ATTACHMENT E

Be it enacted by the Senate and the House of Representatives in General Assembly convened:

Section 1. Section 52-557b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) [A] FOR THE PURPOSES OF THIS SECTION "EMERGENCY MEDICAL OR PROFESSIONAL ASSISTANCE PROVIDER" MEANS A person licensed to practice medicine and surgery under the provisions of chapter 370 or dentistry under the provisions of section 20-106 or members of the same professions licensed to practice in any other state of the united states, a person licensed as a registered nurse under section 20-93 or 20-94 or certified as a licensed practical nurse under section 20-96 or 20-97 [, a medical technician or any person operating a cardiopulmonary resuscitator or a person trained in cardiopulmonary resuscitation in accordance with the standards set forth by the American Red Cross or American Heart Association .

(b) AN EMERGENCY MEDICAL OR PROFESSIONAL ASSISTANCE PROVIDER, who, voluntarily and gratuitously and other than in the ordinary course of his employment or practice, renders emergency medical or professional assistance to a person in need thereof, shall not be liable to [such] THAT person [assisted] for civil damages for any personal injuries [which result from acts or omissions by such person] RESULTING FROM ORDINARY NEGLIGENCE in rendering the emergency [care] MEDICAL OR PROFESSIONAL ASSISTANCE [, which may constitute ordinary negligence]. The immunity provided in this subsection does not apply to acts or omissions constituting gross [,] NEGLIGENCE OR wilful or wanton [negligence] MISCONDUCT. [For the purposes of this subsection, "automatic external defibrillator" means a device that: (1) Is used to administer an electric shock through the chest wall to the heart; (2) contains internal decision-making electronics, microcomputers or special software that allows it to interpret physiologic signals, make medical diagnosis and, if necessary, apply therapy; (3) guides the user through the process of using the device by audible or visual prompts; and (4) does not require the user to employ any discretion or judgment in its use.

(b) A paid or volunteer fireman or policeman, a teacher or other school personnel on the school grounds or in the school building or at a school function, a member of a ski patrol, a lifeguard, a conservation officer, patrolman or special policeman of the Department of Environmental Protection, or ambulance personnel, who has completed a course in first aid offered by the American Red Cross, the American Heart Association, the National Ski Patrol, the Department of Public Health or any director of health, as certified by the agency or director of health offering the course, and who renders emergency first aid to a person in need thereof, shall not be liable to such person assisted for civil damages for any personal injuries which result from acts or omissions by such person in rendering the emergency first aid, which may constitute ordinary negligence. No paid or volunteer fireman, policeman or ambulance personnel who forcibly enters the residence of any person in order to render emergency first aid to a person whom he reasonably believes to be in need thereof shall be liable to such person for civil damages incurred as a result of such entry. The immunity provided in this subsection does not apply to acts or omissions constituting gross, wilful or wanton negligence.

(c) An employee of a railroad company, including any company operating a commuter rail line, who has completed a course in first aid offered by the American Red Cross, who is trained in cardiopulmonary resuscitation in accordance with standards set forth by the American Red Cross and who renders emergency first aid or cardiopulmonary resuscitation to a person in need thereof, shall not be liable to such person assisted for civil damages for any personal injury or death which results from acts or omissions by such employee in rendering the emergency first aid or cardiopulmonary resuscitation, which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross, wilful or wanton negligence.

(d) A railroad company, including any commuter rail line, which provides emergency medical training or equipment to any employee granted immunity pursuant to subsection (c) of this section shall not be liable for civil damages for any injury sustained by a person or for the death of a person which results from the company's acts or omissions in providing such training or equipment or which results from acts or omissions by such employee in rendering emergency first aid or cardiopulmonary resuscitation, which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross, wilful or wanton negligence.

(e) A teacher or other school personnel, on the school grounds or in the school building or at a school function, who has completed both a course in first aid in accordance with subsection (b) of this section and a course given by the medical advisor of the school or by a licensed physician in the administration of medication by injection, who renders emergency care by administration of medication by injection to a person in need thereof, shall not be liable to the person assisted for civil damages for any injuries which result from acts or omissions by the person in rendering the emergency care of administration of medication by injection, which may constitute ordinary negligence. This immunity does not apply to acts or omissions constituting gross, wilful or wanton negligence.

(f) The provisions of this section shall not be construed to require any teacher or other school personnel to render emergency first aid or administer medication by injection.

