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North Carolina Summary
Good Samaritan Law
Immunity from civil liability is provided to good faith rescuers who use AEDs in emergency situations.
The seller of an AED must notify EMS of the AED's location and type.
Dental facilities which administer sedation must have an AED on site.
North Carolina Statutes and Regulations
North Carolina General Statutes, § 90-21.14.
First aid or emergency treatment; liability limitation.
(a) Any person, including a volunteer medical or health care provider at a facility of a local health department as defined in G.S. 130A-2 or at a nonprofit community health center or a volunteer member of a rescue squad, who voluntarily and without expectation of compensation renders first aid or emergency health care treatment to a person who is unconscious, ill or injured,
(1) When the reasonably apparent circumstances require prompt decisions and actions in medical or other health care, and
(2) When the necessity of immediate health care treatment is so reasonably apparent that any delay in the rendering of the treatment would seriously worsen the physical condition or endanger the life of the person, shall not be liable for damages for injuries alleged to have been sustained by the person or for damages for the death of the person alleged to have occurred by reason of an act or omission in the rendering of the treatment unless it is established that the injuries were or the death was caused by gross negligence, wanton conduct or intentional wrongdoing on the part of the person rendering the treatment. The immunity conferred in this section also applies to any person who uses an automated external defibrillator (AED) and otherwise meets the requirements of this section.
(a1) Recodified as G.S. 90-21.16 by Session Laws 2001-230, s. 1(a), effective October 1, 2001.
(b) Nothing in this section shall be deemed or construed to relieve any person from liability for damages for injury or death caused by an act or omission on the part of such person while rendering health care services in the normal and ordinary course of his business or profession. Services provided by a volunteer health care provider who receives no compensation for his services and who renders first aid or emergency treatment to members of athletic teams are deemed not to be in the normal and ordinary course of the volunteer health care provider’s business or profession.
(c) In the event of any conflict between the provisions of this section and those of G.S. 20-166(d), the provisions of G.S. 20-166(d) shall control and continue in full force and effect.
North Carolina General Statutes, § 90-21.15.
Emergency treatment using automated external defibrillator; immunity.
(a) It is the intent of the General Assembly that, when used in accordance with this section, an automated external defibrillator may be used during an emergency for the purpose of attempting to save the life of another person who is in or who appears to be in cardiac arrest.
(b) For purposes of this section:
(1) “Automated external defibrillator” means a device, heart monitor, and defibrillator that meets all of the following requirements:
a. The device has received approval from the United States Food and Drug Administration of its premarket notification filed pursuant to 21 U.S.C. § 360(k), as amended.
b. The device is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining, without intervention by an operator, whether defibrillation should be performed.
c. Upon determining that defibrillation should be performed, the device automatically charges and requests delivery of, or delivers, an electrical impulse to an individual’s heart.
(2) “Person” means an individual, corporation, limited liability company, partnership, association, unit of government, or other legal entity.
(3) “Training” means a nationally recognized course or training program in cardiopulmonary resuscitation (CPR) and automated external defibrillator use including the programs approved and provided by the:
a. American Heart Association.
b. American Red Cross.
(c) The use of an automated external defibrillator when used to attempt to save or to save a life shall constitute “first-aid or emergency health care treatment” under G.S. 90-21.14(a).
(d) The person who provides the cardiopulmonary resuscitation and automated external defibrillator training to a person using an automated external defibrillator, the person responsible for the site where the automated external defibrillator is located when the person has provided for a program of training, and a North Carolina licensed physician writing a prescription without compensation for an automated external defibrillator whether or not required by any federal or state law, shall be immune from civil liability arising from the use of an automated external defibrillator used in accordance with subsection (c) of this section.
(e) The immunity from civil liability otherwise existing under law shall not be diminished by the provisions of this section.
(f) Nothing in this section requires the purchase, placement, or use of automated external defibrillators by any person, entity, or agency of State, county, or local government. Nothing in this section applies to a product’s liability claim against a manufacturer or seller as defined in G.S. 99B-1.
(g) In order to enhance public health and safety, a seller of an automated external defibrillator shall notify the North Carolina Department of Health and Human Services, Division of Health Service Regulation, Office of Emergency Medical Services of the existence, location, and type of automated external defibrillator.
North Carolina Administrative Code - 21 NCAC 16Q .0302
Clinical Requirements and Equipment
(a) A dentist administering moderate conscious sedation or supervising any CRNA employed to administer or RN employed to deliver moderate conscious sedation shall be responsible to ensure that the facility where the sedation is administered meets the following requirements:
(1) The facility shall be equipped with the following:
. . .
(I) automatic external defibrillator (AED);
North Carolina Administrative Code, 21 NCAC 16Q .0402
Minimal Conscious Sedation Permit Requirements, Clinical Provisions and Equipment
(e) Patient monitoring:
. . .
(2) Dentists administering minimal conscious sedation shall maintain direct supervision of the patient during the operative procedure and for such a period of time necessary to establish pharmacologic and physiologic vital sign stability.