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North Dakota State AED Law

HB 1108 2007
An Act that stipulates who is immune from civil liability after using an AED. It applies to licensed physicians, AED trainers, and the person who is responsible for the site on which the AED is located.

SB 2313 2007
Provides for the purchase and distribution of automated external defibrillators to schools.

HB 1226 2005
Removes the requirement to notify the state department of health of an automated external defibrillator.

HB 1242 1999
Provides automated external defibrillator site requirements and civil liability immunity for use of an AED.

Requirements

Physician

Must consider recommendations of a licensed physician in establishing the training, notification, and maintenance requirements of this subsection.

CPR/AED Training

Every individual expected to use the automated external defibrillator must 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.

Maintenance Program

Must maintain and test the automated external defibrillator according to the manufacturer's operational guidelines.

Notification of Use

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.

Good Samaritan Protection

Rescuer, Property Owner, Physician, Trainer

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.

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.

The information posted on our website is not intended as legal advice and may contain inaccurate or incomplete information. We encourage you to contact your state representative should you require more information.
 
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