Today we will talk about infractions, seriousness and economic fines, related to non-compliance with the rules of external defibrillators in the Community of Madrid. As you already know, a series of companies and establishments are obliged to install a defibrillator for external use according to the regulations (attach the link of the compulsory establishments).
Infractions and sanctions for breaching the Defibrillator Regulations in the Community of Madrid
Facilities or companies that have an external defibrillator must comply with a series of requirements according to current regulations on external defibrillators in the Community of Madrid. Below we summarize what is considered as infractions related to the installation of defibrillators and NO communication to the Ministry of Health, so you can review and ensure that you have everything in order in case of an inspection by the Community of Madrid.
Communication of installation and use of external defibrillators outside the sanitary field in Madrid
Communication to the Madrid Regional Ministry of Health is mandatory, both about the facility and each time the defibrillator is used in the resuscitation of victims, a communication that will be within a maximum period of 72 hours.
Infractions related to the installation of the external defibrillator
LACK THE DEFIBRILLATOR INSTALLATION (mandatory from 15 / 09 / 18).
LACK THE CE MARKING DEFIBRILLATOR.
LACK THE DEFIBRILLATOR OF THE UNIVERSAL SIGNAL RECOMMENDED BY THE ILCOR
DO NOT EXHIBIT THE INSTRUCTIONS FOR USE WITH THE DEFIBRILLATOR
Infractions related to the communication of the external defibrillator
DO NOT ACCREDIT COMMUNICATION TO THE HEALTH COUNSELING INSTALLATION DEFIBRILLATOR THROUGH RESPONSIBLE DECLARATION
DO NOT ACCREDIT COMMUNICATION TO THE HEALTH COUNSELING WITHDRAWAL OF THE DEFIBRILLATOR THROUGH RESPONSIBLE DECLARATION
DO NOT ACCREDIT COMMUNICATION TO THE HEALTH COUNSELING CHANGE OF OWNERSHIP THROUGH RESPONSIBLE DECLARATION
DO NOT ACCREDIT COMMUNICATION TO THE HEALTH COUNSELING MODIFICATION OF LOCATION THROUGH RESPONSIBLE DECLARATION
NO COMMUNICATION AFTER THE USE OF THE DEFIBRILLATOR.
Infractions and fines for non-compliance with the Regulation on defibrillators in Madrid
The sanctions for non-compliance with the obligations are established in the BOCM, decree 78 / 2017, of 12 of September, of the Governing Council by which the installation and use of external defibrillators is regulated outside the sanitary field. Law 12 / 2001, of 21 December, Health Organization of the Community of Madrid (BO.Community of Madrid 26 December 2001, No. 306, [page 8])
The articles related to defibrillator regulations include Article 144 of infractions (mild, serious, very serious) and the Article 145 of Fines (different economic graduations according to infraction)
Infractions on external defibrillators Madrid | Related to article 144
Administrative sanitary infractions will be those that are typified below:
They are minor sanitary infractions
a) The simple irregularities in compliance with current sanitary regulations, without direct transcendence for public health.
b) The simple breach of the duty of collaboration with the health authorities for the preparation of records and health information documents established by the regulations issued in application and development of this Law.
c) The obstruction of the inspection work by any action or omission that disturbs or delays the same.
d) The breach, by simple negligence, of the requirements, obligations or prohibitions established in sanitary regulations, as well as any other behavior by reason of simple recklessness or non-observance, whenever there is alteration or health risk and this is of little incidence.
They are serious sanitary infractions
a) The exercise or development of activities without the corresponding authorization or sanitary registration required, or after the expiration of its term, as well as the modification not authorized by the competent authority of the express technical or structural conditions on which the corresponding authorization has been granted .
b) Failure to comply with the specific requirements and precautionary or definitive measures formulated by the health authorities, whenever it occurs for the first time and there is no serious damage to the health of the people.
c) The reluctance to provide data, provide information or provide collaboration to the health authorities or their agents, in the development of health inspection or control tasks.
d) Failure, due to serious negligence, of the requirements, obligations or prohibitions established in sanitary regulations, as well as any other behavior that implies serious imprudence, whenever they cause alteration or sanitary risk, even if they are of little importance. And the same breach and behavior when, committed by simple negligence, produce risk or serious health alteration. For the purposes of this letter, the omission of the duty to control or the lack of controls and precautions required in the activity, service or installation in question shall constitute negligence.
e) The commission for negligence of the conducts typified as a very serious infraction, when the risk or health alteration produced is of little importance.
f) The recidivism in the commission of minor infractions in the last three months.
Infractions that are concurrent with other minor health infractions, or have served to facilitate or conceal them.
