Section 3000-A. Emergency medical treatment  


Latest version.
  • 1.  Except  as provided in
      subdivision six of section six thousand six hundred eleven,  subdivision
      two  of  section six thousand five hundred twenty-seven, subdivision one
      of section six thousand nine hundred nine and sections six thousand five
      hundred forty-seven and six thousand seven hundred thirty-seven  of  the
      education  law,  any  person  who voluntarily and without expectation of
      monetary compensation renders first aid or emergency  treatment  at  the
      scene  of  an  accident  or other emergency outside a hospital, doctor's
      office or any other place having proper and necessary medical equipment,
      to a person who is unconscious, ill, or injured, shall not be liable for
      damages for injuries alleged to have been sustained by  such  person  or
      for  damages  for  the  death of such person alleged to have occurred by
      reason of an  act  or  omission  in  the  rendering  of  such  emergency
      treatment unless it is established that such injuries were or such death
      was  caused  by  gross negligence on the part of such person. Nothing in
      this section  shall  be  deemed  or  construed  to  relieve  a  licensed
      physician,  dentist, nurse, physical therapist or registered physician's
      assistant from liability for damages for injuries or death caused by  an
      act  or omission on the part of such person while rendering professional
      services in the normal and ordinary course of his or her practice.
        2. (i) A person who, or  entity,  partnership,  corporation,  firm  or
      society  that, purchases or makes available resuscitation equipment that
      facilitates  first  aid,  an  automated  external  defibrillator  or  an
      epinephrine  auto-injector  device  as required by or pursuant to law or
      local  law,  or  (ii)  an  emergency  health  care  provider   under   a
      collaborative  agreement  pursuant  to  section three thousand-b of this
      article with respect to an automated external  defibrillator,  or  (iii)
      the  emergency health care provider with a collaborative agreement under
      section three thousand-c of this article  with  respect  to  use  of  an
      epinephrine  auto-injector  device,  shall  not  be  liable  for damages
      arising  either  from  the  use  of  that  equipment  by  a  person  who
      voluntarily  and  without  expectation  of monetary compensation renders
      first aid or emergency treatment at the scene of an accident or  medical
      emergency,  or  from  the  use  of  defectively  manufactured equipment;
      provided that this subdivision shall not limit the person's or entity's,
      partnership's, corporation's, firm's, society's or the emergency  health
      care  provider's  liability  for  his,  her or its own negligence, gross
      negligence or intentional misconduct.