North Dakota
North Dakota

North Dakota

Since March 2017, North Dakota’s AED donation programs have operated without specific mandates for maintenance, training, medical direction, or documentation, providing only recommendations. The Good Samaritan law protects participants solely for activities directly related to AED usage, excluding other program aspects. Notably, AEDs are required in all schools.

North Dakota Law Key Takeaways

Requirement

Summary

Good Samaritan Law
Rescuers are granted civil liability immunity when acting as a reasonable person would in similar situations.
AED Training
An AED acquirer must train expected users in CPR and AED operation.
AED Maintenance
AEDs must be maintained and tested as per the manufacturer's guidelines.
AED Policy
Acquirers should establish an AED use policy that mandates contacting EMS immediately after the device is used.
Medical Oversight
Acquirers should consult with a physician regarding their AED program.
Schools
The superintendent of public instruction must purchase and distribute AEDs to school districts for use in schools and at school-related activities.

North Dakota Statutes and Regulations

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 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 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 defibrillation is located. This section does not limit civil liability protection provided by another law.

The superintendent of public instruction shall purchase automated external defibrillators and distribute the defibrillators to school districts in this state for placement in schools or at the site of school-related activities.

*Codes and regulations cited from Justia US Law.

Note: This page serves as an educational resource on Automated External Defibrillators (AEDs) and related legal frameworks. AEDleader.com provides this content for general knowledge purposes and does not claim it to be exhaustive or infallible regarding interpretations of AED laws. It should not be considered legal counsel. We invite you to contact us for detailed guidance on complying with AED regulations specific to your location.

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