Connecticut 2012 Regular Session

Connecticut House Bill HB05506 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 5506
2		-	February Session, 2012 _____HB05506JUD___032712____
	1	+	General Assembly Raised Bill No. 5506
	2	+	February Session, 2012 LCO No. 2218
	3	+	02218_______JUD
	4	+	Referred to Committee on Judiciary
	5	+	Introduced by:
	6	+	(JUD)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 5506
	10	+	Raised Bill No. 5506
7	11
8	12		February Session, 2012
9	13
10		-	_____HB05506JUD___032712____
	14	+	LCO No. 2218
	15	+
	16	+	02218_______JUD
	17	+
	18	+	Referred to Committee on Judiciary
	19	+
	20	+	Introduced by:
	21	+
	22	+	(JUD)
11	23
12	24		AN ACT CONCERNING GOOD SAMARITAN PROTECTIONS.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
15	27
16	28		Section 1. Subsection (a) of section 52-557b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
17	29
18	30		(a) A person licensed to practice medicine and surgery under the provisions of chapter 370 or dentistry under the provisions of section 20-106 or members of the same professions licensed to practice in any other state of the United States, a person licensed as a registered nurse under section 20-93 or 20-94 or certified as a licensed practical nurse under section 20-96 or 20-97, a medical technician or any person operating a cardiopulmonary resuscitator or a person trained in cardiopulmonary resuscitation in accordance with the [standards] guidelines set forth by the American Red Cross or American Heart Association, or a person operating an automatic external defibrillator, who, voluntarily and gratuitously and other than in the ordinary course of such person's employment or practice, renders emergency medical or professional assistance to a person in need thereof, shall not be liable to such person assisted for civil damages for any personal injuries which result from acts or omissions by such person in rendering the emergency care, which may constitute ordinary negligence. A person or entity that provides or maintains an automatic external defibrillator shall not be liable for the acts or omissions of the person or entity in providing or maintaining the automatic external defibrillator, which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross, wilful or wanton negligence. With respect to the use of an automatic external defibrillator, the immunity provided in this subsection shall only apply to acts or omissions involving the use of an automatic external defibrillator in the rendering of emergency care. Nothing in this subsection shall be construed to exempt paid or volunteer firefighters, police officers or emergency medical services personnel from completing training in cardiopulmonary resuscitation or in the use of an automatic external defibrillator in accordance with the [standard] guidelines set forth by the American Red Cross or American Heart Association. For the purposes of this subsection, "automatic external defibrillator" means a device that: (1) Is used to administer an electric shock through the chest wall to the heart; (2) contains internal decision-making electronics, microcomputers or special software that allows it to interpret physiologic signals, make medical diagnosis and, if necessary, apply therapy; (3) guides the user through the process of using the device by audible or visual prompts; and (4) does not require the user to employ any discretion or judgment in its use.
19	31
20	32		Sec. 2. (NEW) (Effective October 1, 2012) (a) For purposes of this section:
21	33
22	34		(1) "Political subdivision" means any city, town, municipality, borough or other unit of local government; and
23	35
24		-	(2) "Temporary emergency shelter" means ~~a facility that provides~~ emergency shelter for a specified, limited period of time.
	36	+	(2) "Temporary emergency shelter" means facilities which provide emergency shelter for a specified, limited period of time.
25	37
26		-	(b) In the event that the Governor declares the existence of a civil preparedness emergency, pursuant to section 28-9 of the general statutes, and (1) the chief elected official or the chief executive officer of a political subdivision of the state, or (2) a nonprofit organization which is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 ~~or any subsequent corresponding internal revenue code of the United States~~, as from time to time amended, establishes one or more temporary emergency shelters for the benefit of residents of the state, any employee, officer or agent of the political subdivision, any employee, officer or agent of the nonprofit organization, or any volunteer assisting the political subdivision or nonprofit organization in the operation of a temporary emergency shelter, who renders assistance to a resident taking refuge at such temporary emergency shelter, shall not be liable to such resident assisted for civil damages for any personal injuries which result from acts or omissions by such employee, officer, agent or volunteer in rendering assistance to such resident which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross, wilful or wanton negligence.
	38	+	(b) In the event that the Governor declares the existence of a civil preparedness emergency, pursuant to section 28-9 of the general statutes, and (1) the chief elected official or the chief executive officer of a political subdivision of the state, or (2) a nonprofit organization which is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as from time to time amended, establishes one or more temporary emergency shelters for the benefit of residents of the state, any employee, officer or agent of the political subdivision, any employee, officer or agent of the nonprofit organization, or any volunteer assisting the political subdivision or nonprofit organization in the operation of a temporary emergency shelter, who renders assistance to a resident taking refuge at such temporary emergency shelter, shall not be liable to such resident assisted for civil damages for any personal injuries which result from acts or omissions by such employee, officer, agent or volunteer in rendering assistance to such resident which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross, wilful or wanton negligence.
27	39
28	40
29	41
30	42
31	43		This act shall take effect as follows and shall amend the following sections:
32	44		Section 1 from passage 52-557b(a)
33	45		Sec. 2 October 1, 2012 New section
34	46
35	47		This act shall take effect as follows and shall amend the following sections:
36	48
37	49		Section 1
38	50
39	51		from passage
40	52
41	53		52-557b(a)
42	54
43	55		Sec. 2
44	56
45	57		October 1, 2012
46	58
47	59		New section
48	60
49		-	Statement of ~~Legislative Commissioners~~:
	61	+	Statement of Purpose:
50	62
51		-	In section ~~2(b), the phrase "or any subsequent corresponding internal revenue code~~ of the ~~United States~~,~~" was added~~ after ~~"1986," for accuracy~~.
	63	+	To (1) amend section 52-557b of the general statutes to properly reflect that the American Red Cross and the American Heart Association publish guidelines relating to cardiopulmonary resuscitation training, and (2) to extend good samaritan protections to certain individuals who provide assistance at temporary emergency shelters established after the Governor has declared a civil preparedness emergency.
52	64
53		-
54		-
55		-	JUD Joint Favorable Subst.-LCO
56		-
57		-	JUD
58		-
59		-	Joint Favorable Subst.-LCO
	65	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]