20-9-4.1. Immunity from liability for emergency care–Exception. No peace officer, conservation officer, member of any fire department, police department and their first aid, rescue or emergency squad, or any citizen acting as such as a volunteer, or any other person is liable for any civil damages as a result of their acts of commission or omission arising out of and in the course of their rendering in good faith, any emergency care and services during an emergency which is in their judgment indicated and necessary at the time. Such relief from liability for civil damages extends to the operation of any motor vehicle in connection with any such care or services.
Nothing in this section grants any relief to any person causing any damage by his willful, wanton or reckless act of commission or omission.
Automatic External Defibrillator:
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.