Section 9.59. Immunity from liability  


Latest version.
  • (a) Notwithstanding any inconsistent provision of any general, special
      or  local  law,  an  ambulance  service as defined by subdivision two of
      section three thousand one of the  public  health  law  and  any  member
      thereof  who is an emergency medical technician or an advanced emergency
      medical technician transporting a person to a hospital as authorized  by
      this  article, any peace officers, when acting pursuant to their special
      duties, any police officers, who are members  of  an  authorized  police
      department  or  force  or  of a sheriff's department, and any members of
      mobile crisis outreach teams approved by the  commissioner  pursuant  to
      section   9.58  of  this  article,  who  are  taking  into  custody  and
      transporting a person to a hospital as authorized by this article, or to
      a hospital or other facility as authorized  by  section  22.09  of  this
      chapter,  and  any  employee  of  a  licensed  comprehensive psychiatric
      emergency  program,  specially  trained  in  accordance  with  standards
      developed  by  the  commissioner, who transports a person to a hospital,
      shall not be liable for  damages  for  injuries  alleged  to  have  been
      sustained by such person or for the death of such person alleged to have
      occurred  by  reason of an act or omission unless it is established that
      such injuries or such death was caused by gross negligence on  the  part
      of   such  emergency  medical  technician,  advanced  emergency  medical
      technician, peace officer, police officer, mobile crisis  outreach  team
      member,  or  specially  trained  employee  of  a  licensed comprehensive
      psychiatric emergency program.
        (b) Nothing in this section shall be deemed to relieve  or  alter  the
      liability  of  any  such  ambulance  service  or  members thereof, peace
      officers, police officers or specially trained employees of  a  licensed
      comprehensive  psychiatric  emergency program for damages or injuries or
      death arising out of the operation of motor vehicles.
        * NB Effective until July 1, 2012