PRINTER'S NO. 3906
No. 2819 Session of 1998
INTRODUCED BY KENNEY, FAIRCHILD, HERSHEY, NAILOR, FLICK, MUNDY,
ORIE, FLEAGLE, FARGO, COY, WALKO, CLYMER, OLASZ, STERN, BARD,
HORSEY, MASLAND, ROSS, SURRA, ARGALL, BOSCOLA, MARSICO,
READSHAW, STEVENSON, SEYFERT, GODSHALL, KAISER, BELFANTI,
DEMPSEY, CLARK, E. Z. TAYLOR, McCALL, PLATTS, SANTONI,
HALUSKA, BEBKO-JONES, SAINATO, RUBLEY, STABACK, CAWLEY,
CORRIGAN, WOGAN, TIGUE, PETRONE, HARHART, FICHTER, MILLER,
BAKER, ADOLPH, ZUG, RAMOS, SCHULER, THOMAS, B. SMITH, EGOLF,
SCHRODER, BATTISTO, DALLY, SEMMEL, CHADWICK, CORNELL, DENT,
PESCI, GIGLIOTTI, J. TAYLOR, GEIST AND BARRAR,
SEPTEMBER 30, 1998
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 30, 1998
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for civil
3 immunity of school officers or employees relating to
4 emergency care, first aid and rescue.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 8337.1. Civil immunity of school officers or employees
10 relating to emergency care, first aid and rescue.
11 (a) General rule.--An officer or employee of a school who in
12 good faith believes that a student needs emergency care, first
13 aid or rescue and who provides such emergency care, first aid or
14 rescue to the student or who removes the student receiving such
1 emergency care, first aid or rescue to a hospital or other place
2 of medical care shall be immune from civil liability as a result
3 of any acts or omissions by the officer or employee, except any
4 acts or omissions intentionally designed to seriously harm or
5 any grossly negligent acts or omissions which result in serious
6 bodily harm to the student receiving emergency care.
7 (b) Definitions.--As used in this section, the following
8 words and phrases shall have the meanings given to them in this
9 subsection:
10 "Good faith." Includes, but not is limited to, a reasonable
11 nonmedical opinion that the immediacy of the situation is such
12 that the rendering of care should not be postponed.
13 "Officer or employee of a school." A school director,
14 principal, superintendent, teacher, guidance counselor, support
15 staff member or other educational or medical employee employed
16 in a day or residential school which provides preschool,
17 kindergarten, elementary or secondary education in this
18 Commonwealth, at either a public or nonpublic school.
19 Section 2. This act shall take effect in 60 days.
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