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Emergency Law Inventory | Full Law Text

Law Number

Md. Courts and Judicial Proceedings Code Ann 5-603

Summary Title

Good Samaritan Law: Licensed or Trained Professional

Summary

A licensed medical professional or a member of a fire department, ambulance squad, or law enforcement agency, who has completed an approved first aid class or is certified to provide emergency medical services and who, without compensation, provides assistance or medical aid at the scene of an emergency, will not be held legally responsible for acting or failing to act. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.

Full Title

Emergency Medical care

Full Text

(a) In general. -- 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. (b) Applicability. -- 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 and Mental Hygiene; (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 and Mental Hygiene; 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. (c) Immunity for individual not covered by this section. -- 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.