical oversight, and AED trainers. Immunity does not apply to gross negligence or willful or wanton conduct.
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Statutes cited from the Montana Code Annotated and the Montana Department of Public Health and Human Services.
This page is for informational purposes only and is not legal advice. For guidance specific to your situation, consult a qualified attorney or your state health department.