2. Good Samaritan civil immunity for use of automated external defibrillator. (a) General rule.-- Any person who in good faith acquires and maintains an AED or uses an AED in an emergency
Pennsylvania Consolidated Statutes
Section: 83312
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 83312
§ 8331.2. Good Samaritan civil immunity for use of automated external defibrillator. (a) General rule.-- Any person who in good faith acquires and maintains an AED or uses an AED in an emergency
shall not be liable for any civil damages as a result of any acts or omissions by
an individual using the AED, except if acts or omissions intentionally designed to
harm or any grossly negligent acts or omissions 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: (1) Ensure that expected AED users receive training pursuant to subsection (c). (2) Maintain and test the AED according to the manufacturer's operational guidelines. (3) Provide instruction requiring the user of the AED to utilize available means to immediately
contact and activate the emergency medical services system. (4) Assure 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 consistent with American Red Cross, American Heart Association or other
national standards as identified and approved by the Department of Health in consultation
with 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.-- (Deleted by amendment). (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 or is 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; July 5, 2012, P.L.1081, No.125, eff.
60 days) Cross References. Section 8331.2 is referred to in section 5483 of Title 20 (Decedents, Estates and
Fiduciaries).
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