26-8b-202 - Immunity.
26-8b-202. Immunity.
(1) Except as provided in Subsection (3), the following persons are not subject to civilliability for any act or omission relating to preparing to care for, responding to care for, orproviding care to, another person who reasonably appears to be in sudden cardiac arrest:
(a) a person authorized, under Section 26-8b-201, to administer CPR, who:
(i) gratuitously and in good faith attempts to administer or administers CPR to anotherperson; or
(ii) fails to administer CPR to another person;
(b) a person authorized, under Section 26-8b-201, to use an AED who:
(i) gratuitously and in good faith attempts to use or uses an AED; or
(ii) fails to use an AED;
(c) a person that teaches or provides a training course in administering CPR or using anAED;
(d) a person that acquires an AED;
(e) a person that owns, manages, or is otherwise responsible for the premises orconveyance where an AED is located;
(f) a person who retrieves an AED in response to a perceived or potential sudden cardiacarrest;
(g) a person that authorizes, directs, or supervises the installation or provision of anAED;
(h) a person involved with, or responsible for, the design, management, or operation of aCPR or AED program;
(i) a person involved with, or responsible for, reporting, receiving, recording, updating,giving, or distributing information relating to the ownership or location of an AED under Part 3,AED Databases; or
(j) a physician who gratuitously and in good faith:
(i) provides medical oversight for a public AED program; or
(ii) issues a prescription for a person to acquire or use an AED.
(2) This section does not relieve a manufacturer, designer, developer, marketer, orcommercial distributor of an AED, or an accessory for an AED, of any liability.
(3) The liability protection described in Subsection (1) does not apply to an act oromission that constitutes gross negligence or willful misconduct.
Enacted by Chapter 22, 2009 General Session