32-03.1 Good Samaritan Act
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<![CDATA[CHAPTER 32-03.1GOOD SAMARITAN ACT32-03.1-01. Definitions. For the purposes of this chapter, the following terms shall havethe designated meanings:1."Aid or assistance necessary or helpful in the circumstances" means any actions<br>which the aider reasonably believed were required to prevent death or serious<br>permanent injury, disability or handicap, or reasonably believed would benefit the<br>injured or ill person, depending upon the aider's perception of the nature and<br>severity of the injury or illness and the total emergency situation, and that the aider<br>reasonably believed the aider could successfully undertake.2."Appropriate person licensed or certified by this state or by any state or province to<br>provide medical care or assistance" means any physician, nurse, emergency<br>medical technician, or other medical or paramedical personnel whom the aider<br>reasonably believes is such, based upon the representations of the person or that<br>person's actions in providing medical aid.3."Employed expressly or actually" means either that the person's formal duties<br>include the provision of emergency medical aid, or that the person customarily<br>provides such aid and is informally expected or relied upon to do so in the course of<br>the person's employment.4."Gross negligence" means acts or omissions falling short of intentional misconduct<br>which nevertheless show a failure to exercise even slight care or any conscious<br>interest in the predictable consequences of the acts or omissions. For the purposes<br>of this chapter, "gross negligence" includes the failure of an aider to relinquish<br>direction of the care of an injured or ill person when an appropriate person licensed<br>or certified by this state or by any state or province to provide medical care or<br>assistance assumes or attempts to assume responsibility for the care of the injured<br>or ill person.32-03.1-02.Actions barred.No person, or the person's employer, subject to theexceptions in sections 32-03.1-03, 32-03.1-04, and 32-03.1-08, who renders aid or assistance<br>necessary or helpful in the circumstances to other persons who have been injured or are ill as the<br>result of an accident or illness, or any mechanical, external or organic trauma, may be named as<br>a defendant or held liable in any personal injury civil action by any party in this state for acts or<br>omissions arising out of a situation in which emergency aid or assistance is rendered, unless it is<br>plainly alleged in the complaint and later proven that such person's acts or omissions constituted<br>intentional misconduct or gross negligence.32-03.1-02.1. Emergency obstetrical services. A physician licensed under chapter43-17 who renders emergency obstetrical care or assistance to a pregnant female in active labor<br>who has not previously been cared for in connection with the pregnancy by the physician or by<br>another person professionally associated with the physician and whose medical records are not<br>reasonably available to the physician is not liable in any personal injury civil action for acts or<br>omissions resulting from the rendering of that emergency care or assistance, unless it is plainly<br>alleged in the complaint and later proven that the physician's acts or omissions constituted<br>intentional misconduct or gross negligence. The immunity from civil liability provided by this<br>section does not extend to a physician who renders emergency obstetrical care or assistance<br>with an expectation of remuneration or who collects a fee for rendering that care or assistance.32-03.1-02.2. Immunity for a licensed health care provider who provides volunteermedical care at free clinics. A health care provider licensed under title 43 who renders medical<br>care on a voluntary basis at a free clinic is not liable in any personal injury civil action for acts or<br>omissions resulting in the rendering of that care unless it is plainly alleged in the complaint and<br>later proven that the health care provider's acts or omissions constituted intentional misconductPage No. 1or gross negligence. For purposes of this section, "voluntary" is defined as without receiving<br>remuneration of any sort. "Free clinic" is defined as a clinic that is established to provide primary<br>health care to persons who are otherwise unable to obtain medical services due to their lack of<br>access to health insurance or medical assistance.32-03.1-02.3. Automated external defibrillators - Requirements.1.Except for a medical services facility or prehospital emergency medical services<br>provider, every person who acquires an automated external defibrillator shall:a.Require every individual expected to use the automated external defibrillator to<br>receive American heart association or American red cross training in<br>cardiopulmonary resuscitation and automated external defibrillator use or an<br>equivalent nationally recognized course in cardiopulmonary resuscitation and<br>automated external defibrillator use.b.Maintain and test the automated external defibrillator according to the<br>manufacturer's operational guidelines.c.Establish an