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

CHAPTER........

AN ACT relating to emergency care; extending limited immunity from liability regarding the

use of automated defibrillators and related training; extending limited immunity

from liability to licensed practical nurses for providing or supervising certain

emergency care; extending limited immunity from liability to certain providers of

health care licensed in another state who render emergency care to persons in this

state; conforming certain related provision regarding the occupational safety

program; and providing other matters properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 41.500 is hereby amended to read as follows:

41.500 1. Except as otherwise provided in NRS 41.505, any person

in this state who renders emergency care or assistance in an emergency,

gratuitously and in good faith, is not liable for any civil damages as a result

of any act or omission, not amounting to gross negligence, by him in

rendering the emergency care or assistance or as a result of any act or

failure to act, not amounting to gross negligence, to provide or arrange for

further medical treatment for the injured person.

2. Any person in this state who acts as a driver of an ambulance or

attendant on an ambulance operated by a volunteer service or as a volunteer

driver or attendant on an ambulance operated by a political subdivision of

this state, or owned by the Federal Government and operated by a

contractor of the Federal Government, and who in good faith renders

emergency care or assistance to any injured or ill person, whether at the

scene of an emergency or while transporting an injured or ill person to or

from any clinic, doctor’s office or other medical facility, is not liable for

any civil damages as a result of any act or omission, not amounting to gross

negligence, by him in rendering the emergency care or assistance, or as a

result of any act or failure to act, not amounting to gross negligence, to

provide or arrange for further medical treatment for the injured or ill

person.

3. Any appointed member of a volunteer service operating an

ambulance or an appointed volunteer serving on an ambulance operated by

a political subdivision of this state, other than a driver or attendant, of an

ambulance, is not liable for any civil damages as a result of any act or

omission, not amounting to gross negligence, by him whenever he is

performing his duties in good faith.

4. Any person who is a member of a search and rescue organization in

this state under the direct supervision of any county sheriff who in good

faith renders care or assistance in an emergency to any injured or ill person,

whether at the scene of an emergency or while transporting an injured or ill

person to or from any clinic, doctor’s office or other medical facility, is not

liable for any civil damages as a result of any act or omission, not

amounting to gross negligence, by him in rendering the emergency care or

assistance, or as a result of any act or failure to act, not amounting to gross

negligence, to provide or arrange for further medical treatment for the

injured or ill person.

5. Any person who is employed by or serves as a volunteer for a public

fire-fighting agency and who is authorized pursuant to chapter 450B of

NRS to render emergency medical care at the scene of an emergency is not

liable for any civil damages as a result of any act or omission, not

amounting to gross negligence, by that person in rendering that care or as a

result of any act or failure to act, not amounting to gross negligence, to

provide or arrange for further medical treatment for the injured or ill

person.

6. Any person who:

(a) Has successfully completed a course in cardiopulmonary

resuscitation according to the guidelines of the American National Red

Cross or American Heart Association;

(b) Has successfully completed the training requirements of a course in

basic emergency care of a person in cardiac arrest conducted in accordance

with the standards of the American Heart Association; or

(c) Is directed by the instructions of a dispatcher for an ambulance, air

ambulance or other agency that provides emergency medical services

before its arrival at the scene of the emergency,

and who in good faith renders cardiopulmonary resuscitation in accordance

with his training or the direction, other than in the course of his regular

employment or profession, is not liable for any civil damages as a result of

any act or omission, not amounting to gross negligence, by that person in

rendering that care.

7. For the purposes of subsection 6, a person who:

(a) Is required to be certified in the administration of cardiopulmonary

resuscitation pursuant to NRS 391.092; and

(b) In good faith renders cardiopulmonary resuscitation on the property

of a public school or in connection with a transportation of pupils to or

from a public school or while on activities that are part of the program of a

public school,

shall be presumed to have acted other than in the course of his regular

employment or profession.

  1. 8. Any person who [has] :
  1. (a) Has successfully completed [the training requirements of a course in
  1. basic emergency care of a person in cardiac arrest that:
  2. (a) Included training] a course in cardiopulmonary resuscitation and
  1. training in the operation and use of an [automatic] automated external
  1. defibrillator [; and
  1. (b) Was] that were conducted in accordance with the standards of the
  1. American Heart Association [, and who] or the American National Red
  1. Cross; and
  1. (b) Gratuitously and in good faith renders emergency medical care
  1. involving the use of an [automatic] automated external defibrillator in
  1. accordance with his training ,
  1. is not liable for any civil damages as a result of any act or omission, not
  1. amounting to gross negligence, by that person in rendering that care.
  1. 9. A [business or organization that employs] person or governmental
  1. entity that provided the requisite training set forth in subsection 8 to a
  1. person who renders emergency care in accordance with [this] subsection 8
  1. is not liable for any civil damages as a result of any act or omission, not
  1. amounting to gross negligence, by the person rendering such care . [or]

10. A business or organization that has placed an automated

external defibrillator for use on its premises is not liable for any civil

damages as a result of any act or omission, not amounting to gross

negligence, by the person rendering such care or for providing the

[automatic] automated external defibrillator to the person for the purpose

of rendering such care [.] if the business or organization:

  1. (a) Complies with all current federal and state regulations governing
  1. the use and placement of an automated external defibrillator;

(b) Ensures that only a person who has at least the qualifications set

forth in subsection 8 uses the automated external defibrillator to provide

care;

  1. (c) Ensures that the automated external defibrillator is maintained
  1. and tested according to the operational guidelines established by the
  1. manufacturer; and

(d) Establishes and maintains a program to ensure compliance with

current regulations, requirements for training, requirements for

notification of emergency medical assistance and guidelines for the

maintenance of the equipment.

