Persons rendering emergency care or transportation – Immunity from liability – Exclusion. Any person, including but not limited to a volunteer provider of emergency or medical services, who without compensation or the expectation of compensation renders emergency care at the scene of an emergency or who participates in transporting, not for compensation, therefore an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or willful or wanton misconduct. Any person rendering emergency care during the course of regular employment and receiving compensation or expecting to receive compensation for rendering such care is excluded from the protection of this subsection.
Automatic External Defibrillator:
A person or entity who acquires a defibrillator shall ensure that:
- Expected AED users receive reasonable instruction in AED use and CPR by a course approved by the department of health;
- The AED is maintained and tested by the acquirer according to the manufacturer’s operational guidelines;
- Upon acquiring an AED, medical direction is enlisted by the acquirer from a licensed physician in the use of the AED and CPR.
- The person or entity who acquires an AED shall notify the local emergency medical services organization about the existence and the location of the defibrillator; and
- The AED user shall call 9-1-1 or its local equivalent as soon as possible after the emergency use of the defibrillator and shall assure that appropriate follow-up data is made available as requested by emergency medical service or other health care providers.
A person who uses an AED at the scene of an emergency and all other persons and entities providing services under this section are immune from civil liability for any personal injury that results from any act or omission in the use of the AED in an emergency setting. The immunity from civil liability does not apply if the acts or omissions amount to gross negligence or willful or wanton misconduct.