HB2605 S JUD AM #1 2-28
Davis 7880
The Committee on Judiciary moved to amend the bill on page 1 by striking out everything after then enacting clause and inserting in lieu thereof the following:
(a) No A person, including, without limitation, a person licensed to practice medicine or dentistry trained, licensed, or certified professionals, or that person’s employer who in good faith renders or provides emergency care, or assistance at the scene of an accident, or to a victim at the scene of a crime emergency, or disaster, voluntarily and without remuneration, shall may not be liable for any civil damages as the result of any act or omission at the scene in rendering, or providing such emergency care or assistance.
(b) For purposes of this section, the term "emergency" means any instance without limitation where a person suffers from a medical condition requiring immediate treatment due to natural causes, accident, or crime.
(c) For purposes of this section, "disaster" has the same meaning as that term is defined in §15-5-2 of this code.
(a) No A person trained in a qualified program of hazardous substance emergency response services certified by the State Fire Marshal pursuant to rules promulgated by authority of subsection (a), section five-a, article three, chapter twenty-nine of this code or his or her employer, who voluntarily and in good faith renders or provides advice, or assistance, equipment, or materials at the scene of an actual or threatened accident, emergency, or disaster, discharge of any hazardous substance and receives no remuneration for rendering or providing such the advice, or assistance, equipment, or materials is not liable for any civil damages as the result of any act or omission at the scene in rendering or providing such advice, or assistance, equipment, or materials: Provided, That the exemption from liability for civil damages of this section shall be extended to any such person who receives reimbursement for out-of-pocket expenses incurred in rendering or providing such the advice, or assistance, equipment, or materials or compensation from his or her regular employer for the time period during which he or she was actually engaged in rendering or providing such advice, or assistance, equipment, or materials, but is not extended to any such that person or his or her employer who by his, or her, or its act or omission caused or contributed to the cause of such the actual or threatened discharge of any hazardous substance accident, emergency, or disaster.
For the purposes of this section, "hazardous substance" means any "hazardous substance" as defined in chapter eighty-eight, Acts of the Legislature, regular session, one thousand nine hundred eighty-five; any "chemical substances and materials" listed in the rules promulgated by the commissioner of labor pursuant to section eighteen, article three, chapter twenty-one, of this code; and any "hazardous waste" as defined in section three, article eighteen, chapter twenty-two of this code.
(b) For purposes of this section, the term "emergency" includes without limitation any instance where a person suffers from a medical condition requiring immediate treatment due to natural causes, accident, or crime.
(c) For purposes of this section, the term "disaster" has the same meaning as that term is defined in §15-5-2 of this code and includes the imminent threat of disaster as well as its occurrence.
(d) For purposes of this section, the term “emergency services” means any mine rescue response services, hazardous substance response services, chemical substance and materials response services, hazardous waste response services and further has the meaning as the term is defined in §15-5-2 of the code.
Adopted
Rejected