| 16 | 18 | | Relating to civil liability; to amend Section 6-5-332, |
|---|
| 17 | 19 | | Code of Alabama 1975, to limit the liability of members of |
|---|
| 18 | 20 | | FEMA-certified community emergency response teams who render |
|---|
| 19 | 21 | | emergency care under certain conditions. |
|---|
| 20 | 22 | | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
|---|
| 21 | 23 | | Section 1. Section 6-5-332, Code of Alabama 1975, is |
|---|
| 22 | 24 | | amended to read as follows: |
|---|
| 23 | 25 | | "ยง6-5-332 |
|---|
| 24 | 26 | | (a) When any doctor of medicine or dentistry, nurse, |
|---|
| 25 | 27 | | member of any organized rescue squad, member of any police or |
|---|
| 26 | 28 | | fire department, member of any organized volunteer fire |
|---|
| 27 | 29 | | department, member of any community emergency response team |
|---|
| 28 | 30 | | certified by the Federal Emergency Management Agency, |
|---|
| 29 | 31 | | Alabama-licensed emergency medical technician, intern, or |
|---|
| 30 | 32 | | resident practicing in an Alabama hospital with training |
|---|
| 31 | 33 | | programs approved by the American Medical Association, Alabama |
|---|
| 32 | 34 | | state trooper, medical aidmanaid functioning as a part of the |
|---|
| 33 | 35 | | military assistance to safety and traffic program, |
|---|
| 34 | 36 | | chiropractor, or public education employee gratuitously and in |
|---|
| 35 | | - | good faith, renders first aid or emergency care at the scene |
|---|
| 36 | | - | of an accident, casualty, or disaster to a an injured person |
|---|
| 37 | | - | individual injured therein , he or she shall not be liable for |
|---|
| 38 | | - | any civil damages as a result of his or her acts or omissions |
|---|
| 39 | | - | in rendering first aid or emergency care, nor shall he or she |
|---|
| 40 | | - | be liable for any civil damages as a result of any act or |
|---|
| 66 | + | chiropractor, or public education employee gratuitously and in |
|---|
| 67 | + | good faith, renders first aid or emergency care at the scene |
|---|
| 68 | + | of an accident, casualty, or disaster to a an injured person |
|---|
| 69 | + | individual injured therein , he or she shall not be liable for |
|---|
| 70 | + | any civil damages as a result of his or her acts or omissions |
|---|
| 71 | + | in rendering first aid or emergency care, nor shall he or she |
|---|
| 70 | 72 | | be liable for any civil damages as a result of any act or |
|---|
| 71 | 73 | | failure to act to provide or arrange for further medical |
|---|
| 72 | 74 | | treatment or care for the injured person individual. |
|---|
| 73 | 75 | | (b) Any member of the crew of a helicopter which that |
|---|
| 74 | 76 | | is used in the performance of military assistance to safety |
|---|
| 75 | 77 | | and traffic programs and is engaged in the performance of |
|---|
| 76 | 78 | | emergency medical service acts shall be exempt from personal |
|---|
| 77 | 79 | | liability for any property damages caused by helicopter |
|---|
| 78 | 80 | | downwash or by persons individuals disembarking from the |
|---|
| 79 | 81 | | helicopter. |
|---|
| 80 | 82 | | (c) When any physician gratuitously advises medical |
|---|
| 81 | 83 | | personnel at the scene of an emergency episode by direct voice |
|---|
| 82 | 84 | | contact, to render medical assistance based upon information |
|---|
| 83 | 85 | | received by voice or biotelemetry equipment, the actions |
|---|
| 84 | 86 | | ordered taken by the physician to sustain life or reduce |
|---|
| 85 | 87 | | disability shall not be considered liable when the actions are |
|---|
| 86 | 88 | | within the established medical procedures. |
|---|
| 87 | 89 | | (d) Any person individual who is qualified by a federal |
|---|
| 88 | 90 | | or state agency to perform mine rescue planning and recovery |
|---|
| 89 | 91 | | operations, including mine rescue instructors and mine rescue |
|---|
