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This entry was published on 2014-09-22
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SECTION 3013
Immunity from liability
Public Health (PBH) CHAPTER 45, ARTICLE 30
§ 3013. Immunity from liability. 1. Notwithstanding any inconsistent
provision of any general, special or local law, a voluntary ambulance
service or voluntary advanced life support first response service
described in section three thousand one of this article and any member
thereof who is a certified first responder, an emergency medical
technician, an advanced emergency medical technician or a person acting
under the direction of an emergency medical technician or advanced
emergency medical technician and who voluntarily and without the
expectation of monetary compensation renders medical assistance in an
emergency 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
medical assistance in an emergency unless it is established that such
injuries were or such death was caused by gross negligence on the part
of such certified first responder, emergency medical technician or
advanced emergency medical technician or person acting under the
direction of an emergency medical technician or advanced emergency
medical technician.

2. Nothing in this section shall be deemed to relieve any such
voluntary ambulance service or voluntary advanced life support first
response service from liability for damages or injuries or death caused
by an act or omission on the part of any person other than a certified
first responder, an emergency medical technician, advanced emergency
medical technician or person acting under the direction of an emergency
medical technician or advanced emergency medical technician acting in
behalf of the voluntary ambulance service or voluntary advanced life
support first response service.

3. Nothing in this section shall be deemed to relieve or alter the
liability of any such voluntary ambulance service or members for damages
or injuries or death arising out of the operation of motor vehicles.

4. A certified first responder, emergency medical technician or
advanced emergency medical technician, whether or not he or she is
acting on behalf of an ambulance service or advanced life support first
response service, who voluntarily and without the expectation of
monetary compensation renders medical assistance in an emergency to a
person who is unconscious, ill or injured shall not be liable for
damages 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 medical assistance in an emergency
unless it is established that such injuries were or such death was
caused by gross negligence on the part of such certified first
responder, emergency medical technician or advanced emergency medical
technician.

5. Notwithstanding any inconsistent provision of any general, special
or local law, any physician who voluntarily and without the expectation
of monetary compensation provides indirect medical control, as defined
in paragraph (b) of subdivision fifteen of section three thousand one of
this article, to a voluntary ambulance service or voluntary advanced
life support first response service described in section three thousand
one of this article shall not be liable for damages for injuries or
death alleged to have been sustained by any person as a result of such
medical direction unless it is established that such injuries or death
were caused by gross negligence on the part of such physician.

6. The availability of an award or other benefit under article
eleven-AA or article eleven-AAA of the general municipal law shall not
be deemed monetary compensation for the purposes of this section.