NORTH DAKOTA GOOD SAMARITAN LAW
Note: This
version includes the changes made in 1999 to include coverage for automated
external defibrillators.
32-03.1-02.3.
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 that 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 willful or wanton misconduct
of the person providing the
emergency care or emergency treatment.
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.