Emergency Care Immunity Act

Emergency Care Immunity Act

 Summary

The purpose of this Act is to provide immunity from liability for physicians, health care providers and private citizens who in good faith provide emergency care.  The Act provides that any physician who assists in emergency care without any direct compensation would be exempt from liability.  This is true in all cases except those involving gross negligence.

Model Policy

Section 1.  This Act may be cited as the “Emergency Care Immunity Act.”

Section 2.

(A) Any person who, in good faith, renders emergency care of assistance, without compensation, to any injured person at the scene of an accident, fire, or any life-threatening emergency, or enroute therefrom to any hospital, medical clinic, or doctor’s office, shall not be liable for any civil damages for acts or omissions resulting from the rendering of such care or assistance.

(B) Any person or health care provider who, in the absence of gross negligence, renders emergency obstetrical care of assistance to a female in active labor who has not previously been cared for in connection with the pregnancy by such person or by another professionally associated with such person and whose medical records are not reasonably available to such person shall not be liable for any civil damages for acts or omissions resulting from the rendering of such emergency care or assistance.  The immunity herein granted shall apply only to the emergency medical care provider.

(C) Any emergency medical care attendant or technician possessing a valid certificate issued by authorities of the State Board of Health who in good faith renders emergency care or assistance whether in person or by telephone or other means of communication, without compensation, to any injured or ill person, whether at the scene of an accident, fire or any other place, or while transporting such injured or ill person to, from, or between any hospital, or medical facility, shall not be liable for any civil damages for acts or omissions resulting from the rendering of such emergency care, treatment, or assistance, including but in no way limited to acts or omissions which involve violations of State Department of Health (or insert appropriate department) regulations or any other state regulations in the rendering of such emergency care or assistance.

(D) Any person having been attended and successfully completed a course in cardiopulmonary resuscitation, that has been approved by the State Board of Health, who is good faith and without compensation renders or administers emergency cardiopulmonary resuscitation, cardiac defibrillation, or other emergency life-sustaining or resuscitative treatments or procedures which have been approved by the State Board of Health to any sick or injured person, whether at the scene of a fire, an accident, or any other place, or while transporting such person to or from any hospital, clinic, doctor’s office or other medical facility, shall be deemed qualified to administer such emergency treatments and procedures; and such individual shall not be liable for acts or omissions resulting from the rendering of such emergency resuscitative treatment or procedures.

(E) For the purpose of Section D, the term, “compensation” shall not be construed to include the salaries of police, fire, or other public officials or emergency service personnel who render such emergency assistance.

(F) Any licensed physician who directs the provision of emergency medical services, as authorized by the State Board of Health, through a communications device shall not be liable for any civil damages for any act or omission resulting from the rendering of such emergency medical services unless such act or omission was the resulting of such physician’s gross negligence or willful misconduct.

Section 3. {Severability Clause.}

Section 4. {Repealer Clause.}

Section 5. {Effective Date.}

 

Reapproved by ALEC Board of Directors on January 28, 2013.

Keyword Tags: Health and Human Services Task Force, Medical Liability Reform