ยง663-1.5 - Exception to liability.
ยง663-1.5ย Exception to liability.ย (a)ย
Any person who in good faith renders emergency care, without remuneration or
expectation of remuneration, at the scene of an accident or emergency to a
victim of the accident or emergency shall not be liable for any civil damages
resulting from the person's acts or omissions, except for such damages as may
result from the person's gross negligence or wanton acts or omissions.
(b)ย No act or omission of any rescue team or
physician working in direct communication with a rescue team operating in
conjunction with a hospital or an authorized emergency vehicle of the hospital
or the State or county, while attempting to resuscitate any person who is in
immediate danger of loss of life, shall impose any liability upon the rescue
team, the physicians, or the owners or operators of such hospital or authorized
emergency vehicle, if good faith is exercised.
This section shall not relieve the owners or
operators of the hospital or authorized emergency vehicle of any other duty imposed
upon them by law for the designation and training of members of a rescue team
or for any provisions regarding maintenance of equipment to be used by the
rescue team or any damages resulting from gross negligence or wanton acts or
omissions.
(c)ย Any physician or physician assistant
licensed to practice under the laws of this State or any other state who in
good faith renders emergency medical care in a hospital to a person, who is in
immediate danger of loss of life, without remuneration or expectation of
remuneration, shall not be liable for any civil damages, if the physician or
physician assistant exercises that standard of care expected of similar
physicians or physician assistants under similar circumstances.ย Any physician
who supervises a physician assistant providing emergency medical care pursuant
to this section shall not be required to meet the requirements set forth in
chapter 453 regarding supervising physicians.
(d)ย Any person or other entity who as a public
service publishes written general first aid information dealing with emergency
first aid treatment, without remuneration or expectation of remuneration for
providing this public service, shall not be liable for any civil damages
resulting from the written publication of such first aid information except as
may result from its gross negligence or wanton acts or omissions.
(e)ย Any person who in good faith, without
remuneration or expectation of remuneration, attempts to resuscitate a person
in immediate danger of loss of life when administering any automated external
defibrillator, regardless of where the automated external defibrillator that is
used is located, shall not be liable for any civil damages resulting from any
act or omission except as may result from the person's gross negligence or
wanton acts or omissions.
Any person, including an employer, who provides
for an automated external defibrillator or an automated external defibrillator
training program shall not be vicariously liable for any civil damages
resulting from any act or omission of the persons or employees who, in good
faith and without remuneration or the expectation of remuneration, attempt to
resuscitate a person in immediate danger of loss of life by administering an
automated external defibrillator, except as may result from a person's or
employer's gross negligence or wanton acts or omissions.
(f)ย Any physician or physician assistant who
administers an automated external defibrillator program without remuneration or
expectation of remuneration shall not be liable for any civil damages resulting
from any act or omission involving the use of an automated external
defibrillator, except as may result from the physician's or physician
assistant's gross negligence or wanton acts or omissions.
(g)ย This section shall not relieve any person,
physician, physician assistant, or employer of:
(1)ย Any other duty imposed by law regarding the
designation and training of persons or employees;
(2)ย Any other duty imposed by provisions regarding
the maintenance of equipment to be used for resuscitation; or
(3)ย Liability for any damages resulting from gross
negligence, or wanton acts or omissions.
(h)ย For the purposes of this section:
"Automated external defibrillator
program" means an appropriate training course that includes
cardiopulmonary resuscitation and proficiency in the use of an automated
external defibrillator.
"Good faith" includes but is not
limited to a reasonable opinion that the immediacy of the situation is such
that the rendering of care should not be postponed.
"Rescue team" means a special group
of physicians, basic life support personnel, advanced life support personnel,
surgeons, nurses, volunteers, or employees of the owners or operators of the
hospital or authorized emergency vehicle who have been trained in basic or
advanced life support and have been designated by the owners or operators of
the hospital or authorized emergency vehicle to attempt to provide such support
and resuscitate persons who are in immediate danger of loss of life in cases of
emergency. [L 1969, c 80, ยง1; am L 1974, c 44, ยง1; am L 1979, c 81, ยง2; am L
1980, c 232, ยง35; am L 1983, c 33, ยง1; gen ch 1985; am L 1998, c 160, ยง2; am L
2004, c 191, ยง1; am L 2007, c 91, ยงยง2, 3; am L 2009, c 17, ยง1 and c 151, ยงยง23,
24]