A plain-language breakdown of Neb. Rev. Stat. 71-51,102 and 172 NAC 14, including what Nebraska requires, what it doesn’t, and what the healthcare professional exclusion means in practice.
Nebraska’s AED framework is one of the simpler in the country. There is no AED placement mandate for specific facility types, no required physician medical direction, no program registration, and no post-use reporting obligation. The core statute, Neb. Rev. Stat. 71-51,102, does two things: it provides civil liability immunity to non-healthcare rescuers who use an AED in good faith, and it requires anyone who acquires an AED to notify their local EMS agency of the device’s existence, location, and type.
The administrative regulations under 172 NAC 14 add two more requirements that the statute itself doesn’t explicitly state: users must be trained through an AHA, Red Cross, or equivalent nationally recognized CPR and AED course, and the device must be maintained and tested per manufacturer guidelines. Those requirements tie into the immunity structure, since the regulation’s liability section specifically references use of an AED “as prescribed in 172 NAC 14.”
One structural detail worth understanding: Nebraska’s immunity provision is explicitly limited to non-healthcare professionals. Health care professionals acting in their licensed capacity are not covered by 71-51,102. They receive their own separate immunity under Neb. Rev. Stat. 38-1232.
Not legal advice. This page summarizes publicly available statutes for informational purposes. Laws change and individual circumstances vary — consult a qualified attorney or the Nebraska Department of Health and Human Services before relying on this for compliance decisions.
Nebraska AED Requirements at a Glance
| Requirement | Status | Summary |
|---|---|---|
| Good Samaritan immunity | ✓ Yes | Civil immunity for any non-healthcare person who delivers AED care in good faith. Does not apply to willful, wanton, or grossly negligent conduct. |
| EMS notification at acquisition | ✓ Yes | Must notify local EMS of the device’s existence, location, and type, and report any change in location. |
| CPR/AED training | Reg. | AED users must be trained through an AHA, Red Cross, or equivalent nationally recognized CPR and AED course (required by 172 NAC 14, not the statute itself). |
| Device maintenance | Reg. | The AED must be maintained and tested per manufacturer’s operational guidelines (required by 172 NAC 14). |
| Physician medical direction | ✕ No | Not required under Nebraska law. |
| Program registration | ✕ No | Not required under Nebraska law. |
| Post-use reporting | ✕ No | Not required under Nebraska law. |
| Specific placement mandate | ✕ No | Nebraska does not require AEDs in specific facility types. |
🟢 Green rows = statutory requirement | 🔵 “Reg.” rows = regulatory requirement under 172 NAC 14 | ⚪ Gray rows = not required
Nebraska AED Statutes & Regulations
71-51,102
Automated external defibrillator — use, conditions, liability
Core AED statute: Good Samaritan immunity, EMS notification, healthcare professional exclusion
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This is Nebraska’s core AED statute. It defines an AED as an FDA-eligible device capable of recognizing ventricular fibrillation or rapid ventricular tachycardia without operator intervention and automatically charging to deliver a corrective electrical impulse.
Subsection 2 provides civil immunity to any person, except a health care professional acting in that capacity or in a health care facility, who delivers emergency AED care in good faith. Immunity does not cover willful, wanton, or grossly negligent conduct.
Subsection 3 requires any person who acquires an AED to notify the local EMS agency of the device’s existence, location, and type, and to report any subsequent change in location.
172 NAC 14
Use of automated external defibrillators — administrative regulations
Adds training and maintenance requirements; links immunity to regulatory compliance
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These regulations, adopted by the Nebraska Department of Health and Human Services, apply to all persons and entities that acquire and use AEDs under Neb. Rev. Stat. 71-51,102.
Section 14-003 mirrors the statute’s EMS notification requirement and adds the vehicle/movable object provision: when an AED is in a vehicle or other movable object, only the primary site where the vehicle is kept needs to be reported to EMS.
Section 14-004 restates the liability protection but specifically conditions it on use of the AED “as prescribed in 172 NAC 14,” linking immunity to compliance with the regulation’s training and maintenance requirements.
These two requirements — training and maintenance — are not explicitly stated in the statute itself but are conditions of the immunity protection under the regulation.
38-1232
Healthcare professional immunity — separate statute
Governs licensed practitioners responding at a scene in their professional capacity
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Nebraska’s immunity statute under 71-51,102 is one of the few in the country that explicitly carves health care professionals out of its protection. If a licensed nurse, EMT, or physician uses an AED in their professional capacity, they cannot rely on 71-51,102 for civil immunity.
Program risk
What Nebraska’s light framework means at scale
Why minimal state requirements don’t mean minimal program obligations
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Nebraska’s light regulatory structure means many organizations put little formal structure around their AED programs. This works fine at the single-device level. It becomes a liability exposure at scale.
The statute requires EMS notification at acquisition and whenever the device moves. Organizations with multiple devices frequently miss change-of-location notifications when AEDs are relocated during office moves, renovations, or equipment upgrades. A device whose location EMS doesn’t know about is a device that cannot be dispatched to a 911 call — which partially defeats the purpose of the notification requirement.
Frequently Asked Questions
Does Nebraska require physician oversight for AED programs?+
No. Nebraska has no statutory or regulatory requirement for physician medical direction as part of an AED program. The regulations under 172 NAC 14 require training and maintenance but not physician oversight.
Who is protected by Nebraska’s AED Good Samaritan law?+
Neb. Rev. Stat. 71-51,102 protects any person who is not a health care professional acting in their licensed capacity. Bystanders, employees, coaches, and building managers who use an AED in good faith are covered. Health care professionals acting in their professional capacity are not covered by this statute and must rely on Neb. Rev. Stat. 38-1232 instead.
Does EMS notification apply to AEDs in private residences?+
No. Private residences are explicitly exempt from the notification requirement under 71-51,102(3). Health care facilities and health care practitioner facilities are also exempt.
What if my AED is in a company vehicle?+
If an AED is kept in a vehicle or other movable object, only the primary location where that vehicle is based needs to be reported to EMS. You don’t need to update the report every time the vehicle moves.
Does Nebraska require AED training?+
Yes, under the administrative regulations at 172 NAC 14. AED users must complete a CPR and AED training course from AHA, Red Cross, or an equivalent nationally recognized program. This requirement is in the regulation, not the statute, but it ties directly to the immunity protection — use of the AED must be “as prescribed in 172 NAC 14” to retain that protection.
Does Nebraska mandate AEDs in specific buildings or facilities?+
No. Nebraska has no statutory mandate requiring AEDs in gyms, schools, offices, or any other specific facility type.
If training and maintenance are only in the regulation, not the statute, do they still matter?+
Yes. The regulation’s liability section (Section 14-004) specifically conditions immunity on use of the AED “as prescribed in 172 NAC 14.” That means training and maintenance compliance are not optional add-ons — they are conditions of the immunity protection the statute otherwise provides. Failing either one can affect whether a rescuer or organization retains that protection.
Track your Nebraska AED program with confidence
Nebraska’s EMS notification requirement applies whenever a device moves. AED Log tracks every device location, every pad and battery expiration, and training status — so location changes don’t fall through the cracks.
Statutes cited from the Nebraska Legislature and Justia US Law.
This page is for informational purposes only and is not legal advice. For guidance specific to your situation, consult a qualified attorney or the Nebraska Department of Health and Human Services.