2010 Pennsylvania Code
Title 35 - HEALTH AND SAFETY
Chapter 81 - Emergency Medical Services System
8151 - Limitations on liability.

                               SUBCHAPTER C
                         MISCELLANEOUS PROVISIONS

     Sec.
     8151.  Limitations on liability.
     8152.  Peer review.
     8153.  Support of emergency medical services.
     8154.  Prohibited acts.
     8155.  Surrender of license, accreditation or certification.
     8156.  Penalties.
     8157.  Adjudications and judicial review.
     § 8151.  Limitations on liability.
        The following shall apply:
            (1)  No medical command physician, medical command
        facility medical director or medical command facility, which
        in good faith provides a medical command to an EMS provider
        or student enrolled in an EMS course of instruction approved
        by the department, shall be liable for civil damages as a
        result of issuing the instruction, absent a showing of gross
        negligence or willful misconduct.
            (2)  No EMS agency, EMS agency medical director or EMS
        provider who in good faith attempts to render or facilitate
        emergency medical care authorized by this chapter shall be
        liable for civil damages as a result of an act or omission,
        absent a showing of gross negligence or willful misconduct.
        This paragraph shall also apply to students enrolled in
        approved courses of instruction and supervised pursuant to
        rules and regulations.
            (3)  No approved EMS training institute nor any entity
        participating as part of any approved educational program
        offered by the institute as authorized by this chapter shall
        be liable for any civil damages as a result of primary and
        continuing educational practice by duly enrolled students
        under proper supervision, absent a showing of gross
        negligence or willful misconduct.
            (4)  No EMS provider who in good faith attempts to render
        emergency care authorized by this chapter at an emergency
        scene while en route to a place of employment shall receive
        any form of reprimand or penalty by an employer as a result
        of late arrival at the place of employment. An employer may
        require written verification from the EMS provider who shall
        obtain the written verification from either the police
        officer or other person who is in charge at the emergency
        scene.
            (5)  No EMS agency medical director or regional medical
        director who in good faith gives instructions to or provides
        primary and continuing educational training to an EMS
        provider shall be liable for civil damages for issuing the
        instructions, education or training, absent a showing of
        gross negligence or willful misconduct.
            (6)  Neither the department, the Commonwealth EMS Medical
        Director, a regional EMS council medical director nor any
        other official or employee of the department or a regional
        EMS council shall be liable for civil damages arising out of
        an EMS provider or a student enrolled in an EMS course of
        instruction approved by the department following protocols
        approved under this chapter.
            (7)  No EMS provider or EMS agency may be subject to
        civil liability based solely on failure to obtain consent in
        rendering EMS to any person, regardless of age, where the
        person is unable to give consent for any reason, including
        minority, and where there is no other person reasonably
        available who is legally authorized to give or refuse to give
        consent, if the EMS provider has acted in good faith and
        without knowledge of facts negating consent.
            (8)  No EMS provider or EMS agency may be subject to
        civil liability based solely on refusal to provide treatment
        or services requested by the patient or the person
        responsible for making medical care decisions for the patient
        if the treatment or services requested are not prescribed or
        authorized by Statewide or regional protocols established
        under this chapter and the EMS provider has:
                (i)  contacted a medical command physician who
            refused to authorize the requested treatment or service;
            or
                (ii)  made a good faith effort to contact a medical
            command physician and was unable to do so.
            (9)  No dispatcher of EMS who in good faith collects
        information about a patient from a caller or makes dispatch
        assignments based upon the information collected may be
        subject to civil liability based upon the information
        collected or a dispatch assignment, absent a showing of gross
        negligence or willful misconduct.