8331.2 - Good Samaritan civil immunity for use of automated external defibrillator.

     § 8331.2.  Good Samaritan civil immunity for use of automated                external defibrillator.        (a)  General rule.--Except as otherwise provided in this     section, any individual who is trained to use an automated     external defibrillator in accordance with subsection (c) and who     in good faith uses an AED in an emergency shall not be liable     for any civil damages as a result of any acts or omissions by     such individual in using the AED, except any acts or omissions     intentionally designed to harm or any grossly negligent acts or     omissions which result in harm to the individual receiving the     AED treatment.        (b)  Requirements.--Any person who acquires and maintains an     AED for use in accordance with this section shall not be liable     for civil damages provided that the person:            (1)  Ensures that expected AED users receive training        pursuant to subsection (c).            (2)  Maintains and tests the AED according to the        manufacturer's operational guidelines.            (3)  Provides instruction requiring the user of the AED        to utilize available means to immediately contact and        activate the emergency medical services system.            (4)  Assures that any appropriate data or information is        made available to emergency medical services personnel or        other health care providers as requested.        (c)  Training.--For purposes of this section, expected AED     users shall complete training in the use of an AED provided by     the American National Red Cross or the American Heart     Association or through an equivalent course of instruction     approved by the Department of Health in consultation with a     technical committee of the Pennsylvania Emergency Health     Services Council.        (d)  Obstruction of emergency medical services personnel.--     Nothing in this section shall relieve a person who uses an AED     from civil damages when that person obstructs or interferes with     care and treatment being provided by emergency medical services     personnel or a health professional.        (e)  Exception.--Any individual who lacks the training set     forth in subsection (c) but who has access to an AED and in good     faith uses an AED in an emergency as an ordinary, reasonably     prudent individual would do under the same or similar     circumstances shall receive immunity from civil damages as set     forth in subsection (a).        (f)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Automated external defibrillator" or "AED."  A portable     device that uses electric shock to restore a stable heart rhythm     to an individual in cardiac arrest.        "Emergency."  A situation where an individual is believed to     be in cardiac arrest and in need of immediate medical attention     to prevent death or serious injury.        "Good faith."  Includes a reasonable opinion that the     immediacy of the situation is such that the use of an AED should     not be postponed until emergency medical services personnel     arrive or the person is hospitalized.     (Dec. 15, 1998, P.L.949, No.126, eff. 60 days)        1998 Amendment.  Act 126 added section 8331.2.        Cross References.  Section 8331.2 is referred to in section     5483 of Title 20 (Decedents, Estates and Fiduciaries).