North Dakota AED Law

H.B. 1242 - Effective January 5, 1999

Fifty-sixth Legislative Assembly, State of North Dakota, begun in the
Capitol in the City of Bismarck, on Tuesday, the fifth day of January,
one thousand nine hundred and ninety-nine

(Representatives Porter, R. Kelsch, Severson)
(Senators Cook, Kilzer)
AN ACT to provide automated external defibrillator site requirements and civil liability immunity for the
use of an automated external defibrillator.

SECTION 1. Automated external defibrillators - Requirements.
1. Except for a medical services facility or prehospital emergency medical services provider,
every person who acquires an automated external defibrillator shall:
a. Notify the department of health, upon acquisition of an automated external
defibrillator, of the location of and the type of automated external defibrillator.
b. Require every individual expected to use the automated external defibrillator to
receive American heart association or American red cross training in cardiopulmonary
resuscitation and automated external defibrillator use or an equivalent nationally
recognized course in cardiopulmonary resuscitation and automated external
defibrillator use.
c. Maintain and test the automated external defibrillator according to the manufacturer's
operational guidelines.
d. 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.
e. 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
3. If the requirements of subsection 1 are met, the immunity provision of subsection 2 applies
to a licensed physician under subdivision e of subsection 1, the person who provides the
training under subdivision b 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.

H. B. No. 1242 - Page 2
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Fifty-sixth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1242.
House Vote: Yeas 98 Nays 0 Absent 0
Senate Vote: Yeas 47 Nays 0 Absent 2
Chief Clerk of the House
Received by the Governor at M. on , 1999.
Approved at M. on , 1999.
Filed in this office this day of , 1999,
at o'clock M.
Secretary of State