§ 1352-B — Public eating establishments; first aid instructions concerning food lodged in throat; liability

§ 1352-b. Public eating establishments; first aid instructions\nconcerning food lodged in throat; liability. 1. Definitions. For\npurposes of this section:\n a. "Public eating establishment" shall mean a cafeteria or lunchroom\nlocated in a school or educational institution and a restaurant, dining\nroom, dining car or other place engaged in the preparation and service\non the premises of food for and to the general public;\n b. "Choking emergency" shall mean a situation occurring in a public\neating establishment in which food has become lodged in a person's\nthroat in such a manner as to prevent or severely inhibit the continued\nbreathing of such person.\n 2. First aid instructions. a. The commissioner shall adopt and approve\nfirst aid instructions designed and intended for use in removing food\nlodged in the throat of a victim of a choking emergency. Such\ninstructions shall be limited to first aid techniques not involving the\nuse of any physical instrument or device to be inserted into the\nvictim's mouth or throat.\n b. The commissioner shall, as soon as is practicable, supply to the\nproprietor of every public eating establishment in this state such\nadopted and approved instructions.\n 3. Posting. The proprietor of every public eating establishment in\nthis state shall, upon receipt thereof, post such instructions in a\nconspicuous place or places in order that the proprietor and employees\nmay become familiar with them, and in order that the instructions may be\nconsulted by any person attempting to provide relief to the victim of a\nchoking emergency; provided, that the fact that such instructions shall\nnot have been posted as required by this section at the time of a\nchoking emergency shall not in and of itself subject such a proprietor,\nor his employees or agents, to liability in any civil action for damages\nfor personal injuries or wrongful death arising from such choking\nemergency.\n 4. No duty to act. Nothing contained in this section shall impose any\nduty or obligation on any proprietor, employee or other person to\nremove, assist in removing, or attempt to remove food from the throat of\nthe victim of a choking emergency.\n 5. Immunity from liability. Notwithstanding any inconsistent provision\nof law or ordinance, a proprietor, employee or other person who\nvoluntarily and without expectation of monetary compensation removes,\nassists in removing, or attempts to remove food from the throat of the\nvictim of a choking emergency in accordance with the instructions\nadopted by the commissioner shall not be liable for damages for injuries\nalleged to have been sustained by such victim or for damages for the\ndeath of such victim alleged to have occurred by reason of an act or\nomission in the rendering of such emergency assistance unless it is\nestablished that such injuries were, or such death was, caused by gross\nnegligence on the part of such proprietor, employee or person.\n