automated external defibrillator use protocol that provides any<br>person who provides emergency care or treatment to an individual in cardiac<br>arrest by using the automated external defibrillator shall contact as soon as<br>possible an appropriate health care provider or emergency medical services<br>provider.d.Consider recommendations of a licensed physician in establishing the training,<br>notification, and maintenance requirements of this subsection.2.Any person who in good faith and without compensation provides emergency care or<br>emergency treatment by using an automated external defibrillator is immune from<br>civil liability for any personal injury resulting from the emergency care or emergency<br>treatment and for any act or failure to act in providing or arranging further medical<br>treatment if the person providing the emergency care or emergency treatment acted<br>as an ordinary, reasonable, prudent person would act under the same or similar<br>circumstances. This subsection does not apply if a personal injury results from the<br>gross negligence or from the willful or wanton misconduct of the person providing<br>the emergency care or emergency treatment.3.The immunity provision of subsection 2 applies to a licensed physician under<br>subdivision d of subsection 1, the person who provides the training under<br>subdivision a of subsection 1, and the person responsible for the site on which the<br>automated external defibrillator is located.4.This section does not limit civil liability protection provided by any other law.32-03.1-03. Criminal immunity. No person who renders aid or assistance necessary orhelpful in the circumstances to other persons who have been injured or are ill as the result of an<br>accident or sudden illness or any mechanical, external, or organic trauma may be criminally<br>charged in this state for having practiced medicine or nursing without a license, provided that the<br>aider shall relinquish direction of the care of the injured person when an appropriate person<br>licensed or certified by this state or by any state or province to provide medical care or<br>assistance assumes responsibility for the care of the injured person.32-03.1-04. Fees or reimbursement for aid. Nothing in this chapter may be construedto deprive any physician or surgeon licensed in this state of the right to collect reasonable fees<br>for any acts of aid, assistance, or treatment or any other person rendering aid or assistance<br>under this chapter, or those whose property is necessarily damaged in the course of such aid or<br>assistance under this chapter, of the right to reimbursement, from the injured or ill person or that<br>person's estate for any expenses or damages which appeared reasonable and necessary toPage No. 2incur under the circumstances. Any person rendering aid or assistance with an expectation of<br>remuneration shall not be covered by the provisions of this chapter.32-03.1-05. Exceptions. This chapter does not encompass a person who, at the time ofthe emergency, was employed expressly or actually for the purpose of providing emergency<br>medical aid to humans, either within or outside of a hospital or other place or vehicle with medical<br>equipment, for emergency medical aid or other assistance rendered in the regular course of the<br>person's employment. Such persons and their employers are liable for their acts and omissions<br>in rendering emergency medical aid in the regular course of their employment, according to the<br>prevailing law in this state.32-03.1-06. Limited repealer. This chapter supersedes any conflicting provision of lawwhich is inconsistent with this chapter except sections 23-27-04.1, 32-03-40, 32-03-42,<br>39-08-04.1, 43-12.1-12, 43-17-37, and 43-17-38.32-03.1-07. Costs and fees. Notwithstanding any other provision in the laws of thisstate, or any court rules, if a party names a defendant in a suit alleging intentional misconduct or<br>gross negligence, as described in section 32-03.1-01, and the trial judge dismisses the complaint<br>or grants a defendant's motion for judgment on the pleadings, or directs a verdict for a defendant,<br>or grants a defendant's motion for judgment notwithstanding the verdict, or at any point in the<br>proceedings grants a plaintiff's motion to discontinue the action against the defendant, the<br>defendant shall be entitled to full costs and reasonable attorney's fees expended in connection<br>with the defendant's defense of the action. If good reason is shown, the trial judge may suspend<br>the operation of this section.32-03.1-08. Actions not barred. Nothing in this chapter may be construed to bar a civilaction by any injured or ill person or injured or ill person's survivors against any person for having<br>tortiously caused an injury or emergency situation. Nothing in this chapter may be construed to<br>relieve any person, tortiously causing an injury or emergency situation, from any affirmative duty<br>to provide proper aid or assistance. If the defendant prevails in such an action, the defendant<br>shall be entitled to costs and fees only as the other statutes and court rules of this state provide.Page No. 3Document Outlinechapter 32-03.1 good samaritan act]]>