Assembly Bill No. 409–Assemblymen Gustavson, Nolan, Beers, Brower, Leslie, Evans, Cegavske, Hettrick, Lee, Berman, Von Tobel, Carpenter, Gibbons, Angle, Tiffany, Freeman, Bache, Anderson, Arberry, Parks, Ohrenschall, Price, Buckley, Giunchigliani, Thomas and Chowning
March 5, 1999
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Referred to Committee on Judiciary
SUMMARY—Extends limited immunity from liability regarding emergency care. (BDR 3-875)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 41.500 is hereby amended to read as follows: 41.500 1. Except as otherwise provided in NRS 41.505, any person1-3
in this state who renders emergency care or assistance in an emergency,1-4
gratuitously and in good faith, is not liable for any civil damages as a result1-5
of any act or omission, not amounting to gross negligence, by him in1-6
rendering the emergency care or assistance or as a result of any act or1-7
failure to act, not amounting to gross negligence, to provide or arrange for1-8
further medical treatment for the injured person.2-1
2. Any person in this state who acts as a driver of an ambulance or2-2
attendant on an ambulance operated by a volunteer service or as a2-3
volunteer driver or attendant on an ambulance operated by a political2-4
subdivision of this state, or owned by the Federal Government and2-5
operated by a contractor of the Federal Government, and who in good faith2-6
renders emergency care or assistance to any injured or ill person, whether2-7
at the scene of an emergency or while transporting an injured or ill person2-8
to or from any clinic, doctor’s office or other medical facility, is not liable2-9
for any civil damages as a result of any act or omission, not amounting to2-10
gross negligence, by him in rendering the emergency care or assistance, or2-11
as a result of any act or failure to act, not amounting to gross negligence, to2-12
provide or arrange for further medical treatment for the injured or ill2-13
person.2-14
3. Any appointed member of a volunteer service operating an2-15
ambulance or an appointed volunteer serving on an ambulance operated by2-16
a political subdivision of this state, other than a driver or attendant, of an2-17
ambulance, is not liable for any civil damages as a result of any act or2-18
omission, not amounting to gross negligence, by him whenever he is2-19
performing his duties in good faith.2-20
4. Any person who is a member of a search and rescue organization in2-21
this state under the direct supervision of any county sheriff who in good2-22
faith renders care or assistance in an emergency to any injured or ill2-23
person, whether at the scene of an emergency or while transporting an2-24
injured or ill person to or from any clinic, doctor’s office or other medical2-25
facility, is not liable for any civil damages as a result of any act or2-26
omission, not amounting to gross negligence, by him in rendering the2-27
emergency care or assistance, or as a result of any act or failure to act, not2-28
amounting to gross negligence, to provide or arrange for further medical2-29
treatment for the injured or ill person.2-30
5. Any person who is employed by or serves as a volunteer for a2-31
public fire-fighting agency and who is authorized pursuant to chapter 450B2-32
of NRS to render emergency medical care at the scene of an emergency is2-33
not liable for any civil damages as a result of any act or omission, not2-34
amounting to gross negligence, by that person in rendering that care or as a2-35
result of any act or failure to act, not amounting to gross negligence, to2-36
provide or arrange for further medical treatment for the injured or ill2-37
person.2-38
6. Any person who:2-39
(a) Has successfully completed a course in cardiopulmonary2-40
resuscitation according to the guidelines of the American National Red2-41
Cross or American Heart Association;3-1
(b) Has successfully completed the training requirements of a course in3-2
basic emergency care of a person in cardiac arrest conducted in accordance3-3
with the standards of the American Heart Association; or3-4
(c) Is directed by the instructions of a dispatcher for an ambulance, air3-5
ambulance or other agency that provides emergency medical services3-6
before its arrival at the scene of the emergency,3-7
and who in good faith renders cardiopulmonary resuscitation in accordance3-8
with his training or the direction, other than in the course of his regular3-9
employment or profession, is not liable for any civil damages as a result of3-10
any act or omission, not amounting to gross negligence, by that person in3-11
rendering that care.3-12
7. For the purposes of subsection 6, a person who:3-13
(a) Is required to be certified in the administration of cardiopulmonary3-14
resuscitation pursuant to NRS 391.092; and3-15
(b) In good faith renders cardiopulmonary resuscitation on the property3-16
of a public school or in connection with a transportation of pupils to or3-17
from a public school or while on activities that are part of the program of a3-18
public school,3-19
shall be presumed to have acted other than in the course of his regular3-20
employment or profession.3-21
8. Any person who3-22
(a) Has successfully completed3-23
3-24
3-25
training in the operation and use of an3-26
defibrillator3-27
3-28
American Heart Association3-29
Cross; and3-30
(b) Gratuitously and in good faith renders emergency medical care3-31
involving the use of an3-32
scene of an emergency in accordance with his training ,3-33
is not liable for any civil damages as a result of any act or omission, not3-34
amounting to gross negligence3-35
person in rendering that care.3-36
9. A3-37
entity that provided the requisite training set forth in subsection 8 to a3-38
person who renders emergency care in accordance with3-39
