State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-21_15

§ 90‑21.15.  Emergencytreatment using automated external defibrillator; immunity.

(a)        It is the intent ofthe General Assembly that, when used in accordance with this section, anautomated external defibrillator may be used during an emergency for the purposeof attempting to save the life of another person who is in or who appears to bein cardiac arrest.

(b)        For purposes ofthis section:

(1)        "Automatedexternal defibrillator" means a device, heart monitor, and defibrillatorthat meets all of the following requirements:

a.         The device hasreceived approval from the United States Food and Drug Administration of itspremarket notification filed pursuant to 21 U.S.C. § 360(k), as amended.

b.         The device iscapable of recognizing the presence or absence of ventricular fibrillation orrapid ventricular tachycardia and is capable of determining, withoutintervention by an operator, whether defibrillation should be performed.

c.         Upon determiningthat defibrillation should be performed, the device automatically charges andrequests delivery of, or delivers, an electrical impulse to an individual'sheart.

(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 cardiopulmonaryresuscitation (CPR) and automated external defibrillator use including theprograms approved and provided by the:

a.         American HeartAssociation.

b.         American Red Cross.

(c)        The use of an automatedexternal defibrillator when used to attempt to save or to save a life shallconstitute "first‑aid or emergency health care treatment" underG.S. 90‑21.14(a).

(d)        The person whoprovides the cardiopulmonary resuscitation and automated external defibrillatortraining to a person using an automated external defibrillator, the personresponsible for the site where the automated external defibrillator is locatedwhen the person has provided for a program of training, and a North Carolinalicensed physician writing a prescription without compensation for an automatedexternal defibrillator whether or not required by any federal or state law,shall be immune from civil liability arising from the use of an automatedexternal defibrillator used in accordance with subsection (c) of this section.

(e)        The immunity fromcivil liability otherwise existing under law shall not be diminished by theprovisions of this section.

(f)         Nothing in thissection requires the purchase, placement, or use of automated external defibrillatorsby any person, entity, or agency of State, county, or local government. Nothingin this section applies to a product's liability claim against a manufactureror seller as defined in G.S. 99B‑1.

(g)        In order to enhancepublic health and safety, a seller of an automated external defibrillator shallnotify the North Carolina Department of Health and Human Services, Division ofHealth Service Regulation, Office of Emergency Medical Services of theexistence, location, and type of automated external defibrillator. (2000‑113, s. 1; 2007‑182,s. 1.1.)