North Dakota

North Dakota

North Dakota has not had any requirements for maintenance, training, medical direction, and program documentation for AED donation programs since March 2017, only recommendations. The Good Samaritan law protects AED participants; however, this law limits protection to users to AED-related activities only. All other AED program activities are not covered. North Dakota requires that all schools have an AED.

North Dakota Law Key Takeaways

Requirement Summary
Good Samaritan Law Immunity from civil liability is available for rescuers who act as an ordinary, reasonable, prudent person would act under the same or similar circumstances.
AED Training An AED acquirer must provide CPR/AED training to expected users.
AED Maintenance AEDs should be maintained and tested according to the manufacturer's guidelines.
AED Policy Acquirers should develop an AED use policy that involves a directive to contact EMS as soon as possible after using an AED.
Medical Oversight Acquirers should consult with a physician regarding their AED program.
Schools The superintendent of public instruction must purchase AEDs and distribute them to school districts in the state for placement in schools or at the site of school-related activities.

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North Dakota Statutes and Regulations

*North Dakota Century Code -- 32-03.1-02.3. Automated external defibrillators - Requirements.

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.

*North Dakota Century Code -- 15.1-07-31. Automated external defibrillators - Purchase and distribution.

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: The information on this page is intended to educate readers on the general topic of AEDs and AED legislation. AED.com does not guarantee completeness or accuracy of any AED law interpretation, summary, or listing. This information is intended to be a summary of general facts and not legal advice. For assistance interpreting and determining AED law compliance in your state, please contact us.

AED owners are legally responsible to ensure compliance and emergency readiness of their AEDs. Each unit must meet certain requirements from the FDA, the local state, and individual AED manufacturers, which can be a challenging task to maintain. Thousands of customers rely on us to manage their AED compliance through our easy to use tool called LifeShield. Learn more about how we support our clients with an unmatched AED compliance program offering here.

 

North Dakota Summary
Requirement Summary
Good Samaritan Law Immunity from civil liability is available for rescuers who act as an ordinary, reasonable, prudent person would act under the same or similar circumstances.
AED Training An AED acquirer must provide CPR/AED training to expected users.
AED Maintenance AEDs should be maintained and tested according to the manufacturer's guidelines.
AED Policy Acquirers should develop an AED use policy that involves a directive to contact EMS as soon as possible after using an AED.
Medical Oversight Acquirers should consult with a physician regarding their AED program.
Schools The superintendent of public instruction must purchase AEDs and distribute them to school districts in the state for placement in schools or at the site of school-related activities.
North Dakota Statutes and Regulations
Statute Abstract
North Dakota Century Code - 32-03.1-02.3. Automated external defibrillators - Requirements.

An individual who in good faith and without compensation provides training to use an automated external defibrillator, emergency care by using an automated external defibrillator, or emergency treatment by using an automated external defibrillator is immune from civil liability for any personal injury resulting from the training, emergency care, or emergency treatment and for any act or failure to act in providing or arranging further medical treatment if the individual providing the training, emergency care, or emergency treatment acted as an ordinary, reasonable, prudent person would act under the same or similar circumstances. This section does not apply if a personal injury results from the gross negligence or from the willful or wanton misconduct of the individual providing the training, emergency care, or emergency treatment.

This section provides immunity to the person responsible for the site on which the automated external defibrillator is located.

This section does not limit civil liability protection provided by any other law.
North Dakota Century Code, 15.1-07-31. Automated external defibrillators - Purchase and distribution.

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.

AED owners are legally responsible to ensure compliance and emergency readiness of their AEDs. Each unit must meet certain requirements from the FDA, the local state, and individual AED manufacturers, which can be a challenging task to maintain. Thousands of customers rely on us to manage their AED compliance through our easy to use tool called LifeShield. Learn more about how we support our clients with an unmatched AED compliance program offering here.


North Dakota Summary
Requirement Summary
Good Samaritan Law Immunity from civil liability is available for rescuers who act as an ordinary, reasonable, prudent person would act under the same or similar circumstances.
AED Training An AED acquirer must provide CPR/AED training to expected users.
AED Maintenance AEDs should be maintained and tested according to the manufacturer's guidelines.
AED Policy Acquirers should develop an AED use policy that involves a directive to contact EMS as soon as possible after using an AED.
Medical Oversight Acquirers should consult with a physician regarding their AED program.
Schools The superintendent of public instruction must purchase AEDs and distribute them to school districts in the state for placement in schools or at the site of school-related activities.
North Dakota Statutes and Regulations
Statute Abstract
North Dakota Century Code - 32-03.1-02.3. Automated external defibrillators - Requirements.

An individual who in good faith and without compensation provides training to use an automated external defibrillator, emergency care by using an automated external defibrillator, or emergency treatment by using an automated external defibrillator is immune from civil liability for any personal injury resulting from the training, emergency care, or emergency treatment and for any act or failure to act in providing or arranging further medical treatment if the individual providing the training, emergency care, or emergency treatment acted as an ordinary, reasonable, prudent person would act under the same or similar circumstances. This section does not apply if a personal injury results from the gross negligence or from the willful or wanton misconduct of the individual providing the training, emergency care, or emergency treatment.

This section provides immunity to the person responsible for the site on which the automated external defibrillator is located.

This section does not limit civil liability protection provided by any other law.
North Dakota Century Code, 15.1-07-31. Automated external defibrillators - Purchase and distribution.

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.