2013 New York Consolidated Laws
PBH - Public Health
Article 30 - (3000 - 3032) EMERGENCY MEDICAL SERVICES
3013 - Immunity from liability.


NY Pub Health L § 3013 (2012) What's This?
 
    §  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.

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