{"AED":"automated external defibrillator; A portable device that uses electric shock to restore a stable heart rhythm to an individual in cardiac arrest.","EMS":"emergency medical services","collaborative agreement":"a written agreement with an emergency healthcare provider and written practice protocols, policies, and procedures in order for a person, firm, organization, or other entity to purchase, possess, and operate an AED or epinephrine auto-injector"}
Emergency Law Inventory | Full Law Text

Law Number

NY Pub Health 3000-a(2)

Summary Title

Good Samaritan Law: Use of AED or Epi Pen

Summary

An individual or entity that operates or makes available an AED or epi pen and who, voluntarily and without expectation of compensation, is at a medical emergency will not be held legally responsible for the use of these devices while providing emergency care. They will not be held legally responsible for the defective manufacturing of the device. An individual can be held legally responsible if acting intentionally to cause harm or with carelessness that causes harm or death to the person receiving care. This section includes emergency medical services providers under a collaborative agreement. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.

Full Title

Emergency Medical Treatment

Full Text

2. (i) 1 Any person who, or entity, partnership, corporation, firm or society that, purchases, operates, facilitates implementation or makes available resuscitation equipment that facilitates first aid, an automated external defibrillator or an epinephrine auto-injector device as required by or pursuant to law or local law, or (ii) an emergency health care provider under a collaborative agreement pursuant to section three thousand-b of this article with respect to an automated external defibrillator, or (iii) the emergency health care provider with a collaborative agreement under section three thousand-c of this article with respect to use of an epinephrine auto-injector device, shall not be liable for damages arising either from the use of that equipment by a person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or medical emergency, or from the use of defectively manufactured equipment; provided that this subdivision shall not limit the person’s or entity’s, partnership’s, corporation’s, firm’s, society’s or the emergency health care provider’s liability for his, her or its own negligence, gross negligence or intentional misconduct.

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