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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

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:

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

1-2 41.500 1. Except as otherwise provided in NRS 41.505, any person

1-3 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 result

1-5 of any act or omission, not amounting to gross negligence, by him in

1-6 rendering the emergency care or assistance or as a result of any act or

1-7 failure to act, not amounting to gross negligence, to provide or arrange for

1-8 further medical treatment for the injured person.

1-9 2. Any person in this state who acts as a driver of an ambulance or

1-10 attendant on an ambulance operated by a volunteer service or as a volunteer

1-11 driver or attendant on an ambulance operated by a political subdivision of

2-1 this state, or owned by the Federal Government and operated by a

2-2 contractor of the Federal Government, and who in good faith renders

2-3 emergency care or assistance to any injured or ill person, whether at the

2-4 scene of an emergency or while transporting an injured or ill person to or

2-5 from any clinic, doctor’s office or other medical facility, is not liable for

2-6 any civil damages as a result of any act or omission, not amounting to gross

2-7 negligence, by him in rendering the emergency care or assistance, or as a

2-8 result of any act or failure to act, not amounting to gross negligence, to

2-9 provide or arrange for further medical treatment for the injured or ill

2-10 person.

2-11 3. Any appointed member of a volunteer service operating an

2-12 ambulance or an appointed volunteer serving on an ambulance operated by

2-13 a political subdivision of this state, other than a driver or attendant, of an

2-14 ambulance, is not liable for any civil damages as a result of any act or

2-15 omission, not amounting to gross negligence, by him whenever he is

2-16 performing his duties in good faith.

2-17 4. Any person who is a member of a search and rescue organization in

2-18 this state under the direct supervision of any county sheriff who in good

2-19 faith renders care or assistance in an emergency to any injured or ill person,

2-20 whether at the scene of an emergency or while transporting an injured or ill

2-21 person to or from any clinic, doctor’s office or other medical facility, is not

2-22 liable for any civil damages as a result of any act or omission, not

2-23 amounting to gross negligence, by him in rendering the emergency care or

2-24 assistance, or as a result of any act or failure to act, not amounting to gross

2-25 negligence, to provide or arrange for further medical treatment for the

2-26 injured or ill person.

2-27 5. Any person who is employed by or serves as a volunteer for a public

2-28 fire-fighting agency and who is authorized pursuant to chapter 450B of

2-29 NRS to render emergency medical care at the scene of an emergency is not

2-30 liable for any civil damages as a result of any act or omission, not

2-31 amounting to gross negligence, by that person in rendering that care or as a

2-32 result of any act or failure to act, not amounting to gross negligence, to

2-33 provide or arrange for further medical treatment for the injured or ill

2-34 person.

2-35 6. Any person who:

2-36 (a) Has successfully completed a course in cardiopulmonary

2-37 resuscitation according to the guidelines of the American National Red

2-38 Cross or American Heart Association;

2-39 (b) Has successfully completed the training requirements of a course in

2-40 basic emergency care of a person in cardiac arrest conducted in accordance

2-41 with the standards of the American Heart Association; or

3-1 (c) Is directed by the instructions of a dispatcher for an ambulance, air

3-2 ambulance or other agency that provides emergency medical services

3-3 before its arrival at the scene of the emergency,

3-4 and who in good faith renders cardiopulmonary resuscitation in accordance

3-5 with his training or the direction, other than in the course of his regular

3-6 employment or profession, is not liable for any civil damages as a result of

3-7 any act or omission, not amounting to gross negligence, by that person in

3-8 rendering that care.

3-9 7. For the purposes of subsection 6, a person who:

3-10 (a) Is required to be certified in the administration of cardiopulmonary

3-11 resuscitation pursuant to NRS 391.092; and

3-12 (b) In good faith renders cardiopulmonary resuscitation on the property

3-13 of a public school or in connection with a transportation of pupils to or

3-14 from a public school or while on activities that are part of the program of a

3-15 public school,

3-16 shall be presumed to have acted other than in the course of his regular

3-17 employment or profession.

3-18 8. Any person who [has] :

3-19 (a) Has successfully completed [the training requirements of a course in

3-20 basic emergency care of a person in cardiac arrest that:

3-21 (a) Included training] a course in cardiopulmonary resuscitation and

3-22 training in the operation and use of an [automatic] automated external

3-23 defibrillator [; and

3-24 (b) Was] that were conducted in accordance with the standards of the

3-25 American Heart Association [, and who] or the American National Red

3-26 Cross; and

3-27 (b) Gratuitously and in good faith renders emergency medical care

3-28 involving the use of an [automatic] automated external defibrillator in

3-29 accordance with his training ,

3-30 is not liable for any civil damages as a result of any act or omission, not

3-31 amounting to gross negligence, by that person in rendering that care.

