Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 104-S.F.No. 1214
           An act relating to negligence; clarifying immunity 
          from liability for volunteer firefighters who render 
          assistance at scenes of emergency; amending Minnesota 
          Statutes 1984, section 604.05, subdivision 2.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 604.05, 
subdivision 2, is amended to read:  
    Subd. 2.  [GENERAL IMMUNITY FROM LIABILITY.] Any person 
who, without compensation or the expectation of compensation 
renders emergency care, advice, or assistance at the scene of an 
emergency or during transit to a location where professional 
medical care can be rendered, is not liable for any civil 
damages as a result of acts or omissions by that person in 
rendering the emergency care, advice, or assistance unless that 
person acts in a willful and wanton or reckless manner in 
providing the care, advice, or assistance.  Any person rendering 
emergency care, advice, or assistance during the course of 
regular employment, and receiving compensation or expecting to 
receive compensation for rendering such care, advice, or 
assistance, shall be excluded from the protection of this 
section. 
    For the purposes of this section, the scene of an emergency 
shall be those areas not within the confines of a hospital or 
other institution which has hospital facilities, or an office of 
a person licensed to practice one or more of the healing arts 
pursuant to chapters 147, 148, 150A, or 153.  The scene of an 
emergency includes areas threatened by or exposed to spillage, 
seepage, fire, explosion, or other release of hazardous 
materials.  
     For the purposes of this section, "person" includes a 
public or private nonprofit volunteer firefighter, volunteer 
police officer, volunteer ambulance attendant, volunteer first 
provider of emergency medical services, and any partnership, 
corporation, association, or other entity.  
    For the purposes of this section, compensation does not 
include nominal payments, reimbursement for expenses, or pension 
benefits paid to members of volunteer organizations. 
    Approved May 10, 1985