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§ 5-603. Emergency medical care

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: March 14, 2016

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 6. Immunities and Prohibited Actions--Health and Public Safety (Refs & Annos)
Effective: March 14, 2016
MD Code, Courts and Judicial Proceedings, § 5-603
§ 5-603. Emergency medical care
In general
(a) A person described in subsection (b) of this section is not civilly liable for any act or omission in giving any assistance or medical care, if:
(1) The act or omission is not one of gross negligence;
(2) The assistance or medical care is provided without fee or other compensation; and
(3) The assistance or medical care is provided:
(i) At the scene of an emergency;
(ii) In transit to a medical facility; or
(iii) Through communications with personnel providing emergency assistance.
Licensed individuals or members of volunteer fire departments, ambulance and rescue squads, or law enforcement agencies
(b) Subsection (a) of this section applies to the following:
(1) An individual who is licensed by this State to provide medical care;
(2) A member of any State, county, municipal, or volunteer fire department, ambulance and rescue squad, or law enforcement agency, the National Ski Patrol System, or a corporate fire department responding to a call outside of its corporate premises, if the member:
(i) Has completed an American Red Cross course in advanced first aid and has a current card showing that status;
(ii) Has completed an equivalent of an American Red Cross course in advanced first aid, as determined by the Secretary of Health;
(iii) Is certified or licensed by this State as an emergency medical services provider; or
(iv) Is administering medications or treatment approved for use in response to an apparent drug overdose and the member is:
1. Licensed or certified as an emergency medical services provider by the State Emergency Medical Services Board and authorized to administer the medications and treatment under protocols established by the State Emergency Medical Services Board;
2. Certified to administer the medications and treatment under protocols established by the Secretary of Health; or
3. Certified to administer the medications and treatment under protocols established by the Maryland State Police Medical Director;
(3) A volunteer fire department or ambulance and rescue squad whose members have immunity; and
(4) A corporation when its fire department personnel are immune under item (2) of this subsection.
Reasonable and free assistance or aid
(c) An individual who is not covered otherwise by this section is not civilly liable for any act or omission in providing assistance or medical aid to a victim at the scene of an emergency, if:
(1) The assistance or aid is provided in a reasonably prudent manner;
(2) The assistance or aid is provided without fee or other compensation; and
(3) The individual relinquishes care of the victim when someone who is licensed or certified by this State to provide medical care or services becomes available to take responsibility.

Credits

Added as Courts and Judicial Proceedings § 5-309 by Acts 1982, c. 770, § 4. Amended by Acts 1982, c. 775; Acts 1983, c. 248. Renumbered as Courts and Judicial Proceedings § 5-603 by Acts 1997, c. 14, § 9, eff. April 8, 1997. Amended by Acts 2008, c. 36, § 1, eff. April 8, 2008; Acts 2015, c. 359, § 1, eff. Oct. 1, 2015; Acts 2015, c. 360, § 1, eff. Oct. 1, 2015; Acts 2016, c. 8, § 1, eff. March 14, 2016; Acts 2017, c. 62, § 6.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2015 Legislation
Acts 2015, c. 359, § 1; Acts 2015, c. 360, § 1, added subpara. (b)(2)(iv) and made nonsubstantive changes.
Acts 2015, c. 359, § 2; Acts 2015, c. 360, § 2, provide:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to any cause of action arising before the effective date of this Act.”
2016 Legislation
Acts 2016, c. 8, § 1, in (b)(4), substituted “item” for “paragraph”.
2017 Legislation
Acts 2017, c. 62, § 6, in (b)(2), substituted “Secretary of Health” for “Secretary of Health and Mental Hygiene” in two instances.
MD Code, Courts and Judicial Proceedings, § 5-603, MD CTS & JUD PRO § 5-603
Current through all legislation from the 2017 Regular Session of the General Assembly
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