SENATE AMENDED
PRIOR PRINTER'S NOS. 1427, 2405, 3072 PRINTER'S NO. 3393
No. 1205 Session of 1977
INTRODUCED BY MESSRS. LETTERMAN, A. K. HUTCHINSON, PETRARCA,
BERLIN, KOLTER AND REED, JUNE 6, 1977
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 12, 1978
AN ACT
1 Amending the act of September 9, 1965 (P.L.498, No.252), <--
2 entitled, as amended, "An act exempting certain firemen,
3 policemen, volunteer ambulance and rescue squad personnel and
4 National Ski Patrol personnel from civil liability when
5 rendering emergency care, first aid and rescue in the
6 performance of their duties except in certain instances,"
7 extending the provisions of the act.
8 AMENDING TITLE 42 (JUDICIARY AND JUDICIAL PROCEDURE) OF THE <--
9 PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER PROVIDING FOR
10 NONMEDICAL GOOD SAMARITAN CIVIL IMMUNITY.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. The title and section 1, act of September 9, 1965 <--
14 (P.L.498, No.252), entitled, as amended, "An act exempting
15 certain firemen, policemen, volunteer ambulance and rescue squad
16 personnel and National Ski Patrol personnel from civil liability
17 when rendering emergency care, first aid and rescue in the
18 performance of their duties except in certain instances,"
19 amended June 17, 1971 (P.L.169, No.14), are amended to read:
20 AN ACT
21 Exempting certain [firemen, policemen, volunteer ambulance and
1 rescue squad personnel and National Ski Patrol personnel]
2 persons from civil liability when rendering emergency care,
3 first aid and rescue [in the performance of their duties]
4 except in certain instances.
5 Section 1. Any [fireman, policeman, member of a volunteer
6 ambulance or rescue squad or member of the National Ski Patrol]
7 person who renders emergency care, first aid or rescue [while in
8 the performance of his duties] at the scene of an emergency, or
9 moves the person receiving such care, first aid and rescue to a
10 hospital or other place of medical care, shall not be liable to
11 such person for any civil damages as a result of any acts or
12 omissions in rendering the emergency care, first aid or rescue,
13 or moving the person receiving the same to a hospital or other
14 place of medical care, except any acts or omissions
15 intentionally designed to harm or any grossly negligent acts or
16 omissions which result in harm to the person receiving the
17 emergency care, first aid or rescue, or being moved to a
18 hospital or other place of medical care, but nothing herein
19 shall relieve a driver of an ambulance or other emergency or
20 rescue vehicle from liability arising from operation or use of
21 such vehicle. In order for [any fireman, policeman, member of a
22 volunteer ambulance or rescue squad or member of the National
23 Ski Patrol] such person to receive the benefit of the exemption
24 from civil liability provided for in this act, he must [first
25 have taken and successfully completed a standard first aid
26 course recognized or approved by the American Red Cross and
27 further he shall have a valid certification from the American
28 Red Cross that he has successfully completed any necessary
29 training or refresher courses, or shall have successfully
30 completed a first aid course having standards at least equal to
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1 a first aid course recognized or approved by the American Red
2 Cross.] be, at the time of rendering the emergency care, first
3 aid or rescue OR MOVING THE PERSON RECEIVING SUCH CARE, FIRST <--
4 AID AND RESCUE TO A HOSPITAL OR OTHER PLACE OF MEDICAL CARE, the
5 holder of a current certificate evidencing his successful
6 completion of a course in first aid, advanced life saving or
7 basic life support sponsored by the American National Red Cross
8 or the American Heart Association or an equivalent course of
9 instruction approved by the Secretary of Health in consultation
10 with a technical committee of the Pennsylvania Emergency Health
11 Services Council and must be performing techniques and employing
12 procedures consistent with the nature and level of the training
13 for which the certificate has been issued.
14 SECTION 1. SECTION 8332 OF TITLE 42, ACT OF NOVEMBER 25, <--
15 1970 (P.L.707, NO.230), KNOWN AS THE PENNSYLVANIA CONSOLIDATED
16 STATUTES, IS AMENDED TO READ:
17 § 8332. NONMEDICAL GOOD SAMARITAN CIVIL IMMUNITY.
