A plain-language breakdown of Wis. Stat. 895.48(4) (civil immunity), Wis. Stat. 100.178 (fitness center staffing), Wis. Stat. 118.076 (student CPR/AED instruction), and pending AB 362 (school CERPs).
Wisconsin’s AED legal framework is narrower than most states. There are no general AED placement mandates for public buildings, businesses, or schools. What Wisconsin law does instead is condition civil liability immunity on maintenance, define specific staffing obligations for fitness centers, and require CPR and AED instruction for high school students. The effect is that anyone providing an AED for use has strong incentive to keep it properly maintained, because that maintenance is what unlocks the provider’s immunity.
Three statutes do the work. Wis. Stat. 895.48(4) provides civil immunity for AED use in emergencies, with protection for the rescuer, the device owner, and the trainer. Provider immunity is conditional: the entity that makes an AED available for others to use is only covered if it has maintained and tested the device in accordance with the manufacturer’s operational guidelines. Wis. Stat. 100.178 requires for-profit fitness centers to have employees trained in first aid, CPR, and AED use. Wis. Stat. 118.076 requires public and private high schools to offer CPR and AED instruction beginning with the 2011-12 school year.
Wisconsin has no current requirement for AED placement in schools, no physician oversight requirement, and no EMS notification requirement for general AED owners. Pending legislation, AB 362, passed the Wisconsin Assembly unanimously in January 2026 and would require Cardiac Emergency Response Plans in schools beginning the 2026-27 school year, but it had not been enacted into law as of the date of this page.
Not legal advice. This page summarizes publicly available statutes for informational purposes. Laws change and individual circumstances vary — consult a qualified attorney or the Wisconsin Department of Health Services before relying on this for compliance decisions.
AB 362 — pending legislation as of this page’s publication
AB 362 passed the Wisconsin Assembly unanimously on January 13, 2026 and would require school Cardiac Emergency Response Plans beginning the 2026-27 school year. As of the date of this page, the bill was awaiting Senate action and the governor’s signature. It had not been enacted into law. For current status, check the Wisconsin Legislature bill tracking page.
No AED placement mandate for fitness centers, schools, or any public setting. No physician oversight. No EMS notification for AED owners.
Provider immunity under § 895.48(4) is conditional on proper maintenance. A fitness center or employer that provides an AED loses liability protection if the device was not maintained per manufacturer guidelines.
Would require school CERPs beginning 2026-27. Would create grant funding for AED purchases. Would not require AED placement unless a school receives a grant. Not yet law.
Wisconsin AED Requirements at a Glance
| Requirement | Status | Summary |
|---|---|---|
| Rescuer immunity | Yes | Any person who renders AED care in good faith is immune from civil liability, except for gross negligence. |
| AED owner immunity | Yes, unconditional | The owner of the AED is immune from civil liability for acts or omissions in the rescuer’s use of the device. |
| AED provider immunity | Yes, conditional | The entity that makes an AED available for others’ use is immune only if the device has been maintained and tested per manufacturer operational guidelines. |
| Trainer immunity | Yes | Any person who provides AED training to the rescuer is immune from civil liability. |
| Fitness center staff training | Required | For-profit fitness centers must meet one of two options: qualified staff on premises at all times, or all employees trained within 90 days of hire. |
| Fitness center notice posting | Required | Fitness centers must post a notice stating the training requirements and the applicable penalty. |
| High school CPR/AED instruction | Required | Every high school board, charter school operator, and private school governing body must offer CPR and AED instruction with psychomotor skills, beginning the 2011-12 school year. |
| AED placement mandates | None | Wisconsin has no general AED placement requirement for fitness centers, schools, or any other setting. |
| Physician oversight | Not required | No physician involvement is required to acquire or operate an AED in Wisconsin. |
| EMS notification | Not required | Wisconsin has no general EMS or 911 notification requirement for AED owners. |
| CERP for schools | Pending | AB 362 passed the Assembly in January 2026 and would require school CERPs beginning 2026-27, but its enactment has not been confirmed. |
Wisconsin AED Statutes & Administrative Code
Wis. Stat. 895.48(4)
Civil liability exemption for AED emergency care
Four protected parties; provider immunity conditioned on maintenance; gross negligence excluded
▾
This subsection establishes immunity from civil liability for any of the following who render or support emergency AED care in good faith to an individual who appears to be in cardiac arrest: the person who renders the care, the owner of the AED, the person who provides the AED for use, and any person who trains the rescuer in AED use.
1. Gross negligence is not protected regardless of party.
2. Healthcare professionals compensated for care within their usual and customary scope at a hospital, accident scene, in transit to a hospital, or in a physician’s office.
3. EMTs and first responders specifically authorized for defibrillation under Wisconsin law, whose immunity is governed separately.
Wis. Stat. 100.178
Fitness center staff requirements
Two compliance options; for-profit definition only; notice posting required; violation is subject to penalty
▾
This statute applies to fitness centers as defined in Wis. Stat. 100.177(1)(c) and the administrative code at Wis. Admin. Code DHS 174. A fitness center must meet one of two compliance options:
Option B (hire-based): Ensure that every employee, within 90 days of being hired, satisfactorily completes a basic first aid and CPR course and achieves current AED proficiency from an approved provider.
