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
____________
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.
~
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.1-9
2. Any person in this state who acts as a driver of an ambulance or1-10
attendant on an ambulance operated by a volunteer service or as a volunteer1-11
driver or attendant on an ambulance operated by a political subdivision of2-1
this state, or owned by the Federal Government and operated by a2-2
contractor of the Federal Government, and who in good faith renders2-3
emergency care or assistance to any injured or ill person, whether at the2-4
scene of an emergency or while transporting an injured or ill person to or2-5
from any clinic, doctor’s office or other medical facility, is not liable for2-6
any civil damages as a result of any act or omission, not amounting to gross2-7
negligence, by him in rendering the emergency care or assistance, or as a2-8
result of any act or failure to act, not amounting to gross negligence, to2-9
provide or arrange for further medical treatment for the injured or ill2-10
person.2-11
3. Any appointed member of a volunteer service operating an2-12
ambulance or an appointed volunteer serving on an ambulance operated by2-13
a political subdivision of this state, other than a driver or attendant, of an2-14
ambulance, is not liable for any civil damages as a result of any act or2-15
omission, not amounting to gross negligence, by him whenever he is2-16
performing his duties in good faith.2-17
4. Any person who is a member of a search and rescue organization in2-18
this state under the direct supervision of any county sheriff who in good2-19
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 ill2-21
person to or from any clinic, doctor’s office or other medical facility, is not2-22
liable for any civil damages as a result of any act or omission, not2-23
amounting to gross negligence, by him in rendering the emergency care or2-24
assistance, or as a result of any act or failure to act, not amounting to gross2-25
negligence, to provide or arrange for further medical treatment for the2-26
injured or ill person.2-27
5. Any person who is employed by or serves as a volunteer for a public2-28
fire-fighting agency and who is authorized pursuant to chapter 450B of2-29
NRS to render emergency medical care at the scene of an emergency is not2-30
liable for any civil damages as a result of any act or omission, not2-31
amounting to gross negligence, by that person in rendering that care or as a2-32
result of any act or failure to act, not amounting to gross negligence, to2-33
provide or arrange for further medical treatment for the injured or ill2-34
person.2-35
6. Any person who:2-36
(a) Has successfully completed a course in cardiopulmonary2-37
resuscitation according to the guidelines of the American National Red2-38
Cross or American Heart Association;2-39
(b) Has successfully completed the training requirements of a course in2-40
basic emergency care of a person in cardiac arrest conducted in accordance2-41
with the standards of the American Heart Association; or3-1
(c) Is directed by the instructions of a dispatcher for an ambulance, air3-2
ambulance or other agency that provides emergency medical services3-3
before its arrival at the scene of the emergency,3-4
and who in good faith renders cardiopulmonary resuscitation in accordance3-5
with his training or the direction, other than in the course of his regular3-6
employment or profession, is not liable for any civil damages as a result of3-7
any act or omission, not amounting to gross negligence, by that person in3-8
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 cardiopulmonary3-11
resuscitation pursuant to NRS 391.092; and3-12
(b) In good faith renders cardiopulmonary resuscitation on the property3-13
of a public school or in connection with a transportation of pupils to or3-14
from a public school or while on activities that are part of the program of a3-15
public school,3-16
shall be presumed to have acted other than in the course of his regular3-17
employment or profession.3-18
8. Any person who3-19
(a) Has successfully completed3-20
3-21
3-22
training in the operation and use of an3-23
defibrillator3-24
3-25
American Heart Association3-26
Cross; and3-27
(b) Gratuitously and in good faith renders emergency medical care3-28
involving the use of an3-29
accordance with his training ,3-30
is not liable for any civil damages as a result of any act or omission, not3-31
amounting to gross negligence, by that person in rendering that care.3-32
9. A3-33
entity that provided the requisite training set forth in subsection 8 to a3-34
person who renders emergency care in accordance with3-35
is not liable for any civil damages as a result of any act or omission, not3-36
amounting to gross negligence, by the person rendering such care .3-37
10. A business or organization that has placed an automated3-38
external defibrillator for use on its premises is not liable for any civil3-39
damages as a result of any act or omission, not amounting to gross3-40