is not liable for any civil damages as a result of any act or omission, not3-40
amounting to gross negligence3-41
person rendering such care .4-1
10. A business or organization that has placed an automated4-2
external defibrillator for use on its premises and the participating4-3
physician described in this subsection are not liable for any civil damages4-4
as a result of any act or omission, not amounting to gross negligence or4-5
willful or wanton misconduct, by the person rendering such care or for4-6
providing the4-7
the purpose of rendering such care4-8
(a) Complies with all current federal and state regulations governing4-9
the use and placement of an automated external defibrillator;4-10
(b) Ensures that only a person who has at least the qualifications set4-11
forth in subsection 8 uses the automated external defibrillator to provide4-12
care;4-13
(c) Ensures that the automated external defibrillator is maintained4-14
and tested according to the operational guidelines established by the4-15
manufacturer; and4-16
(d) Establishes and maintains a program to ensure compliance with4-17
current regulations, requirements for training, requirements for4-18
notification of emergency medical assistance and guidelines for the4-19
maintenance of the equipment that involves the regular participation of a4-20
physician licensed in this state.4-21
Sec. 2. NRS 41.505 is hereby amended to read as follows: 41.505 1. Any physician ,4-23
nurse who in good faith gives instruction or provides supervision to an4-24
emergency medical attendant ,4-25
practical nurse, at the scene of an emergency or while transporting an ill4-26
or injured person from the scene of an emergency, is not liable for any4-27
civil damages as a result of any act or omission, not amounting to gross4-28
negligence, in giving that instruction or providing that supervision. An4-29
emergency medical attendant ,4-30
nurse who obeys an instruction given by a physician ,4-31
or licensed practical nurse and thereby renders emergency care, at the4-32
scene of an emergency or while transporting an ill or injured person from4-33
the scene of an emergency, is not liable for any civil damages as a result of4-34
any act or omission, not amounting to gross negligence, in rendering that4-35
emergency care.4-36
2. Except as otherwise provided in subsection 3, any person licensed4-37
under the provisions of chapter 630, 632 or 633 of NRS4-38
who holds an equivalent license issued by another state, who renders4-39
emergency care or assistance in an emergency, gratuitously and in good4-40
faith, is not liable for any civil damages as a result of any act or omission,4-41
not amounting to gross negligence, by him in rendering the emergency4-42
care or assistance or as a result of any failure to act, not amounting to gross5-1
negligence, to provide or arrange for further medical treatment for the5-2
injured or ill person. This section does not excuse a physician or nurse5-3
from liability for damages resulting from his acts or omissions which occur5-4
in a licensed medical facility relative to any person with whom there is a5-5
preexisting relationship as a patient.5-6
3. Any person licensed under the provisions of chapter 630, 632 or5-7
633 of NRS and any person who holds an equivalent license issued by5-8
another state who renders emergency obstetrical care or assistance to a5-9
pregnant woman during labor or the delivery of the child is not liable for5-10
any civil damages as a result of any act or omission by him in rendering5-11
that care or assistance if:5-12
(a) The care or assistance is rendered in good faith and in a manner not5-13
amounting to gross negligence or reckless, willful or wanton conduct;5-14
(b) The person has not previously provided prenatal or obstetrical care5-15
to the woman; and5-16
(c) The damages are reasonably related to or primarily caused by a lack5-17
of prenatal care received by the woman.5-18
A licensed medical facility in which such care or assistance is rendered is5-19
not liable for any civil damages as a result of any act or omission by the5-20
person in rendering that care or assistance if that person is not liable for5-21
any civil damages pursuant to this subsection and the actions of the5-22
medical facility relating to the rendering of that care or assistance do not5-23
amount to gross negligence or reckless, willful or wanton conduct.5-24
4. Any person licensed under the provisions of chapter 630, 632 or5-25
633 of NRS and any person who holds an equivalent license issued by5-26
another state who:5-27
(a) Is retired or otherwise does not practice on a full-time basis; and5-28
(b) Gratuitously and in good faith, renders medical care within the5-29
scope of his license to an indigent person,5-30
is not liable for any civil damages as a result of any act or omission by5-31
him, not amounting to gross negligence or reckless, willful or wanton5-32
conduct, in rendering that care.5-33
5. As used in this section, "emergency medical attendant" means a5-34
person licensed as an attendant or certified as an emergency medical5-35
technician, intermediate emergency medical technician or advanced5-36
emergency medical technician pursuant to chapter 450B of NRS.5-37
Sec. 3. NRS 618.384 is hereby amended to read as follows: 618.384 The administrator shall encourage all employers who are5-39
required to establish a written safety program pursuant to NRS 618.383 to5-40
include as a part of that program the employment of a person who has5-41
successfully completed the training requirements of a course in basic5-42
emergency care of a person in cardiac arrest that:6-1
1. Included training in the operation and use of an6-2
automated external defibrillator; and6-3
2. Was conducted in accordance with the standards of the American6-4
Heart Association~