3013 - Immunity from liability.

§  3013.  Immunity from liability. 1. Notwithstanding any inconsistent  provision of any general, special or local law,  a  voluntary  ambulance  service  or  voluntary  advanced  life  support  first  response service  described in section three thousand one of this article and  any  member  thereof  who  is  a  certified  first  responder,  an  emergency medical  technician, an advanced emergency medical technician or a person  acting  under  the  direction  of  an  emergency  medical technician or advanced  emergency  medical  technician  and  who  voluntarily  and  without  the  expectation  of  monetary  compensation renders medical assistance in an  emergency to a person who is unconscious, ill or injured  shall  not  be  liable  for  damages for injuries alleged to have been sustained by such  person or for damages for the death  of  such  person  alleged  to  have  occurred  by  reason  of  an  act  or  omission in the rendering of such  medical assistance in an emergency unless it is  established  that  such  injuries  were  or such death was caused by gross negligence on the part  of such certified  first  responder,  emergency  medical  technician  or  advanced  emergency  medical  technician  or  person  acting  under  the  direction of an  emergency  medical  technician  or  advanced  emergency  medical technician.    2.  Nothing  in  this  section  shall  be  deemed  to relieve any such  voluntary ambulance service or voluntary  advanced  life  support  first  response  service from liability for damages or injuries or death caused  by an act or omission on the part of any person other than  a  certified  first  responder,  an  emergency  medical technician, advanced emergency  medical technician or person acting under the direction of an  emergency  medical  technician  or  advanced emergency medical technician acting in  behalf of the voluntary ambulance service  or  voluntary  advanced  life  support first response service.    3.  Nothing  in  this  section shall be deemed to relieve or alter the  liability of any such voluntary ambulance service or members for damages  or injuries or death arising out of the operation of motor vehicles.    4. A  certified  first  responder,  emergency  medical  technician  or  advanced  emergency  medical  technician,  whether  or  not he or she is  acting on behalf of an ambulance service or advanced life support  first  response  service,  who  voluntarily  and  without  the  expectation  of  monetary compensation renders medical assistance in an  emergency  to  a  person  who  is  unconscious,  ill  or  injured  shall not be liable for  damages alleged to have been sustained by such person or for damages for  the death of such person alleged to have occurred by reason of an act or  omission in the rendering of such medical  assistance  in  an  emergency  unless  it  is  established  that  such  injuries were or such death was  caused  by  gross  negligence  on  the  part  of  such  certified  first  responder,  emergency  medical  technician or advanced emergency medical  technician.    5. Notwithstanding any inconsistent provision of any general,  special  or  local law, any physician who voluntarily and without the expectation  of monetary compensation provides indirect medical control,  as  defined  in paragraph (b) of subdivision fifteen of section three thousand one of  this  article,  to  a  voluntary ambulance service or voluntary advanced  life support first response service described in section three  thousand  one  of  this  article  shall  not be liable for damages for injuries or  death alleged to have been sustained by any person as a result  of  such  medical  direction  unless it is established that such injuries or death  were caused by gross negligence on the part of such physician.    6. The availability  of  an  award  or  other  benefit  under  article  eleven-AA  or  article eleven-AAA of the general municipal law shall not  be deemed monetary compensation for the purposes of this section.