The fitness center must also post a notice on its premises stating the training requirements and the penalty applicable under Wis. Stat. 100.177(15)(a). A violation does not preclude a person injured by a violation from pursuing other legal relief.
Wis. Admin. Code DHS 174
Fitness center definition and training standards
For-profit only; nonprofits and single-sport facilities excluded; instructor certification requirements
▾
Under DHS 174.03(8), a fitness center is an establishment that, for profit, provides as its primary purpose services or facilities intended to assist patrons in physical exercise, weight control, or figure development, including studios, salons, and health clubs.
1. The for-profit limitation is explicit: nonprofit fitness facilities, YMCAs, university recreation centers, and similar organizations are outside this definition and are not covered by the training mandate.
2. Organizations solely offering training or facilities in a single sport are excluded regardless of whether they incidentally have exercise equipment.
3. Establishments whose primary purpose is diet, weight loss, or weight control counseling without physical exercise services on premises are excluded.
The code also requires AED instruction providers to be approved under Wis. Stat. 46.03(38) and specifies that CPR instructors for fitness centers must hold current American Heart Association or American Red Cross CPR instructor certification.
Wis. Stat. 118.076
Lifesaving skills instruction in high schools
Instruction mandate only — no device placement required; applies to public, charter, and private high schools
▾
Beginning with the 2011-12 school year, every school board operating high school grades, the operator of every qualifying charter school, and the governing body of every private school operating high school grades must:
1. Offer instruction in cardiopulmonary resuscitation and cardiocerebral resuscitation, using an AHA or Red Cross program or nationally recognized evidence-based guidelines, incorporating the psychomotor skills necessary to perform CPR.
2. Provide instruction about automated external defibrillators to high school students. Certification is not required.
AB 362 (Pending)
School Cardiac Emergency Response Plans — pending legislation
Passed Assembly January 2026; Senate and governor’s signature pending as of this page’s publication
▾
If enacted, the law would create Wis. Stat. 118.07(6) requiring every school board and charter school operator beginning the 2026-27 school year to maintain a written CERP for cardiac emergencies on school property. Schools operating high school grades would also need a separate CERP for school-sponsored athletic practices and competitions, with AED placement clearly marked and accessible in unlocked locations at athletic venues.
Up to $8,000 per high school, $4,000 per grades 6-8 school, and $2,000 per elementary school through the Office of School Safety. Importantly, schools would not be required to place AEDs unless they receive these implementation grants.
Frequently Asked Questions
Does Wisconsin require AEDs in fitness centers?+
Not as an explicit device placement requirement. Wis. Stat. 100.178 requires for-profit fitness centers to have AED-trained staff, but the statutory text is structured as a staff training requirement, not a device possession mandate. Having AED-trained staff without a device on premises would make compliance meaningless in practice, but the law does not use the words “must have an AED on premises.”
What happens if a Wisconsin fitness center does not maintain its AED?+
The civil liability immunity of the entity that provided the AED for use is conditioned on proper maintenance under Wis. Stat. 895.48(4). If the device was not maintained per manufacturer guidelines, the provider loses immunity protection. The rescuer and the device owner retain their immunity regardless of the provider’s maintenance failures.
Do Wisconsin nonprofit gyms and YMCAs need AED-trained staff?+
No. The fitness center definition under Admin. Code DHS 174.03(8) is limited to for-profit establishments. Nonprofit fitness facilities and organizations with a fitness function incidental to their overall purpose are outside the statutory definition and are not covered by the training mandate.
Are Wisconsin schools required to have AEDs?+
No. The current law requires CPR and AED instruction for high school students but does not mandate AED placement on school premises. Pending legislation (AB 362) would require Cardiac Emergency Response Plans but, as drafted, would not require AED placement unless schools receive implementation grants.
Who is not protected by Wisconsin’s AED Good Samaritan law?+
Immunity under Wis. Stat. 895.48(4) does not cover gross negligence. It also does not cover healthcare professionals compensated for care within their usual and customary scope at a hospital, accident scene, in transit to a hospital, or in a physician’s office. EMTs and first responders specifically authorized for defibrillation under Wisconsin law are governed by separate immunity provisions.
Does Wisconsin require physician oversight or EMS notification for AED programs?+
No to both. Wisconsin has no physician oversight requirement and no EMS or 911 notification requirement for AED owners or acquirers. The only party in Wisconsin law with a program obligation tied to the AED is the for-profit fitness center regarding staff training.
Keep your Wisconsin AED program compliant
Wisconsin’s maintenance-conditional immunity structure means documented inspection records, battery and pad expiration tracking, and service records are the practical underpinning of legal protection for any entity that makes an AED available to others. AED Log handles all of it automatically.
Statutes cited from the Wisconsin Legislature and the Wisconsin Department of Health Services Administrative Code. This page reflects statutes through the 2023-24 session and notes pending 2025-26 legislation.
This page is for informational purposes only and is not legal advice. For guidance specific to your situation, consult a qualified attorney or the Wisconsin Department of Health Services.