A plain-language breakdown of NDCC 32-03.1-02.3, the school AED mandate under NDCC 15.1-07-31, and the dental office requirements that govern AED programs in North Dakota.
North Dakota’s AED framework is one of the lightest regulatory structures in the country. There are no mandatory administrative program requirements for most AED owners. The core statute, NDCC 32-03.1-02.3, outlines what acquirers should do — train expected users, develop an AED use policy that includes EMS activation, and consult a physician — but these are recommendations, not enforceable conditions.
Immunity from civil liability is available regardless of whether the recommendations are followed, provided the rescuer acted in good faith and without compensation, and did not act with gross negligence or willful or wanton misconduct. That said, the immunity structure also covers the consulting physician, the trainer, and the site-responsible person — but only when the relevant recommendations are followed.
North Dakota’s one specific placement mandate is for schools. The superintendent of public instruction is required by NDCC 15.1-07-31 to purchase AEDs and distribute them to school districts for placement in schools and at school-related activities.
Not legal advice. This page summarizes publicly available statutes for informational purposes. Laws change and individual circumstances vary — consult a qualified attorney or your state health department before relying on this for compliance decisions.
North Dakota AED Requirements at a Glance
| Requirement | Status | Summary |
|---|---|---|
| Good Samaritan immunity (rescuer) | ✓ Required | Civil immunity for any person who provides AED care in good faith without compensation, except gross negligence or willful or wanton misconduct. |
| Good Samaritan immunity (physician, trainer, site owner) | Conditional | Immunity extends to the consulting physician, CPR/AED trainer, and site-responsible person when the recommendations under subsection 1 are followed. |
| CPR/AED training | Recommended | Acquirers should ensure expected users receive training from AHA, Red Cross, or equivalent nationally recognized course. |
| AED use policy | Recommended | Acquirers should develop a written policy directing EMS activation as soon as possible after AED use. |
| Device maintenance | Recommended | AEDs should be maintained and tested per manufacturer guidelines. |
| Physician consultation | Recommended | Acquirers should consult with a physician regarding training, EMS notification, and maintenance. |
| DOH notification | ✕ Removed 2017 | The prior requirement to notify the state Department of Health of AED acquisition was removed in 2017. |
| School AED placement | ✓ Required | The superintendent of public instruction must purchase AEDs and distribute them to school districts for placement in schools and at school-related activities. |
| Dental offices | ✓ Required | Dental offices administering sedation or anesthesia must have a functional AED or defibrillator on site. |
North Dakota AED Statutes
NDCC 32-03.1-02.3
Automated external defibrillators: requirements and immunity
Core AED statute — recommendations, rescuer immunity, and extended immunity for physician/trainer/site owner
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Subsection 1 sets out four recommendations for any person or entity that acquires an AED:
Subsection 2 provides immunity from civil liability for any person who in good faith and without compensation provides emergency care or treatment using an AED. The standard is whether the person acted as an ordinary, reasonable, prudent person would act under the same or similar circumstances. Immunity does not apply if personal injury results from gross negligence or willful or wanton misconduct.
NDCC 15.1-07-31
AED purchase and distribution to schools
State-funded procurement — the superintendent buys and distributes; districts don’t purchase their own
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The superintendent of public instruction must purchase automated external defibrillators and distribute them to school districts in North Dakota for placement in schools or at the site of school-related activities.
ND Dental Board Rules
Dental office AED requirement
Required for any dental office holding a sedation or anesthesia permit
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Dental offices in North Dakota that hold permits to administer any level of sedation or general anesthesia are required to have a functional AED or defibrillator available as part of their required emergency equipment. This requirement appears in the state dental board’s administrative rules governing anesthesia and sedation permits and applies regardless of whether the office is in a rural or urban location.
What the Law Means in Practice
✓ For individual rescuers
A person who grabs an AED and uses it in an emergency is protected from civil liability whether or not any program existed around that device. The rescuer’s immunity under subsection 2 applies regardless of whether any recommendations were followed.
🏢 For site owners and organizations
A business, school, church, gym, or office building gains civil immunity coverage for the physician, trainer, and site-responsible person when the recommendations are followed. That immunity extension is worth the minimal additional effort of maintaining a policy, arranging basic training, and keeping the device in working order.
🏫 For school districts
The state supplies the devices under NDCC 15.1-07-31, removing the acquisition cost barrier that limits AED access in many other states. Districts are not required to purchase their own equipment.
The recommendations-not-requirements structure of NDCC 32-03.1-02.3 gives North Dakota AED owners more flexibility than most states. There is no program registration requirement, no mandatory physician sign-off, no post-use reporting obligation, and no EMS notification requirement at acquisition. But following the recommendations expands immunity to more people around the program — and a compliant program is a better-protected one.
Law Enforcement AED Program
💰 $4.3M Helmsley Trust grant — approximately 1,700 AEDs deployed statewide
In 2021, the North Dakota Department of Health and Human Services received a $4.3 million grant from the Leona M. and Harry B. Helmsley Charitable Trust to equip law enforcement agencies across the state with AEDs. By February 2026, approximately 1,700 AEDs had been deployed to state and local law enforcement, and the program had been credited with saving an estimated 90 lives. This is particularly significant in North Dakota’s rural landscape, where EMS response times can exceed 10 minutes and law enforcement officers are often the first to arrive at a cardiac event.
Frequently Asked Questions
Does North Dakota require AED program registration?+
No. North Dakota does not require any form of AED program registration with the state. The prior requirement to notify the Department of Health of AED acquisition was removed in 2017.
Do the AED recommendations in NDCC 32-03.1-02.3 affect my liability protection?+
Yes, indirectly. The rescuer’s immunity under subsection 2 applies regardless of whether the recommendations are followed. But the extended immunity covering the physician, trainer, and site-responsible person is tied to compliance with the relevant recommendations. Following them protects more people around your program, not just the person who delivers the shock.
Does North Dakota require physician oversight for AED programs?+
No. The statute recommends consulting a physician but does not make it a mandatory condition of program operation or immunity. However, following this recommendation extends civil immunity protection to the consulting physician as well.
Do North Dakota schools need AEDs?+
Yes. NDCC 15.1-07-31 requires the superintendent of public instruction to purchase AEDs and distribute them to school districts for placement in schools and at school-related activities. Individual districts do not have to purchase their own devices — the state handles acquisition and distribution.
Do North Dakota dental offices need AEDs?+
Yes, if they perform sedation or anesthesia. State dental board administrative rules require a functional AED or defibrillator as part of the mandatory emergency equipment for dental offices holding sedation or anesthesia permits.
What happens after an AED is used in North Dakota?+
The statute recommends activating EMS as soon as possible and reporting any clinical use of the AED. There is no mandatory post-use reporting requirement to a state agency.
Keep your North Dakota AED program organized and ready
North Dakota’s lighter regulatory environment still benefits from maintenance records, inspection logs, and expiration tracking. AED Log handles all of it automatically and keeps every record audit-ready.
Statutes cited from the North Dakota Legislative Branch and Justia US Law.
This page is for informational purposes only and is not legal advice. For guidance specific to your situation, consult a qualified attorney or your state health department.