AED Legal Analysis for North Carolina

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Good Samaritan immunity from civil liability is provided to good faith rescuers who use AEDs in emergency situations; to AED trainers; to the person responsible for the site where the AED is located when that person has provided for an AED training program; and to any physician who prescribes an AED.

The seller of an AED must notify EMS of the AED's location and type.

High school students must receive CPR training before graduation.

Dental facilities which administer sedation must have an AED on site.

Related Laws

Statute Law Type Effective Date Abstract
21 NCAC 16Q .0302 et seq Other Requirements 2018-02-15 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); (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. (D) AED. Dentists administering minimal conscious sedation shall maintain a functioning automatic external defibrillator (AED).
N.C.G.S.A. § 90-21.14 Good Samaritan The act limits liability for persons using AED in emergency situations when (1) the reasonably apparent circumstances require prompt decisions and actions in medical or other health care, and (2) 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. The act does not apply if a person uses an AED using gross negligence, wanton conduct or intentional wrongdoing.
N.C.G.S.A. § 90-21.15 Other The following people are immune from civil liability from the use of an AED: (1) the person who provides the CPR and AED training to a person using an automated external defibrillator; (2) the person responsible for the site where the AED is located when the person has provided for a program of training; and (3) a North Carolina licensed physician writing a prescription without compensation for an AED whether or not required by any federal or state law. Furthermore, a seller of an AED 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 AED.

We make every attempt to ensure the accuracy of our research regarding automated external defibrillator (AED) unit laws in each state across the country, however, with laws varying from state-to-state and even on a local basis, as you might imagine, staying abreast of constant changes is a very challenging process. As such, it's important to note that our findings should be used for informational purposes only and that any specific AED laws or AED requirements for your AED program should be developed between you and your legal counsel. If you have any suggestions, information, or tips on new or pending AED unit legislation that you feel might help improve our AED requirement pages, please contact us to let us know! By spreading knowledge about how to build and manage legally compliant AED programs, we hope to improve survival rates from sudden cardiac arrest.