2012 New York Consolidated Laws
PBH - Public Health
Article 30 - (3000 - 3032) EMERGENCY MEDICAL SERVICES
3000-A - Emergency medical treatment.


NY Pub Health L § 3000-A (2012) What's This?
 
    §  3000-a.  Emergency  medical  treatment.  1.  Except  as provided in
  subdivision six of section six thousand six hundred eleven,  subdivision
  two  of  section six thousand five hundred twenty-seven, subdivision one
  of section six thousand nine hundred nine and sections six thousand five
  hundred forty-seven and six thousand seven hundred thirty-seven  of  the
  education  law,  any  person  who voluntarily and without expectation of
  monetary compensation renders first aid or emergency  treatment  at  the
  scene  of  an  accident  or other emergency outside a hospital, doctor's
  office or any other place having proper and necessary medical equipment,
  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  emergency
  treatment unless it is established that such injuries were or such death
  was  caused  by  gross negligence on the part of such person. Nothing in
  this section  shall  be  deemed  or  construed  to  relieve  a  licensed
  physician,  dentist, nurse, physical therapist or registered physician's
  assistant from liability for damages for injuries or death caused by  an
  act  or omission on the part of such person while rendering professional
  services in the normal and ordinary course of his or her practice.
    2. (i) Any person who, or entity, partnership,  corporation,  firm  or
  society  that,  purchases, operates, facilitates implementation or makes
  available  resuscitation  equipment  that  facilitates  first  aid,   an
  automated  external defibrillator or an epinephrine auto-injector device
  as required by or pursuant to law or local law,  or  (ii)  an  emergency
  health care provider under a collaborative agreement pursuant to section
  three  thousand-b  of this article with respect to an automated external
  defibrillator, or (iii)  the  emergency  health  care  provider  with  a
  collaborative  agreement  under section three thousand-c of this article
  with respect to use of an epinephrine auto-injector device, shall not be
  liable for damages arising either from the use of that  equipment  by  a
  person  who voluntarily and without expectation of monetary compensation
  renders first aid or emergency treatment at the scene of an accident  or
  medical   emergency,   or  from  the  use  of  defectively  manufactured
  equipment; provided that this subdivision shall not limit  the  person's
  or  entity's,  partnership's,  corporation's,  firm's,  society's or the
  emergency health care provider's liability  for  his,  her  or  its  own
  negligence, gross negligence or intentional misconduct.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.