2006 Louisiana Laws - RS 9:2793.2 — Gratuitous emergency services rendered by american red cross volunteers; limitation of liability

§2793.2.  Gratuitous emergency services rendered by American Red Cross volunteers; limitation of liability

A.  No person who in good faith gratuitously renders any emergency service as a volunteer on behalf of the American Red Cross shall be liable for any civil damages as a result of any act or omission in rendering such care or services or as a result of any act or failure to act or failure to provide or arrange for further services.

B.  The limitation of liability provided in Subsection A shall not apply if any of the following exists:

(1)  The emergency service provided was inconsistent with or a breach of policies or procedures taught in the current and most advanced national American Red Cross First Aid Training Course or American Red Cross Disaster Nursing Course, or both.

(2)  The emergency service  provided was not supervised by a duly qualified employee or agent of the American Red Cross, as required by the policy and procedures of the American Red Cross.

(3)  The damages were caused by the intentional act or omission or gross negligence or willful or wanton misconduct of the volunteer.

C.  As used in this Section:

(1)  "Emergency service" means the immediate and temporary care rendered to a victim of injury or sudden illness consistent with the policies and procedures taught in the current and most advanced American Red Cross First Aid Training Course or the American Red Cross Disaster Nursing Course, or both.

(2)  "Volunteer" means a person who has successfully completed first aid training by the American Red Cross or other recognized emergency medical training program and whose certification is current.

Acts 1995, No. 1230, §1.