Legislation
SECTION 3000-A
Emergency medical treatment
Public Health (PBH) CHAPTER 45, ARTICLE 30
§ 3000-a. Emergency medical treatment. 1. Except as provided in
subdivision six of section six thousand six hundred eleven, subdivision
two of section six thousand five hundred twenty-seven, subdivision one
of section six thousand nine hundred nine and sections six thousand five
hundred forty-seven and six thousand seven hundred thirty-seven of the
education law, any person who voluntarily and without expectation of
monetary compensation renders first aid or emergency treatment at the
scene of an accident or other emergency outside a hospital, doctor's
office or any other place having proper and necessary medical equipment,
to a person who is unconscious, ill, or injured, shall not be liable for
damages for injuries alleged to have been sustained by such person or
for damages for the death of such person alleged to have occurred by
reason of an act or omission in the rendering of such emergency
treatment unless it is established that such injuries were or such death
was caused by gross negligence on the part of such person. Nothing in
this section shall be deemed or construed to relieve a licensed
physician, dentist, nurse, physical therapist or registered physician's
assistant from liability for damages for injuries or death caused by an
act or omission on the part of such person while rendering professional
services in the normal and ordinary course of his or her practice.
2. (i) Any person or entity that purchases, operates, facilitates
implementation or makes available resuscitation equipment that
facilitates first aid, an automated external defibrillator or an
epinephrine device as required by or pursuant to law or local law, or
that conducts training under section three thousand-c of this article,
or (ii) an emergency health care provider under a collaborative
agreement pursuant to section three thousand-b of this article with
respect to an automated external defibrillator, or (iii) a health care
practitioner that prescribes, dispenses or provides an epinephrine
device under section three thousand-c of this article, shall not be
liable for damages arising either from the use of that equipment by a
person who voluntarily and without expectation of monetary compensation
renders first aid or emergency treatment at the scene of an accident or
medical emergency, or from the use of defectively manufactured
equipment; provided that this subdivision shall not limit the person's
or entity's, the emergency health care provider's, or other health care
practitioner's liability for their own negligence, gross negligence or
intentional misconduct.
subdivision six of section six thousand six hundred eleven, subdivision
two of section six thousand five hundred twenty-seven, subdivision one
of section six thousand nine hundred nine and sections six thousand five
hundred forty-seven and six thousand seven hundred thirty-seven of the
education law, any person who voluntarily and without expectation of
monetary compensation renders first aid or emergency treatment at the
scene of an accident or other emergency outside a hospital, doctor's
office or any other place having proper and necessary medical equipment,
to a person who is unconscious, ill, or injured, shall not be liable for
damages for injuries alleged to have been sustained by such person or
for damages for the death of such person alleged to have occurred by
reason of an act or omission in the rendering of such emergency
treatment unless it is established that such injuries were or such death
was caused by gross negligence on the part of such person. Nothing in
this section shall be deemed or construed to relieve a licensed
physician, dentist, nurse, physical therapist or registered physician's
assistant from liability for damages for injuries or death caused by an
act or omission on the part of such person while rendering professional
services in the normal and ordinary course of his or her practice.
2. (i) Any person or entity that purchases, operates, facilitates
implementation or makes available resuscitation equipment that
facilitates first aid, an automated external defibrillator or an
epinephrine device as required by or pursuant to law or local law, or
that conducts training under section three thousand-c of this article,
or (ii) an emergency health care provider under a collaborative
agreement pursuant to section three thousand-b of this article with
respect to an automated external defibrillator, or (iii) a health care
practitioner that prescribes, dispenses or provides an epinephrine
device under section three thousand-c of this article, shall not be
liable for damages arising either from the use of that equipment by a
person who voluntarily and without expectation of monetary compensation
renders first aid or emergency treatment at the scene of an accident or
medical emergency, or from the use of defectively manufactured
equipment; provided that this subdivision shall not limit the person's
or entity's, the emergency health care provider's, or other health care
practitioner's liability for their own negligence, gross negligence or
intentional misconduct.