SB105INTRODUCED
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SB105
KIHF5AU-1
By Senators Singleton, Orr
RFD: County and Municipal Government
First Read: 15-Feb-24
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5 KIHF5AU-1 02/09/2024 CMH (L) bm 2024-426
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First Read: 15-Feb-24
SYNOPSIS:
Under existing law, when certain individuals,
including any doctor or member of a rescue squad, law
enforcement agency, or fire department, render
gratuitous first aid or emergency care to an injured
person at the scene of an accident, casualty, or
disaster, that individual is not liable for civil
damages as a result of any act or failure to act or
care for the injured person.
This bill would include members of any community
emergency response team within the list of persons
protected from civil liability for rendering emergency
care at the scene of an accident or disaster.
A BILL
TO BE ENTITLED
AN ACT
Relating to civil liability; to amend Section 6-5-332,
Code of Alabama 1975, to limit the liability of members of
community emergency response teams who render emergency care
under certain conditions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 6-5-332, Code of Alabama 1975, is
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Section 1. Section 6-5-332, Code of Alabama 1975, is
amended to read as follows:
"ยง6-5-332
(a) When any doctor of medicine or dentistry, nurse,
member of any organized rescue squad, member of any police or
fire department, member of any organized volunteer fire
department, member of any community emergency response team,
Alabama-licensed emergency medical technician, intern, or
resident practicing in an Alabama hospital with training
programs approved by the American Medical Association, Alabama
state trooper, medical aidmanaid functioning as a part of the
military assistance to safety and traffic program,
chiropractor, or public education employee gratuitously and in
good faith, renders first aid or emergency care at the scene
of an accident, casualty, or disaster to a an injured person
individual injured therein , he or she shall not be liable for
any civil damages as a result of his or her acts or omissions
in rendering first aid or emergency care, nor shall he or she
be liable for any civil damages as a result of any act or
failure to act to provide or arrange for further medical
treatment or care for the injured person individual.
(b) Any member of the crew of a helicopter which that
is used in the performance of military assistance to safety
and traffic programs and is engaged in the performance of
emergency medical service acts shall be exempt from personal
liability for any property damages caused by helicopter
downwash or by persons individuals disembarking from the
helicopter.
(c) When any physician gratuitously advises medical
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(c) When any physician gratuitously advises medical
personnel at the scene of an emergency episode by direct voice
contact, to render medical assistance based upon information
received by voice or biotelemetry equipment, the actions
ordered taken by the physician to sustain life or reduce
disability shall not be considered liable when the actions are
within the established medical procedures.
(d) Any person individual who is qualified by a federal
or state agency to perform mine rescue planning and recovery
operations, including mine rescue instructors and mine rescue
team members, and any person individual designated by an
operator furnishing a mine rescue team to supervise, assist in
planning, or provide service thereto, who, in good faith,
performs or fails to perform any act or service in connection
with mine rescue planning and recovery operations shall not be
liable for any civil damages as a result of any acts or
omissions. Nothing contained in this subsection shall be
construed to exempt from liability any person individual
responsible for an overall mine rescue operation, including an
operator of an affected facility and any person individual
assuming responsibility therefor under federal or state
statutes or regulations.
(e) A personAn individual or entity, who, in good
faith, and without compensation renders emergency care or
treatment to a person an individual suffering or appearing to
suffer from cardiac arrest, which may include the use of an
automated external defibrillator, shall be immune from civil
liability for any personal injury as a result of care or
treatment or as a result of any act or failure to act in
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treatment or as a result of any act or failure to act in
providing or arranging further medical treatment where the
person individual acts as an ordinary prudent person
individual would have acted under the same or similar
circumstances, except damages that may result from the gross
negligence of the person individual rendering emergency care.
This immunity shall extend to the licensed physician or
medical authority who is involved in automated external
defibrillator site placement, the person individual who
provides training in CPR and the use of the automated external
defibrillator, and the person individual or entity responsible
for the site where the automated external defibrillator is
located. This subsection specifically excludes from the
provision of immunity any designers, manufacturers, or sellers
of automated external defibrillators for any claims that may
be brought against such entities based upon current Alabama
state law.
(f) Any licensed engineer, licensed architect, licensed
surveyor, licensed contractor, licensed subcontractor, or
other individual working under the direct supervision of the
licensed individual who participates in emergency response
activities under the direction of, or in connection with, a
community emergency response team, county emergency management
agency, the state emergency management agency, or the Federal
Emergency Management Agency shall not be liable for any civil
damages as a result of any acts, services, or omissions
provided without compensation, in such capacity if the
individual acts as a reasonably prudent person individual
would have acted under the same or similar circumstances. The
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would have acted under the same or similar circumstances. The
immunity provided in this subsection shall apply to any acts,
services, or omissions provided within 90 days after
declaration of the emergency.
(g) Any person individual, who, in good faith, renders
emergency care at the scene of an accident or emergency to the
victim or victims thereof without making any charge of goods
or services therefor shall not be liable for any civil damages
as a result of any act or omission by the person individual in
rendering emergency care or as a result of any act or failure
to act to provide or arrange for further medical treatment or
care for the injured person individual if the individual acts
as a reasonably prudent person individual would have acted
under the same or similar circumstances."
Section 2. This act shall become effective October 1,
2024.
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