24-10-3. Persons coming to aid or rescue of another rendering emergency care; release from liability.
No person who comes to the aid or rescue of another person by providing care or assistance in good faith at or near the scene of an emergency, as defined in Section 24-10-4 NMSA 1978, shall be held liable for any civil damages as a result of any action or omission by that person in providing that care or assistance, except when liable for an act of gross negligence; but nothing in this section applies to the provision of emergency care or assistance when it is rendered for remuneration or with the expectation of remuneration or is rendered by a person or agent of a principal who was at the scene of the accident or emergency because he or his principal was soliciting business or performing or seeking to perform some services for remuneration.
Automatic External Defibrillator:
House Bill 375 (1999)
A person who acquires an AED shall ensure that:
- A physician medical director oversees all aspects of the AED program including training, emergency medical services, protocol approval, AED deployment strategies, and other program requirements, and that the physician medical director provides overall quality assurance and reviews each case in which the AED is used.
- The trained target responder must have received appropriate training in CPR and use of an AED by a nationally recognized course.
- The AED must be maintained and tested according to its manufacturer’s guidelines.
- Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED activates the emergency medical system as soon as possible and reports any clinical use of the AED to the physician medical director.
- The AED Program is registered with the Department using the application format outlined in Appendix A., and pay registration fees, as outlined in this regulation; report all operational uses of the AED to the Department using the reporting format outlined in Appendix B.
A physician medical director of an AED program, a person who provides training in CPR, and the use of an AED and a person responsible for an AED program are immune from civil liability for any personal injury or death that results from any act or failure to act that does not amount to willful or wanton misconduct or gross negligence provided there is compliance to the above regulations.
An owner of the property or facility where an AED is located is immune from civil liability for any personal injury or death that results from any act or failure to act that does not amount to willful or wanton misconduct or gross negligence provided there is compliance to the above regulations.
An AED targeted trained responder is immune from civil liability for any personal injury or death that results from an act or failure to act if:
- The trained targeted responder acts as an ordinary, reasonable prudent person would act under the same or similar circumstances;
- The trained targeted responder’s act or failure to act does not amount to willful or wanton misconduct or gross negligence.