§ 3000-A — Emergency medical treatment

§ 3000-a. Emergency medical treatment. 1. Except as provided in\nsubdivision six of section six thousand six hundred eleven, subdivision\ntwo of section six thousand five hundred twenty-seven, subdivision one\nof section six thousand nine hundred nine and sections six thousand five\nhundred forty-seven and six thousand seven hundred thirty-seven of the\neducation law, any person who voluntarily and without expectation of\nmonetary compensation renders first aid or emergency treatment at the\nscene of an accident or other emergency outside a hospital, doctor's\noffice or any other place having proper and necessary medical equipment,\nto a person who is unconscious, ill, or injured, shall not be liable for\ndamages for injuries alleged to have been sustained by such person or\nfor damages for the death of such person alleged to have occurred by\nreason of an act or omission in the rendering of such emergency\ntreatment unless it is established that such injuries were or such death\nwas caused by gross negligence on the part of such person. Nothing in\nthis section shall be deemed or construed to relieve a licensed\nphysician, dentist, nurse, physical therapist or registered physician's\nassistant from liability for damages for injuries or death caused by an\nact or omission on the part of such person while rendering professional\nservices in the normal and ordinary course of his or her practice.\n 2. (i) Any person or entity that purchases, operates, facilitates\nimplementation or makes available resuscitation equipment that\nfacilitates first aid, an automated external defibrillator or an\nepinephrine device as required by or pursuant to law or local law, or\nthat conducts training under section three thousand-c of this article,\nor (ii) an emergency health care provider under a collaborative\nagreement pursuant to section three thousand-b of this article with\nrespect to an automated external defibrillator, or (iii) a health care\npractitioner that prescribes, dispenses or provides an epinephrine\ndevice under section three thousand-c of this article, shall not be\nliable for damages arising either from the use of that equipment by a\nperson who voluntarily and without expectation of monetary compensation\nrenders first aid or emergency treatment at the scene of an accident or\nmedical emergency, or from the use of defectively manufactured\nequipment; provided that this subdivision shall not limit the person's\nor entity's, the emergency health care provider's, or other health care\npractitioner's liability for their own negligence, gross negligence or\nintentional misconduct.\n