2020 New Mexico Statutes
Chapter 24 - Health and Safety
Article 10C - Cardiac Arrest Response
Section 24-10C-7 - Limited liability protections.

A. The following persons who render emergency care or treatment by the use of an automated external defibrillator pursuant to the provisions of the Cardiac Arrest Response Act shall not be subject to civil liability, provided that they have acted with reasonable care and in compliance with the requirements of that act:

(1) a trained targeted responder who provides supervisory services pursuant to the Cardiac Arrest Response Act;

(2) a person that provides training in cardiopulmonary resuscitation and use of automated external defibrillation;

(3) a person that acquires, provides or makes available to the public an automated external defibrillator pursuant to the Cardiac Arrest Response Act;

(4) the owner, manager or operator of the property or facility where the automated external defibrillator is located;

(5) a person that authorizes, directs or supervises the installation or placement of an automated external defibrillator; and

(6) the trained targeted responder.

B. A good Samaritan who renders emergency care or treatment by the use of an automated external defibrillator pursuant to the provisions of the Cardiac Arrest Response Act shall not be subject to civil liability; provided that the good Samaritan has acted without willful, wanton or reckless behavior that is the cause of injury or death and in compliance with the requirements of that act.

History: Laws 1999, ch. 94, § 7; 2007, ch. 163, § 5; 2015, ch. 33, § 3.

The 2015 amendment, effective June 19, 2015, limited the liability of a good Samaritan who comes to the aid of a person in need of defibrillation; in the catchline, deleted "immunity" and added "liability"; designated the previously undesignated introductory sentence as Subsection A; redesignated former Subsections A, B, C and D as Paragraphs (1), (2), (3) and (4) of Subsection A, respectively; in Paragraph (1) of Subsection A, after "a", deleted "physician" and added "trained targeted responder"; in Paragraph (2) of Subsection A, after "person", deleted "who" and added "that"; in Paragraph (3) of Subsection A, after "person", deleted "who" and added "that", and after "acquires", added "provides or makes available to the public"; in Paragraph (4) of Subsection A, after "owner", added "manager or operator"; added Paragraph (5) of Subsection A; redesignated former Subsection E as Paragraph (6) of Subsection A, and after "responder", deleted "and"; deleted former Subsection F relating to "a good Samaritan"; and added Subsection B.

The 2007 amendment, effective June 15, 2007, changed "AED" to "automated external defibrillator" and granted immunity from liability to a good Samaritan.