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Minnesota Session Laws - 2001, Regular Session

Key: (1) language to be deleted (2) new language

                            CHAPTER 107-S.F.No. 824 
                  An act relating to civil actions; clarifying the 
                  immunity from liability for persons rendering certain 
                  emergency care; amending Minnesota Statutes 2000, 
                  section 604A.01, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 604A.01, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GENERAL IMMUNITY FROM LIABILITY.] (a) A 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 the 
        person acts in a willful and wanton or reckless manner in 
        providing the care, advice, or assistance.  This subdivision 
        does not apply to a person rendering emergency care, advice, or 
        assistance during the course of regular employment, and 
        receiving compensation or expecting to receive compensation for 
        rendering the care, advice, or assistance.  
           (b) For the purposes of this section, the scene of an 
        emergency is an area outside the confines of a hospital or other 
        institution that has hospital facilities, or an office of a 
        person licensed to practice one or more of the healing arts 
        under chapter 147, 147A, 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, and includes ski areas and trails.  
           (c) 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, volunteer ski patroller, 
        and any partnership, corporation, association, or other entity.  
           (d) For the purposes of this section, "compensation" does 
        not include payments, reimbursement for expenses, or pension 
        benefits paid to members of volunteer organizations. 
           (e) For purposes of this section, "emergency care" includes 
        providing emergency medical care by using or providing an 
        automatic external defibrillator, unless the person on whom the 
        device is to be used objects; or unless the person is rendering 
        this care during the course of regular employment, the person is 
        receiving or expects to receive compensation for rendering this 
        care, and the usual and regular duties of the person include the 
        provision of emergency medical care.  "Automatic external 
        defibrillator" means a medical device heart monitor and 
        defibrillator that: 
           (1) has received approval of its premarket notification, 
        filed pursuant to United States Code, title 21, section 360(k), 
        from the United States Food and Drug Administration; 
           (2) is capable of recognizing the presence or absence of 
        ventricular fibrillation or rapid ventricular tachycardia, and 
        is capable of determining, without intervention by an operator, 
        whether defibrillation should be performed; and 
           (3) upon determining that defibrillation should be 
        performed, automatically charges and requests delivery of an 
        electrical impulse to an individual's heart. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment. 
           Presented to the governor May 14, 2001 
           Signed by the governor May 17, 2001, 10:38 a.m.

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