§ 3013 — Immunity from liability

New York § 3013

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 30: Emergency Medical Services

Text

§ 3013. Immunity from liability. 1. Notwithstanding any inconsistent\nprovision of any general, special or local law, a voluntary ambulance\nservice or voluntary advanced life support first response service\ndescribed in section three thousand one of this article and any member\nthereof who is a certified first responder, an emergency medical\ntechnician, an advanced emergency medical technician or a person acting\nunder the direction of an emergency medical technician or advanced\nemergency medical technician and who voluntarily and without the\nexpectation of monetary compensation renders medical assistance in an\nemergency to a person who is unconscious, ill or injured shall not be\nliable for damages for injuries alleged to have been sustained by such\nperson or for damages for the death of such person alleged to have\noccurred by reason of an act or omission in the rendering of such\nmedical assistance in an emergency unless it is established that such\ninjuries were or such death was caused by gross negligence on the part\nof such certified first responder, emergency medical technician or\nadvanced emergency medical technician or person acting under the\ndirection of an emergency medical technician or advanced emergency\nmedical technician.\n 2. Nothing in this section shall be deemed to relieve any such\nvoluntary ambulance service or voluntary advanced life support first\nresponse service from liability for damages or injuries or death caused\nby an act or omission on the part of any person other than a certified\nfirst responder, an emergency medical technician, advanced emergency\nmedical technician or person acting under the direction of an emergency\nmedical technician or advanced emergency medical technician acting in\nbehalf of the voluntary ambulance service or voluntary advanced life\nsupport first response service.\n 3. Nothing in this section shall be deemed to relieve or alter the\nliability of any such voluntary ambulance service or members for damages\nor injuries or death arising out of the operation of motor vehicles.\n 4. A certified first responder, emergency medical technician or\nadvanced emergency medical technician, whether or not he or she is\nacting on behalf of an ambulance service or advanced life support first\nresponse service, who voluntarily and without the expectation of\nmonetary compensation renders medical assistance in an emergency to a\nperson who is unconscious, ill or injured shall not be liable for\ndamages alleged to have been sustained by such person or for damages for\nthe death of such person alleged to have occurred by reason of an act or\nomission in the rendering of such medical assistance in an emergency\nunless it is established that such injuries were or such death was\ncaused by gross negligence on the part of such certified first\nresponder, emergency medical technician or advanced emergency medical\ntechnician.\n 5. Notwithstanding any inconsistent provision of any general, special\nor local law, any physician who voluntarily and without the expectation\nof monetary compensation provides indirect medical control, as defined\nin paragraph (b) of subdivision fifteen of section three thousand one of\nthis article, to a voluntary ambulance service or voluntary advanced\nlife support first response service described in section three thousand\none of this article shall not be liable for damages for injuries or\ndeath alleged to have been sustained by any person as a result of such\nmedical direction unless it is established that such injuries or death\nwere caused by gross negligence on the part of such physician.\n 6. The availability of an award or other benefit under article\neleven-AA or article eleven-AAA of the general municipal law shall not\nbe deemed monetary compensation for the purposes of this section.\n