negligence, by the person rendering such care or for providing the3-41
3-42
of rendering such care4-1
(a) Complies with all current federal and state regulations governing4-2
the use and placement of an automated external defibrillator;4-3
(b) Ensures that only a person who has at least the qualifications set4-4
forth in subsection 8 uses the automated external defibrillator to provide4-5
care;4-6
(c) Ensures that the automated external defibrillator is maintained4-7
and tested according to the operational guidelines established by the4-8
manufacturer; and4-9
(d) Establishes and maintains a program to ensure compliance with4-10
current regulations, requirements for training, requirements for4-11
notification of emergency medical assistance and guidelines for the4-12
maintenance of the equipment.4-13
11. As used in this section, "gratuitously" means that the person4-14
receiving care or assistance is not required or expected to pay any4-15
compensation or other remuneration for receiving the care or assistance.4-16
Sec. 2. NRS 41.505 is hereby amended to read as follows: 41.505 1. Any physician or registered nurse who in good faith gives4-18
instruction or provides supervision to an emergency medical attendant or4-19
4-20
an ill or injured person from the scene of an emergency, is not liable for4-21
any civil damages as a result of any act or omission, not amounting to gross4-22
negligence, in giving that instruction or providing that supervision. An4-23
emergency medical attendant ,4-24
nurse who obeys an instruction given by a physician ,4-25
or licensed practical nurse and thereby renders emergency care, at the4-26
scene of an emergency or while transporting an ill or injured person from4-27
the scene of an emergency, is not liable for any civil damages as a result of4-28
any act or omission, not amounting to gross negligence, in rendering that4-29
emergency care.4-30
2. Except as otherwise provided in subsection 3, any person licensed4-31
under the provisions of chapter 630, 632 or 633 of NRS4-32
who holds an equivalent license issued by another state, who renders4-33
emergency care or assistance in an emergency, gratuitously and in good4-34
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 care4-36
or assistance or as a result of any failure to act, not amounting to gross4-37
negligence, to provide or arrange for further medical treatment for the4-38
injured or ill person. This section does not excuse a physician or nurse from4-39
liability for damages resulting from his acts or omissions which occur in a4-40
licensed medical facility relative to any person with whom there is a4-41
preexisting relationship as a patient.4-42
3. Any person licensed under the provisions of chapter 630, 632 or 6334-43
of NRS and any person who holds an equivalent license issued by5-1
another state who renders emergency obstetrical care or assistance to a5-2
pregnant woman during labor or the delivery of the child is not liable for5-3
any civil damages as a result of any act or omission by him in rendering5-4
that care or assistance if:5-5
(a) The care or assistance is rendered in good faith and in a manner not5-6
amounting to gross negligence or reckless, willful or wanton conduct;5-7
(b) The person has not previously provided prenatal or obstetrical care5-8
to the woman; and5-9
(c) The damages are reasonably related to or primarily caused by a lack5-10
of prenatal care received by the woman.5-11
A licensed medical facility in which such care or assistance is rendered is5-12
not liable for any civil damages as a result of any act or omission by the5-13
person in rendering that care or assistance if that person is not liable for any5-14
civil damages pursuant to this subsection and the actions of the medical5-15
facility relating to the rendering of that care or assistance do not amount to5-16
gross negligence or reckless, willful or wanton conduct.5-17
4. Any person licensed under the provisions of chapter 630, 632 or 6335-18
of NRS and any person who holds an equivalent license issued by5-19
another state who:5-20
(a) Is retired or otherwise does not practice on a full-time basis; and5-21
(b) Gratuitously and in good faith, renders medical care within the scope5-22
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, in5-25
rendering that care.5-26
5. As used in this section5-27
(a) "Emergency medical attendant" means a person licensed as an5-28
attendant or certified as an emergency medical technician, intermediate5-29
emergency medical technician or advanced emergency medical technician5-30
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: 618.384 The administrator shall encourage all employers who are5-34
required to establish a written safety program pursuant to NRS 618.383 to5-35
include as a part of that program the employment of a person who has5-36
successfully completed the training requirements of a course in basic5-37
emergency care of a person in cardiac arrest that:5-38
1. Included training in the operation and use of an5-39
automated external defibrillator; and5-40
2. Was conducted in accordance with the standards of the American5-41
Heart Association~