{"AED":"Automated External Defibrillator"}
Emergency Law Inventory | Full Law Text

Law Number

N.D. Cent. Code, 32-03.1-02.3

Summary Title

Liability: Use of AED

Summary

An individual, who, in good faith and without compensation, provides emergency care by using an AED, will not be held legally responsible for acting or for failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

Automated external defibrillators — Requirements

Full Text

1. Except for a medical services facility or prehospital emergency medical services provider, every person who acquires an automated external defibrillator shall: a. Require every individual expected to use the automated external defibrillator to receive training in the most recent nationally recognized course in cardiopulmonary resuscitation and automated external defibrillator use ; b. Maintain and test the automated external defibrillator according to the manufacturer’s operational guidelines ; c. Establish an automated external defibrillator use protocol that provides any person who provides emergency care or treatment to an individual in cardiac arrest by using the automated external defibrillator shall contact, as soon as possible, an appropriate health care provider or emergency medical services provider ; and d. Consider recommendations of a licensed physician in establishing the training, notification, and maintenance requirements of this subsection. 2. Any person who in good faith and without compensation provides emergency care or emergency treatment by using an automated external defibrillator is immune from civil liability for any personal injury resulting from the emergency care or emergency treatment and for any act or failure to act in providing or arranging further medical treatment if the person providing the emergency care or emergency treatment acted as an ordinary, reasonable, prudent person would act under the same or similar circumstances. This subsection does not apply if a personal injury results from the gross negligence or from the willful or wanton misconduct of the person providing the emergency care or emergency treatment. 3. The immunity provision of subsection 2 applies to a licensed physician under subdivision d of subsection 1, the person who provides the training under subdivision a of subsection 1, and the person responsible for the site on which the automated external defibrillator is located. 4. This section does not limit civil liability protection provided by any other law.

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