NORTH DAKOTA GOOD SAMARITAN LAW
Note: This version includes the changes made in 1999 to include coverage for automated external defibrillators.
Automated external defibrillators-Requirements.
1. Except for a medical services facility or prehospital emergency medical services provider, every person who
acquires an automated external
a. Notify the department of health, upon acquisition of an automated
external defibrillator, of the location of and the type of automated
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