8331.2 Good Samaritan civil immunity for use of automated external defibrillator.
(a) General rule.- Except as otherwise provided in this section, any individual
who is trained to use an automated external defibrillator in accordance with subsection (c) and who in good faith uses an AED in an emergency shall not be liable for any civil damages as a result of any acts or omissions by such individual in using the AED, except any acts or omissions intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the individual receiving the AED treatment.
(b) Requirements.- Any person who acquires and maintains an AED for use in
accordance with this section shall not be liable for civil damages provided that the person:
(1) Ensures that expected AED users receive training pursuant to subsection (c).
(2) Maintains and tests the AED according to the manufacturer’s operational guidelines.
(3) Provides instruction requiring the user of the AED to utilize
available means to immediately contact and activate the emergency medical services system.
(4) Assures that any appropriate data or information is made
available to emergency medical services personnel or other health care providers as requested.
(c) Training.- For purposes of this section, expected AED users shall complete training in the use of an AED provided by the American National Red Cross or the American Heart Association or through an equivalent course of instruction approved by the Department of Health in consultation with a technical committee of the Pennsylvania Emergency Health Services Council.
(d) Obstruction of emergency medical services personnel.- Nothing in this section shall relieve a person who uses an AED from civil damages when that person obstructs or interferes with care and treatment being provided by emergency medical services personnel or a health professional.
(e) Exception. -Any individual who lacks the training set forth in
subsection (c) but who has access to an AED and in good faith uses an AED in an emergency as an ordinary, reasonably prudent individual would do under the same or similar circumstances shall receive immunity from civil damages as set forth in subsection (a).
(f) Definitions. -As used in this section, the following words and phrases shall
have the meanings given to them in this subsection:
“Automated external defibrillator” or “AED.” A portable device that uses
electric shock to restore a stable heart rhythm to an individual in cardiac arrest.
“Emergency.” A situation where an individual is believed to be in cardiac
arrest and in need of immediate medical attention to prevent death or serious injury.
“Good Faith.” Includes a reasonable opinion that the immediacy of the
situation is such that the use of an AED should not be postponed until emergency medical services personnel arrive or the person is hospitalized.
(Dec. 15, 1998, P.L. 949, No.126, eff. 60 days)
1998 Amendment. Act 126 added section 8331.2.
8332. Nonmedical good Samaritan civil immunity.
(a) General rule. – Any person who renders emergency care, first aid or rescue at the scene of an emergency, or moves the person receiving such care, first aid and rescue to a hospital or other place of medical care, shall not be liable to such person for any civil damages as a result of any acts or omissions in rendering the emergency care, first aid or rescue, or moving the person receiving the same to a hospital or other place of medical care, except any acts or omissions intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the person receiving the emergency care, first aid or rescue or being moved to a hospital or other place of medical care.
(b) Exceptions.--
(1) This section shall not relieve a driver of an ambulance or other emergency or rescue vehicle from liability arising from operation or use of such vehicle.
(2) In order for any person to receive the benefit of the exemption from civil liability provided for in subsection (a), he shall be, at the time of rendering the emergency care, first aid or rescue or moving the person receiving emergency care, first aid or rescue to a hospital or other place of medical care, the holder of a current certificate evidencing the successful completion of a course in first aid, advanced life saving or basic life support sponsored by the American National Red Cross or the American Heart Association or an equivalent course of instruction approved by the Department of Health in consultation with a technical committee of the Pennsylvania Emergency Health Services Council and must be performing techniques and employing procedures consistent with the nature and level of the training for which the certificate has been issued.
(July 1, 1978, P.L. 697, No. 122, eff. 60 days)
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