11. As used in this section, "gratuitously" means that the person

receiving care or assistance is not required or expected to pay any

compensation or other remuneration for receiving the care or assistance.

Sec. 2. NRS 41.505 is hereby amended to read as follows:

  1. 41.505 1. Any physician or registered nurse who in good faith gives
  1. instruction or provides supervision to an emergency medical attendant or
  1. [to a] registered nurse, at the scene of an emergency or while transporting
  1. an ill or injured person from the scene of an emergency, is not liable for
  1. any civil damages as a result of any act or omission, not amounting to gross
  1. negligence, in giving that instruction or providing that supervision. An
  1. emergency medical attendant , [or] registered nurse or licensed practical
  1. nurse who obeys an instruction given by a physician , [or] registered nurse
  2. or licensed practical nurse and thereby renders emergency care, at the
  1. scene of an emergency or while transporting an ill or injured person from
  1. the scene of an emergency, is not liable for any civil damages as a result of
  1. any act or omission, not amounting to gross negligence, in rendering that
  1. emergency care.
  1. 2. Except as otherwise provided in subsection 3, any person licensed
  1. under the provisions of chapter 630, 632 or 633 of NRS [,] and any person
  1. who holds an equivalent license issued by another state, who renders
  1. emergency care or assistance in an emergency, gratuitously and in good
  1. faith, is not liable for any civil damages as a result of any act or omission,
  1. not amounting to gross negligence, by him in rendering the emergency care
  1. or assistance or as a result of any failure to act, not amounting to gross
  1. negligence, to provide or arrange for further medical treatment for the
  1. injured or ill person. This section does not excuse a physician or nurse from
  1. liability for damages resulting from his acts or omissions which occur in a
  1. licensed medical facility relative to any person with whom there is a
  1. preexisting relationship as a patient.
  1. 3. Any person licensed under the provisions of chapter 630, 632 or 633
  1. of NRS and any person who holds an equivalent license issued by
  1. another state who renders emergency obstetrical care or assistance to a
  1. pregnant woman during labor or the delivery of the child is not liable for
  1. any civil damages as a result of any act or omission by him in rendering
  1. that care or assistance if:
  1. (a) The care or assistance is rendered in good faith and in a manner not
  1. amounting to gross negligence or reckless, willful or wanton conduct;
  1. (b) The person has not previously provided prenatal or obstetrical care
  1. to the woman; and
  1. (c) The damages are reasonably related to or primarily caused by a lack
  1. of prenatal care received by the woman.
  1. A licensed medical facility in which such care or assistance is rendered is
  1. not liable for any civil damages as a result of any act or omission by the
  1. person in rendering that care or assistance if that person is not liable for any
  1. civil damages pursuant to this subsection and the actions of the medical
  1. facility relating to the rendering of that care or assistance do not amount to
  1. gross negligence or reckless, willful or wanton conduct.
  1. 4. Any person licensed under the provisions of chapter 630, 632 or 633
  1. of NRS and any person who holds an equivalent license issued by
  1. another state who:
  1. (a) Is retired or otherwise does not practice on a full-time basis; and
  1. (b) Gratuitously and in good faith, renders medical care within the scope
  1. of his license to an indigent person,
  1. is not liable for any civil damages as a result of any act or omission by him,
  1. not amounting to gross negligence or reckless, willful or wanton conduct, in
  1. rendering that care.

5. As used in this section [, "emergency] :

  1. (a) "Emergency medical attendant" means a person licensed as an
  1. attendant or certified as an emergency medical technician, intermediate
  1. emergency medical technician or advanced emergency medical technician
  1. pursuant to chapter 450B of NRS.
  1. (b) "Gratuitously" has the meaning ascribed to it in NRS 41.500.

Sec. 3. NRS 618.384 is hereby amended to read as follows:

  1. 618.384 The administrator shall encourage all employers who are
  1. required to establish a written safety program pursuant to NRS 618.383 to
  1. include as a part of that program the employment of a person who has
  1. successfully completed the training requirements of a course in basic
  1. emergency care of a person in cardiac arrest that:
  1. 1. Included training in the operation and use of an [automatic]
  1. automated external defibrillator; and
  1. 2. Was conducted in accordance with the standards of the American
  1. Heart Association [.] or the American National Red Cross.
  1. ~