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:
Century Code 32-03.1-02.3
Every person who acquires an automated external defibrillator shall:
- Require every individual expected to use the AED to receive American Heart Association or American Red Cross training in CPR and AED use or an equivalent nationally recognized course in CPR and AED use.
- Maintain and test the AED according to the manufacturer’s operational guidelines.
- Establish an AED use protocol that provides any person who provides emergency care or treatment to an individual in cardiac arrest by using the AED shall contact as soon as possible an appropriate health care provider or emergency medical services provider.
- Consider recommendations of a licensed physician in establishing the training, notification, and maintenance requirements of this subsection.
Any person who in good faith and without compensation provides emergency care or emergency treatment by using an AED 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 the 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 AED is located.