Section 3013. Immunity from liability  


Latest version.
  • 1. Notwithstanding any inconsistent
      provision of any general, special or local law,  a  voluntary  ambulance
      service  or  voluntary  advanced  life  support  first  response service
      described in section three thousand one of this article and  any  member
      thereof  who  is  a  certified  first  responder,  an  emergency medical
      technician, an advanced emergency medical technician or a person  acting
      under  the  direction  of  an  emergency  medical technician or advanced
      emergency  medical  technician  and  who  voluntarily  and  without  the
      expectation  of  monetary  compensation renders medical assistance in an
      emergency 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
      medical assistance in an emergency unless it is  established  that  such
      injuries  were  or such death was caused by gross negligence on the part
      of such certified  first  responder,  emergency  medical  technician  or
      advanced  emergency  medical  technician  or  person  acting  under  the
      direction of an  emergency  medical  technician  or  advanced  emergency
      medical technician.
        2.  Nothing  in  this  section  shall  be  deemed  to relieve any such
      voluntary ambulance service or voluntary  advanced  life  support  first
      response  service from liability for damages or injuries or death caused
      by an act or omission on the part of any person other than  a  certified
      first  responder,  an  emergency  medical technician, advanced emergency
      medical technician or person acting under the direction of an  emergency
      medical  technician  or  advanced emergency medical technician acting in
      behalf of the voluntary ambulance service  or  voluntary  advanced  life
      support first response service.
        3.  Nothing  in  this  section shall be deemed to relieve or alter the
      liability of any such voluntary ambulance service or members for damages
      or injuries or death arising out of the operation of motor vehicles.
        4. A  certified  first  responder,  emergency  medical  technician  or
      advanced  emergency  medical  technician,  whether  or  not he or she is
      acting on behalf of an ambulance service or advanced life support  first
      response  service,  who  voluntarily  and  without  the  expectation  of
      monetary compensation renders medical assistance in an  emergency  to  a
      person  who  is  unconscious,  ill  or  injured  shall not be liable for
      damages 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 medical  assistance  in  an  emergency
      unless  it  is  established  that  such  injuries were or such death was
      caused  by  gross  negligence  on  the  part  of  such  certified  first
      responder,  emergency  medical  technician or advanced emergency medical
      technician.
        5. Notwithstanding any inconsistent provision of any general,  special
      or  local law, any physician who voluntarily and without the expectation
      of monetary compensation provides indirect medical control,  as  defined
      in paragraph (b) of subdivision fifteen of section three thousand one of
      this  article,  to  a  voluntary ambulance service or voluntary advanced
      life support first response service described in section three  thousand
      one  of  this  article  shall  not be liable for damages for injuries or
      death alleged to have been sustained by any person as a result  of  such
      medical  direction  unless it is established that such injuries or death
      were caused by gross negligence on the part of such physician.
        6. The availability  of  an  award  or  other  benefit  under  article
      eleven-AA  or  article eleven-AAA of the general municipal law shall not
      be deemed monetary compensation for the purposes of this section.