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§ 8332. Emergency response provider and bystander good Samaritan civil immunity

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: September 4, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VII. Civil Actions and Proceedings
Chapter 83. Particular Rights and Immunities (Refs & Annos)
Subchapter C. Immunities Generally
Effective: September 4, 2012
42 Pa.C.S.A. § 8332
§ 8332. Emergency response provider and bystander good Samaritan civil immunity
(a) General rule.--Any person, including an emergency response provider, whether or not trained to practice medicine, who in good faith renders emergency care, treatment, first aid or rescue at the scene of an emergency event or crime or who moves the person receiving such care, first aid or rescue to a hospital or other place of medical care shall not be liable for any civil damages as a result of rendering such care, except in any act or omission intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the person receiving emergency care or being moved to a hospital or other place of medical care.
(b) Deleted by 2012, July 5, P.L. 1081, No. 125, § 1, effective in 60 days [Sept. 4, 2012].
(c) Exception.--This section shall not relieve a driver of a vehicle, including an ambulance or other emergency rescue vehicle, from liability arising from an operation or use of such vehicle pursuant to subsection (a).
(d) Definition.--For the purposes of this section, the term “emergency response provider” includes Federal, State and local emergency public safety, law enforcement, emergency response, emergency medical services personnel, response teams, agencies and authorities, excluding hospital emergency facilities and related personnel.

Credits

1976, July 9, P.L. 586, No. 142, § 2, effective June 27, 1978. Amended 1978, July 1, P.L. 697, No. 122, § 1, effective in 60 days; 2012, July 5, P.L. 1081, No. 125, § 1, effective in 60 days [Sept. 4, 2012].
BAR ASSOCIATION COMMENT
Source Note: Reenactment of act of September 9, 1965 (P.L. 498), § 1 (12 P.S. § 1643).
HISTORICAL AND STATUTORY NOTES
Act 1978-122 legislation
The 1978 amendment, at the beginning of subsec. (a), substituted “person” for “fireman, policeman, member of a volunteer ambulance or rescue squad or member of the National Ski Patrol” and deleted “while in the performance of his duties” preceding “at the scene of an emergency”; and substantially rewrote par. (2) of subsec. (b), which prior thereto read:
“In order for any fireman, policeman, member of a volunteer ambulance or rescue squad or member of the National Ski Patrol to receive the benefit of the exemption from civil liability provided for in subsection (a), he shall first have taken and successfully completed a standard first aid course recognized or approved by the American Red Cross and further he shall have a valid certification from the American Red Cross that he has successfully completed any necessary training or refresher courses, or shall have successfully completed a first aid course having standards at least equal to a first aid course recognized or approved by the American Red Cross.”
Act 1981-133 legislation
Section 1 of Act 1981, Dec. 16, P.L. 427, No. 133 added 36 P.S. §§ 652e.2, 652e.3; § 2 thereof provided:
“Nothing herein shall supersede, waive, exempt or supplement the provisions of 42 Pa.C.S. § 8332 (relating to nonmedical good samaritan civil immunity). The immunity from liability provided by said section 8332 shall continue to apply during and following any action taken by the panel.”
Act 2012-125 legislation
Act 2012-125, § 1, rewrote the section, which prior thereto read:
Ҥ 8332. Nonmedical good Samaritan civil immunity
“(a) General rule.--Any person who renders emergency care, first aid or rescue at the scene of an emergency, or moves the person receiving such care, first aid and rescue to a hospital or other place of medical care, shall not be liable to such person for any civil damages as a result of any acts or omissions in rendering the emergency care, first aid or rescue, or moving the person receiving the same to a hospital or other place of medical care, except any acts or omissions intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the person receiving the emergency care, first aid or rescue or being moved to a hospital or other place of medical care.
“(b) Exceptions.--
“(1) This section shall not relieve a driver of an ambulance or other emergency or rescue vehicle from liability arising from operation or use of such vehicle.
“(2) In order for any person to receive the benefit of the exemption from civil liability provided for in subsection (a), he shall be, at the time of rendering the emergency care, first aid or rescue or moving the person receiving emergency care, first aid or rescue to a hospital or other place of medical care, the holder of a current certificate evidencing the successful completion of a course in first aid, advanced life saving or basic life support sponsored by the American National Red Cross or the American Heart Association or an equivalent course of instruction approved by the Department of Health in consultation with a technical committee of the Pennsylvania Emergency Health Services Council and must be performing techniques and employing procedures consistent with the nature and level of the training for which the certificate has been issued.”
Prior Laws:
1965, Sept. 9, P.L. 498, No. 252, § 1 (12 P.S. § 1643).
1971, June 17, P.L. 169, No. 14, § 1.
42 Pa.C.S.A. § 8332, PA ST 42 Pa.C.S.A. § 8332
Current through 2017 Regular Session Acts 1 to 43, 45 and 49
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