3-32 9. A [business or organization that employs] person or governmental

3-33 entity that provided the requisite training set forth in subsection 8 to a

3-34 person who renders emergency care in accordance with [this] subsection 8

3-35 is not liable for any civil damages as a result of any act or omission, not

3-36 amounting to gross negligence, by the person rendering such care . [or]

3-37 10. A business or organization that has placed an automated

3-38 external defibrillator for use on its premises is not liable for any civil

3-39 damages as a result of any act or omission, not amounting to gross

3-40 negligence, by the person rendering such care or for providing the

3-41 [automatic] automated external defibrillator to the person for the purpose

3-42 of rendering such care [.] if the business or organization:

4-1 (a) Complies with all current federal and state regulations governing

4-2 the use and placement of an automated external defibrillator;

4-3 (b) Ensures that only a person who has at least the qualifications set

4-4 forth in subsection 8 uses the automated external defibrillator to provide

4-5 care;

4-6 (c) Ensures that the automated external defibrillator is maintained

4-7 and tested according to the operational guidelines established by the

4-8 manufacturer; and

4-9 (d) Establishes and maintains a program to ensure compliance with

4-10 current regulations, requirements for training, requirements for

4-11 notification of emergency medical assistance and guidelines for the

4-12 maintenance of the equipment.

4-13 11. As used in this section, "gratuitously" means that the person

4-14 receiving care or assistance is not required or expected to pay any

4-15 compensation or other remuneration for receiving the care or assistance.

4-16 Sec. 2. NRS 41.505 is hereby amended to read as follows:

4-17 41.505 1. Any physician or registered nurse who in good faith gives

4-18 instruction or provides supervision to an emergency medical attendant or

4-19 [to a] registered nurse, at the scene of an emergency or while transporting

4-20 an ill or injured person from the scene of an emergency, is not liable for

4-21 any civil damages as a result of any act or omission, not amounting to gross

4-22 negligence, in giving that instruction or providing that supervision. An

4-23 emergency medical attendant , [or] registered nurse or licensed practical

4-24 nurse who obeys an instruction given by a physician , [or] registered nurse

4-25 or licensed practical nurse and thereby renders emergency care, at the

4-26 scene of an emergency or while transporting an ill or injured person from

4-27 the scene of an emergency, is not liable for any civil damages as a result of

4-28 any act or omission, not amounting to gross negligence, in rendering that

4-29 emergency care.

4-30 2. Except as otherwise provided in subsection 3, any person licensed

4-31 under the provisions of chapter 630, 632 or 633 of NRS [,] and any person

4-32 who holds an equivalent license issued by another state, who renders

4-33 emergency care or assistance in an emergency, gratuitously and in good

4-34 faith, is not liable for any civil damages as a result of any act or omission,

4-35 not amounting to gross negligence, by him in rendering the emergency care

4-36 or assistance or as a result of any failure to act, not amounting to gross

4-37 negligence, to provide or arrange for further medical treatment for the

4-38 injured or ill person. This section does not excuse a physician or nurse from

4-39 liability for damages resulting from his acts or omissions which occur in a

4-40 licensed medical facility relative to any person with whom there is a

4-41 preexisting relationship as a patient.

4-42 3. Any person licensed under the provisions of chapter 630, 632 or 633

4-43 of NRS and any person who holds an equivalent license issued by

5-1 another state who renders emergency obstetrical care or assistance to a

5-2 pregnant woman during labor or the delivery of the child is not liable for

5-3 any civil damages as a result of any act or omission by him in rendering

5-4 that care or assistance if:

5-5 (a) The care or assistance is rendered in good faith and in a manner not

5-6 amounting to gross negligence or reckless, willful or wanton conduct;

5-7 (b) The person has not previously provided prenatal or obstetrical care

5-8 to the woman; and

5-9 (c) The damages are reasonably related to or primarily caused by a lack

5-10 of prenatal care received by the woman.

5-11 A licensed medical facility in which such care or assistance is rendered is

5-12 not liable for any civil damages as a result of any act or omission by the

5-13 person in rendering that care or assistance if that person is not liable for any

5-14 civil damages pursuant to this subsection and the actions of the medical

5-15 facility relating to the rendering of that care or assistance do not amount to

5-16 gross negligence or reckless, willful or wanton conduct.

5-17 4. Any person licensed under the provisions of chapter 630, 632 or 633

5-18 of NRS and any person who holds an equivalent license issued by

5-19 another state who:

5-20 (a) Is retired or otherwise does not practice on a full-time basis; and

5-21 (b) Gratuitously and in good faith, renders medical care within the scope

5-22 of his license to an indigent person,

5-23 is not liable for any civil damages as a result of any act or omission by him,

5-24 not amounting to gross negligence or reckless, willful or wanton conduct, in

5-25 rendering that care.

5-26 5. As used in this section [, "emergency] :

5-27 (a) "Emergency medical attendant" means a person licensed as an

5-28 attendant or certified as an emergency medical technician, intermediate

5-29 emergency medical technician or advanced emergency medical technician

5-30 pursuant to chapter 450B of NRS.

5-31 (b) "Gratuitously" has the meaning ascribed to it in NRS 41.500.

5-32 Sec. 3. NRS 618.384 is hereby amended to read as follows:

5-33 618.384 The administrator shall encourage all employers who are

5-34 required to establish a written safety program pursuant to NRS 618.383 to

5-35 include as a part of that program the employment of a person who has

5-36 successfully completed the training requirements of a course in basic

5-37 emergency care of a person in cardiac arrest that:

5-38 1. Included training in the operation and use of an [automatic]

5-39 automated external defibrillator; and

5-40 2. Was conducted in accordance with the standards of the American

5-41 Heart Association [.] or the American National Red Cross.

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