NONMEDICAL GOOD SAMARITAN CIVIL IMMUNITY


Section 8332 of Title 42, Act of November 25, 1970 known as the Pennsylvania Consolidated Statues, as amended in 1978 reads:


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 or 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.

 

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 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, advance 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.

 

COMMENT;

Persons who perform procedures not specifically covered in the former mentioned training programs would NOT be covered be the Good Samaritan Law; and therefore, liable for prosecution.

Some specific skills NOT covered would include:

USE OF A BAG MASK RESUSCITATOR, ADMINISTERING OXYGEN, USE OF SUCTION, USE OF ORTHOPEDIC STRETCHERS, RESTRAINING PATIENTS, USE OF HARE TRACTION, PERFORMANCE OF CPR WITHOUT A CURRENT CERTIFICATION IN BASIC LIFE SUPPORT FROM THE AMERICAN HEART ASSOCIATION OR AMERICAN RED CROSS, INSERTION OF ANY EXTERNAL ADJUNCTIVE AIRWAY EQUIPMENT AND USE OF M.A.S.T. PANTS.

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