| 90 | 92 | | team members, and any person individual designated by an |
|---|
| 91 | 93 | | operator furnishing a mine rescue team to supervise, assist in |
|---|
| 92 | 94 | | planning, or provide service thereto, who, in good faith, |
|---|
| 128 | 130 | | responsible for an overall mine rescue operation, including an |
|---|
| 129 | 131 | | operator of an affected facility and any person individual |
|---|
| 130 | 132 | | assuming responsibility therefor under federal or state |
|---|
| 131 | 133 | | statutes or regulations. |
|---|
| 132 | 134 | | (e) A personAn individual or entity, who, in good |
|---|
| 133 | 135 | | faith, and without compensation renders emergency care or |
|---|
| 134 | 136 | | treatment to a person an individual suffering or appearing to |
|---|
| 135 | 137 | | suffer from cardiac arrest, which may include the use of an |
|---|
| 136 | 138 | | automated external defibrillator, shall be immune from civil |
|---|
| 137 | 139 | | liability for any personal injury as a result of care or |
|---|
| 138 | 140 | | treatment or as a result of any act or failure to act in |
|---|
| 139 | 141 | | providing or arranging further medical treatment where the |
|---|
| 140 | 142 | | person individual acts as an ordinary prudent person |
|---|
| 141 | 143 | | individual would have acted under the same or similar |
|---|
| 142 | 144 | | circumstances, except damages that may result from the gross |
|---|
| 143 | 145 | | negligence of the person individual rendering emergency care. |
|---|
| 144 | 146 | | This immunity shall extend to the licensed physician or |
|---|
| 145 | 147 | | medical authority who is involved in automated external |
|---|
| 146 | 148 | | defibrillator site placement, the person individual who |
|---|
| 147 | 149 | | provides training in CPR and the use of the automated external |
|---|
| 148 | 150 | | defibrillator, and the person individual or entity responsible |
|---|
| 149 | 151 | | for the site where the automated external defibrillator is |
|---|
| 150 | 152 | | located. This subsection specifically excludes from the |
|---|
| 186 | 188 | | surveyor, licensed contractor, licensed subcontractor, or |
|---|
| 187 | 189 | | other individual working under the direct supervision of the |
|---|
| 188 | 190 | | licensed individual who participates in emergency response |
|---|
| 189 | 191 | | activities under the direction of, or in connection with, a |
|---|
| 190 | 192 | | community emergency response team certified by the Federal |
|---|
| 191 | 193 | | Emergency Management Agency , county emergency management |
|---|
| 192 | 194 | | agency, the state emergency management agency, or the Federal |
|---|
| 193 | 195 | | Emergency Management Agency shall not be liable for any civil |
|---|
| 194 | 196 | | damages as a result of any acts, services, or omissions |
|---|
| 195 | 197 | | provided without compensation, in such capacity if the |
|---|
| 196 | 198 | | individual acts as a reasonably prudent person individual |
|---|
| 197 | 199 | | would have acted under the same or similar circumstances. The |
|---|
| 198 | 200 | | immunity provided in this subsection shall apply to any acts, |
|---|
| 199 | 201 | | services, or omissions provided within 90 days after |
|---|
| 200 | 202 | | declaration of the emergency. |
|---|
| 201 | 203 | | (g) Any person individual, who, in good faith, renders |
|---|
| 202 | 204 | | emergency care at the scene of an accident or emergency to the |
|---|
| 203 | 205 | | victim or victims thereof without making any charge of goods |
|---|
| 204 | 206 | | or services therefor shall not be liable for any civil damages |
|---|
| 205 | 207 | | as a result of any act or omission by the person individual in |
|---|
| 206 | 208 | | rendering emergency care or as a result of any act or failure |
|---|
| 207 | 209 | | to act to provide or arrange for further medical treatment or |
|---|
| 208 | 210 | | care for the injured person individual if the individual acts |
|---|