Sec. 2. (NEW) (a) For the purposes of this subsection, "assisting person" means (A) a paid or volunteer firefighter or police officer, a teacher or other school personnel on the school grounds or in the school building or at a school function, a member of a ski patrol, a lifeguard, or a conservation officer, patrol officer or special police officer of the Department of Environmental Protection, or an ambulance driver, as defined in section 19a-175(6), who has completed a course in first aid offered by the American Red Cross, the American Heart Association, the National Ski Patrol, the Department of Public Health or any director of health, as certified by the agency or director of health offering the course, or (B) a person licensed as a paramedic under chapter 384d, a person certified as an emergency medical technician under section 19a-175(5), or a person certified as a medical response technician by the Commissioner of the Department of Public Health. An assisting person who renders emergency first aid to a person in need thereof shall not be liable to that person for civil damages for any personal injuries resulting from ordinary negligence in rendering the emergency first aid. The immunity provided in this subsection does not apply to acts or omissions constituting gross negligence or wilful or wanton misconduct.

(b) For the purposes of this subsection, "automatic external defibrillator" means a device that: (1) is used to administer an electric shock through the chest wall to the heart; (2) contains internal decision-making electronics, microcomputers or special software that allows it to interpret physiologic signals, make medical diagnosis and, if necessary, apply therapy; (3) guides the user through the process of using the device by audible or visual prompts; and (4) is capable of determining, without intervention by an operator, whether defibrillation should be performed. Any person trained in cardiopulmonary resuscitation or in the use of an automatic external defibrillator in accordance with the standards set forth by the American Heart Association or the American Red Cross, other than a person licensed to practice medicine and surgery under the provisions of chapter 370 or dentistry under the provisions of section 20-106 or members of the same professions licensed to practice in any other state of the United States, a person licensed as a registered nurse under section 20-93 or 20-94 or certified as a licensed practical nurse under section 20-96 or 20-97, who renders cardiopulmonary resuscitation or automatic external defibrillation to a person in need thereof, shall not be liable to that person for civil damages for any personal injuries resulting from ordinary negligence in rendering the cardiopulmonary resuscitation or automatic external defibrillation. The immunity provided in this subsection does not apply to acts or omissions constituting gross negligence or wilful or wanton misconduct.

(c) No paid or volunteer firefighter, police officer, paramedic, emergency medical technician, medical response technician or ambulance driver who forcibly enters the residence of any person in order to render emergency first aid, cardiopulmonary resuscitation or automatic external defibrillation to a person whom he reasonably believes to be in need thereof shall be liable to such person for civil damages incurred as a result of such entry. The immunity provided in this subsection does not apply to acts or omissions constituting gross negligence or wilful or wanton misconduct.

(d) An employee of a railroad company, including any company operating a commuter rail line, who has completed a course in first aid offered by the American Red Cross, who is trained in cardiopulmonary resuscitation in accordance with standards set forth by the American Red Cross and who renders emergency first aid or cardiopulmonary resuscitation to a person in need thereof, shall not be liable to such person assisted for civil damages for any personal injury or death which results from acts or omissions by such employee in rendering the emergency first aid or cardiopulmonary resuscitation, which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross negligence or wilful or wanton misconduct.

(e) A railroad company, including any commuter rail line, which provides emergency medical training or equipment to any employee granted immunity pursuant to subsection (d) of this section shall not be liable for civil damages for any injury sustained by a person or for the death of a person which results from the company's acts or omissions in providing such training or equipment or which results from acts or omissions by such employee in rendering emergency first aid or cardiopulmonary resuscitation, which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross negligence or wilful or wanton misconduct.

(f) A teacher or other school personnel, on the school grounds or in the school building or at a school function, who has completed both a course in first aid in accordance with subsection (a) of this section and a course given by the medical advisor of the school or by a licensed physician in the administration of medication by injection, who renders emergency care by administration of medication by injection to a person in need thereof, shall not be liable to the person assisted for civil damages for any injuries which result from acts or omissions by the person in rendering the emergency care of administration of medication by injection, which may constitute ordinary negligence. This immunity does not apply to acts or omissions constituting gross negligence or wilful or wanton misconduct.

(g) The provisions of this section shall not be construed to require any teacher or other school personnel to render emergency first aid or administer medication by injection.

Sec. 3. (NEW) Any person who sustains an injury due to acts or omissions by a person rendering emergency medical or professional assistance in accordance with section 1 or by a person rendering emergency first aid, cardiopulmonary resuscitation or automatic external defibrillation in accordance with section 2 may seek damages in the superior court by bringing an action in gross negligence. "Gross negligence" means the failure to exercise even a slight degree of care, regardless of any intent to inflict an injury or of any reckless disregard of consequences.

STATEMENT OF PURPOSE: To clarify the statutory immunity for ordinary negligence granted to emergency services providers.