N.Y. Public Health Law Section 3013
Immunity from liability


1.

Notwithstanding any inconsistent provision of any general, special or local law, a voluntary ambulance service or voluntary advanced life support first response service described in § 3001 (Definitions)section three thousand one of this article and any member thereof who is a certified first responder, an emergency medical technician, an advanced emergency medical technician or a person acting under the direction of an emergency medical technician or advanced emergency medical technician and who voluntarily and without the expectation of monetary compensation renders medical assistance in an emergency to a person who is unconscious, ill or injured shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such medical assistance in an emergency unless it is established that such injuries were or such death was caused by gross negligence on the part of such certified first responder, emergency medical technician or advanced emergency medical technician or person acting under the direction of an emergency medical technician or advanced emergency medical technician.

2.

Nothing in this section shall be deemed to relieve any such voluntary ambulance service or voluntary advanced life support first response service from liability for damages or injuries or death caused by an act or omission on the part of any person other than a certified first responder, an emergency medical technician, advanced emergency medical technician or person acting under the direction of an emergency medical technician or advanced emergency medical technician acting in behalf of the voluntary ambulance service or voluntary advanced life support first response service.

3.

Nothing in this section shall be deemed to relieve or alter the liability of any such voluntary ambulance service or members for damages or injuries or death arising out of the operation of motor vehicles.

4.

A certified first responder, emergency medical technician or advanced emergency medical technician, whether or not he or she is acting on behalf of an ambulance service or advanced life support first response service, who voluntarily and without the expectation of monetary compensation renders medical assistance in an emergency to a person who is unconscious, ill or injured shall not be liable for damages alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such medical assistance in an emergency unless it is established that such injuries were or such death was caused by gross negligence on the part of such certified first responder, emergency medical technician or advanced emergency medical technician.

5.

Notwithstanding any inconsistent provision of any general, special or local law, any physician who voluntarily and without the expectation of monetary compensation provides indirect medical control, as defined in paragraph (b) of subdivision fifteen of § 3001 (Definitions)section three thousand one of this article, to a voluntary ambulance service or voluntary advanced life support first response service described in § 3001 (Definitions)section three thousand one of this article shall not be liable for damages for injuries or death alleged to have been sustained by any person as a result of such medical direction unless it is established that such injuries or death were caused by gross negligence on the part of such physician.

6.

The availability of an award or other benefit under article eleven-AA or article eleven-AAA of the general municipal law shall not be deemed monetary compensation for the purposes of this section.

Source: Section 3013 — Immunity from liability, https://www.­nysenate.­gov/legislation/laws/PBH/3013 (updated Sep. 22, 2014; accessed Jul. 13, 2024).

3000
Declaration of policy and statement of purpose
3000‑A
Emergency medical treatment
3000‑B
Automated external defibrillators: Public access providers
3000‑C
Epinephrine auto-injector devices
3000‑D
Availability of resuscitation equipment in certain public places
3000‑E
Rescue inhaler treatment devices
3000‑F
Automated external defibrillator
3001
Definitions
3002
New York state emergency medical services council
3002‑A
State emergency medical advisory committee
3003
Regional emergency medical services councils
3003‑A
EMS program agencies
3003‑B
Availability of ambulance service that provides transportation by aircraft to store and distribute blood and initiate and administer bloo...
3004
Emergency medical services system and agency performance standards
3004‑A
Regional emergency medical advisory committees
3005
Ambulance service certificates
3005‑A
Staffing standards
3005‑B
Emergency medical technician five year re-certification demonstration program
3006
Quality improvement program
3006‑A
Patient privacy
3007
Notice of alternative destination
3008
Applications for determinations of public need
3009
Continuation of existing services
3010
Area of operation
3011
Powers and duties of the department and the commissioner
3012
Enforcement
3013
Immunity from liability
3014
Construction
3015
Separability
3016
Continuance of rules and regulations
3017
Emergency medical service, Suffolk county
3018
Community-based paramedicine demonstration program
3020
Recruitment and retention
3030
Advanced life support services
3031
Advanced life support system
3032
State emergency medical services task force
3033
Rules and regulations
3034
Rules and regulations

Accessed:
Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 3013’s source at nysenate​.gov

Link Style