27-1-714. Limits on liability for emergency care rendered at scene of accident or emergency.
(1) Any person licensed as a physician and surgeon under the laws of the state of Montana, any volunteer firefighter or officer of any nonprofit volunteer fire company, or any other person who in good faith renders emergency care or assistance without compensation except as provided in subsection (2) at the scene of an emergency or accident is not liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by the person in rendering the emergency care or assistance.
(2) Subsection (1) includes a person properly trained under the laws of this state who operates an ambulance to and from the scene of an emergency or renders emergency medical treatment on a volunteer basis so long as the total reimbursement received for the volunteer services does not exceed 25% of the person’s gross annual income or $3,000 a calendar year, whichever is greater.
(3) If a nonprofit subscription fire company refuses to fight a fire on nonsubscriber property, the refusal does not constitute gross negligence or a willful or wanton act or omission.
Automatic External Defibrillator:
House Bill 126 (1999)
In order for an entity to use or allow the use of an automated external defibrillator, the entity shall:
- Establish a program for the use of an AED that includes a written plan and rules adopted by the department. The plan must specify:
- Where the AED will be placed;
- The individuals who are authorized to operate the AED;
- How AED use will be coordinated with an emergency medical service providing services in the area where the AED is located;
- The medical supervision that will be provided;
- The maintenance that will be performed on the AED;
- Records that will be kept by the program;
- Reports that will be made of AED use;
- The name, location, and telephone number of a physician, or other individual designated by the physician, designated to provide medical supervision of the AED program; and
- Other matters as specified by the department
- Ensure that before using the AED, an individual authorized to operate the AED receives appropriate training approved by the department in cardiopulmonary resuscitation and the proper use of an AED.
- Maintain, test, and operate the AED according to the manufacturer’s guidelines and maintain written records of all maintenance and testing performed on the AED.
- Each time an AED is used for an individual in cardiac arrest, require that an emergency medical service is summoned to provide assistance as soon as possible and that the AED use is reported to the supervising physician or the person designated by the physician and to the department as required by the written plan;
- Before allowing any use of an AED, provide the following to all licensed emergency medical services and any public safety answering point or emergency dispatch center providing services to the area where the AED is located:
- A copy of the plan prepared pursuant to this section; and
- Written notice, in a format prescribed by department rules, stating that an AED program is established by the entity, where the AED is located, and how the use of the AED is to be coordinated with the local emergency medical service system.
An individual who provides emergency care or treatment by using an AED in compliance with [sections 2 through 7] and an individual providing CPR to an individual upon whom an AED is or may be used are immune from civil liability for a personal injury that results from that care or treatment or from civil liability as a result of any act or failure to act in providing or arranging further medical treatment for the individual upon whom the AED was used unless the individual using the AED or the person providing cardiopulmonary resuscitation, as applicable, acts with gross negligence or with willful or with wanton disregard for the care of the person upon whom the AED is or may be used.
The following individuals or entities are immune from civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if applicable provisions of [sections 2 through 7] have been met by the individual or entity.
- The physician supervising the AED program or the person designated by a physician to supervise the program.
- The entity responsible for the AED program.
- An individual providing training to others on the use of an AED.