North Carolina State Laws


Summary:

Owners of an AED are should register with North Carolina Department of Health and Human Services, Division of Health Service Regulation EMS. CPR/AED training for expected users for Good Samaritan protection. AEDs are required in Dentist offices and State buildings.


Requirements Required Reference Description
State specific Rx required* X
Good Samaritan protection for UNTRAINED users Check § 90-21.14, § 90-21.15(d) (a) Any person, including a volunteer medical or health care provider at a facility of a local health department as defined in G.S. 130A-2 or at a nonprofit community health center or a volunteer member of a rescue squad, who voluntarily and without expectation of compensation renders first aid or emergency health care treatment to a person who is unconscious, ill or injured, (1) When the reasonably apparent circumstances require prompt decisions and actions in medical or other health care, and (2) When 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, shall not be liable for damages for injuries alleged to have been sustained by the person or for damages for the death of the person alleged to have occurred by reason of an act or omission in the rendering of the treatment unless it is established that the injuries were or the death was caused by gross negligence, wanton conduct or intentional wrongdoing on the part of the person rendering the treatment. The immunity conferred in this section also applies to any person who uses an automated external defibrillator (AED) and otherwise meets the requirements of this section.
Good Samaritan protection for TRAINED users only X
Medical Direction requried Check 143B-370.1(b)(3) State Building: (b) In addition, for each State building, facility, or institution there shall be developed and periodically updated a maintenance plan that takes the following into account:...(3) Ensuring coordination with appropriate licensed professionals in the oversight of training of the devices.
State Specific Medical Direction required X
AED routinely maintained and/or tested Check 143B-370.1(b)(2) State Building: (b) In addition, for each State building, facility, or institution there shall be developed and periodically updated a maintenance plan that takes the following into account:...(2) Proper maintenance and testing of the devices.
Training required for expected users Check § 90-21.15(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. “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.
Response Plan or Protocols Check 143B-370.1(a) State Building: (a) Subject to the receipt of public-private funds for this purpose, the Department of Administration shall, in consultation with OEMS, AHA, and a qualified vendor/provider of AEDs and training services, develop and adopt policies and procedures relative to the placement and use of automated external defibrillators in State-owned and State-leased buildings. The Department of Administration shall also require that all State buildings, facilities, and institutions shall develop a Medical Emergency Response Plan that facilitates the following:
Notification to local 911/Dispatch agency X
Notification to local EMS agency Check 143B-370.1(b)(4) State Building: (b) In addition, for each State building, facility, or institution there shall be developed and periodically updated a maintenance plan that takes the following into account:...(4) Ensuring coordination with local emergency medical systems regarding the placement of AEDs in State buildings, facilities, or institutions where such devices are to be used.
Registration or notification with State or other agency Check § 90-21.15(g) 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 automated external defibrillator.
Provide Post Use data to EMS X
Facilities required to have AEDs Check State-owned and State-leased buildings § 143B-370.1, Dentists offering sedation/anesthesia 21.16.16Q.0202(a)(1)(J), Boxing Promoters 14B NCAC 10.0404, Abortion Clinics 14E.0310(d)(2)(F) *Dentists offering sedation/anesthesia 21.16.16Q.0302 *State-owned and stated leased Buildings *Boxing Promoters 14B NCAC 10.0404 *Abortion Clinics 14E.0310(d)(2)(F)
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