They are very serious sanitary infractions
a) Failure to comply with the precautionary or definitive measures adopted by the competent health authorities, when this occurs repeatedly or when there is serious damage to the health of the persons.
b) Resistance, coercion, threat, reprisal, contempt or any other form of pressure exerted on the health authorities or their agents.
c) The conscious and deliberate breach of the requirements, obligations or prohibitions established in sanitary regulations, or any fraudulent behavior, whenever they cause alteration, damage or serious sanitary risk.
- g) The recidivism in the commission of serious offenses in the last five years.
- i) Those that are concurrent with other serious sanitary infractions, or have served to facilitate or conceal their commission.
- j) Repeated non-compliance with the specific requirements formulated by the health authorities.
- k) The absolute refusal to provide information or provide collaboration to the control and inspection services.
Fals defibrillators Community of Madrid | Related to Article 145
a) Minor infractions have the following administrative fines:
- Minimum grade offense: Up to € 601,01
- Medium degree offense: From € 601,02 to € 1.803,04
- Maximum grade offense: From € 1.803,05 to € 3.005,06
b) Serious infractions have the following administrative fines:
- Minimum grade: From € 3.005,07 to € 6.010,12
- Medium grade: From € 6.010,13 to € 10.517,71
- Maximum grade: From 10.517,72 to 15.025,30 €
c) Very serious infractions have the following administrative fines:
- Minimum grade: From € 15.025,31 to € 120.202,42
- Medium grade: From € 120.202,43 to € 360.607,26
- Maximum grade: From € 360.607,27 to € 601.012,11
This amount may be exceeded up to five times the value of the products or services that are the object of the infringement. For more information about the article 145 click here (link new post fine)
Advice on the installation and communication of defibrillators to avoid further penalties
The Ministry of Health of the Community of Madrid requires, based on current legislation, to register the external defibrillator electronically, that is, by digital signature.
From Proyecto Salvavidas we advise you to inform the Regional Ministry of Health about the installation of the external defibrillator as soon as possible. Our human team of Project Salvavdidas can help you in the management of this procedure, for this we have extensive experience and we will help you fill out your form.
Then we leave the link of the Ministry of Health of the Community of Madrid: Procedures & Procedures Community of Madrid | Communication of the installation and use of external defibrillators outside the healthcare field
Communication by use of the defibrillator Comunidad de madrid.
Another requirement is the communication to the Ministry after the use of the defibrillator at deadlinemaximum of 72 hours. This service is included in our maintenance service in which we take care of extracting the information of the cardiac event that must be sent to the Ministry for its registration. Also, while we carry out this procedure, we leave you a replacement defibrillator to continue cardioprotecting your facilities.
For more information about the defibrillator regulations of the Community of Madrid or our cardioprotection services, do not hesitate to contact us by calling the telephone for free. 900 We will be happy to answer any questions!
Fines & Penalties
External Defibrillator Registration | Procedures and necessary documents
Who is required to register the defibrillator?
Individuals or legal entities that are obliged by this decree to have a defibrillator for their use outside the sanitary field, or not being obliged to install it voluntarily, must notify it by means of a responsible declaration to the Ministry responsible for the matter. health, indicating the place where it will be installed, the technical characteristics of the same and the data listed in Annex I of the Defibrillator Decree.
Application for the defibrillator registration
When the installation or use of the defibrillator is communicated, the form must be used. Responsible statement for installation of external defibrillators outside the sanitary field in the Community of Madrid. In this form you will be asked for information about where the defibrillator will be located, the line connected to the 112 and other technical data of the defibrillator.
In accordance with the foregoing, we attach Annex I of the aforementioned Decree, which must be completed and sent.
Some data of the commented ones would be:
- Manufacturer: ZOLL
- Model: ZOLL AED PLUS
- Brand: ZOLL
- CE marking number: 0123
- Automatic Activation System: YES
- Installer name: ANEKS3
Proof of registration of the defibrillator | Fines and penalties
At present, inspections are being carried out and a proof of presentation of registration is required and can only be acquired by the client telematically. Therefore it is very important that you make sure to keep this proof of registration of the defibrillator, in case you have an inspection.
Our purpose from Anek S3, Project Lifeguard, is always to provide them with the necessary information on cardioprotection. We are a maintenance company of external defibrillators in Madrid, we offer comprehensive management services for cardiosecure spaces through external defibrillators. We have defibrillators in the modality of renting with facilities approved by the regulations of the Community of Madrid on external defibrillators and cardiosecure spaces.
To facilitate the steps to follow and help them in this process, you can contact Proyecto Salvavidas and we will be happy to help you without any cost by calling the toll-free number 900 670 112.
If you want more information about infractions, sanctions, registration or maintenance of a defibrillator, please contact us using the contact form below.