18 (A) GENERAL RULE.--ANY [FIREMAN, POLICEMAN, MEMBER OF A
19 VOLUNTEER AMBULANCE OR RESCUE SQUAD OR MEMBER OF THE NATIONAL
20 SKI PATROL] PERSON WHO RENDERS EMERGENCY CARE, FIRST AID OR
21 RESCUE [WHILE IN THE PERFORMANCE OF HIS DUTIES] AT THE SCENE OF
22 AN EMERGENCY, OR MOVES THE PERSON RECEIVING SUCH CARE, FIRST AID
23 AND RESCUE TO A HOSPITAL OR OTHER PLACE OF MEDICAL CARE, SHALL
24 NOT BE LIABLE TO SUCH PERSON FOR ANY CIVIL DAMAGES AS A RESULT
25 OF ANY ACTS OR OMISSIONS IN RENDERING THE EMERGENCY CARE, FIRST
26 AID OR RESCUE, OR MOVING THE PERSON RECEIVING THE SAME TO A
27 HOSPITAL OR OTHER PLACE OF MEDICAL CARE, EXCEPT ANY ACTS OR
28 OMISSIONS INTENTIONALLY DESIGNED TO HARM OR ANY GROSSLY
29 NEGLIGENT ACTS OR OMISSIONS WHICH RESULT IN HARM TO THE PERSON
30 RECEIVING THE EMERGENCY CARE, FIRST AID OR RESCUE OR BEING MOVED
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1 TO A HOSPITAL OR OTHER PLACE OF MEDICAL CARE.
2 (B) EXCEPTIONS.--
3 (1) THIS SECTION SHALL NOT RELIEVE A DRIVER OF AN
4 AMBULANCE OR OTHER EMERGENCY OR RESCUE VEHICLE FROM LIABILITY
5 ARISING FROM OPERATION OR USE OF SUCH VEHICLE.
6 (2) IN ORDER FOR ANY [FIREMAN, POLICEMAN, MEMBER OF A
7 VOLUNTEER AMBULANCE OR RESCUE SQUAD OR MEMBER OF THE NATIONAL
8 SKI PATROL] PERSON TO RECEIVE THE BENEFIT OF THE EXEMPTION
9 FROM CIVIL LIABILITY PROVIDED FOR IN SUBSECTION (A), HE SHALL
10 [FIRST HAVE TAKEN AND SUCCESSFULLY COMPLETED A STANDARD FIRST
11 AID COURSE RECOGNIZED OR APPROVED BY THE AMERICAN RED CROSS
12 AND FURTHER HE SHALL HAVE A VALID CERTIFICATION FROM THE
13 AMERICAN RED CROSS THAT HE HAS SUCCESSFULLY COMPLETED ANY
14 NECESSARY TRAINING OR REFRESHER COURSES, OR SHALL HAVE
15 SUCCESSFULLY COMPLETED A FIRST AID COURSE HAVING STANDARDS AT
16 LEAST EQUAL TO A FIRST AID COURSE RECOGNIZED OR APPROVED BY
17 THE AMERICAN RED CROSS.] BE, AT THE TIME OF RENDERING THE
18 EMERGENCY CARE, FIRST AID OR RESCUE OR MOVING THE PERSON
19 RECEIVING EMERGENCY CARE, FIRST AID OR RESCUE TO A HOSPITAL
20 OR OTHER PLACE OF MEDICAL CARE, THE HOLDER OF A CURRENT
21 CERTIFICATE EVIDENCING THE SUCCESSFUL COMPLETION OF A COURSE
22 IN FIRST AID, ADVANCED LIFE SAVING OR BASIC LIFE SUPPORT
23 SPONSORED BY THE AMERICAN NATIONAL RED CROSS OR THE AMERICAN
24 HEART ASSOCIATION OR AN EQUIVALENT COURSE OF INSTRUCTION
25 APPROVED BY THE DEPARTMENT OF HEALTH IN CONSULTATION WITH A
26 TECHNICAL COMMITTEE OF THE PENNSYLVANIA EMERGENCY HEALTH
27 SERVICES COUNCIL AND MUST BE PERFORMING TECHNIQUES AND
28 EMPLOYING PROCEDURES CONSISTENT WITH THE NATURE AND LEVEL OF
29 THE TRAINING FOR WHICH THE CERTIFICATE HAS BEEN ISSUED.
30 Section 2. This act shall take effect in 60 days.
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