THE CARDIAC ARREST SURVIVAL ACT: PART TWO
Apr 27, 2001 -
© Kathleen Newton
(d) RULES OF CONSTRUCTION- (1) IN GENERAL- The following applies with respect to this section: (A) This section does not supersede the law of any State that (before, on, or after the date of the enactment of the Cardiac Arrest Survival Act of 1999) provides through statute or regulations any degree of immunity for any class of persons for civil liability for personal injury or wrongful death arising from the provision of emergency medical care through the use of an automated external defibrillator. (B) This section does not waive any protection from liability for Federal officers or employees under-- (i) section 224; or (ii) sections 1346(b) and 2672 of title 28, United States Code, or under alternative benefits provided by the United States where the availability of such benefits precludes a remedy under section 1346(b) of title 28. (C) This section does not require that an automated external defibrillator be placed at any building or other location. (2) CIVIL ACTIONS UNDER FEDERAL LAW- (A) IN GENERAL- The applicability of subsections (a) through (c) includes applicability to any action for civil liability described in subsection (a) that arises under Federal law. (B) FEDERAL AREAS ADOPTING STATE LAW- If a geographic area is under Federal jurisdiction and is located within a State but out of the jurisdiction of the State, and if, pursuant to Federal law, the law of the State applies in such area regarding matters for which there is no applicable Federal law, then an action for civil liability described in subsection (a) that in such area arises under the law of the State is subject to subsections (a) through (c) in lieu of any related State law that would apply in such area in the absence of this subparagraph. GOOD SAMARITAN LAW OF THE WEEK: GEORGIA Georgia Statute 52-7-14 part(b) Georgia's Good Samaritan clause states that any person gratutiously rendering care at the scene of an emergency or accident who is acting in good faith, will not be held liable for civil damages resulting from the care provided, as long as "the assisting person acts as a reasonably prudent man would have acted under the same or similar circumstances".
The copyright of the article THE CARDIAC ARREST SURVIVAL ACT: PART TWO in First Aid is owned by Kathleen Newton. Permission to republish THE CARDIAC ARREST SURVIVAL ACT: PART TWO in print or online must be granted by the author in writing.
Go To Page: 1 2 Articles in this Topic Discussions in this Topic |