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2005 LAWS OF MARYLAND
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Ch. 413
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(i) Has satisfied the requirements for making automated external
defibrillation available under this section; and
(ii) Possesses a valid certificate at the time of the act or omission.
(2) In addition to any other immunities available under statutory or
common law, the sponsoring physician of an authorized facility is not civilly liable for
any act or omission in the provision of automated external defibrillation.
(3) In addition to any other immunities available under statutory or
common law, an individual is not civilly liable for any act or omission if:
(i) The individual is acting in good faith while rendering
automated external defibrillation to a person who is a victim or reasonably believed
by the individual to be a victim of a sudden cardiac arrest;
(ii) The assistance or aid is provided in a reasonably prudent
manner;
(iii) The automated external defibrillation is provided without fee or
other compensation; and
(iv) 1. The act or omission occurs while the individual is
providing automated external defibrillation in accordance with the requirements of
this section at an authorized facility;
2. The individual has successfully completed an AED
training course and is authorized to provide automated external defibrillation; or
3. The individual is using an automated external
defibrillator obtained by a prescription issued by a physician.
(4) The immunities in this subsection are not available if the conduct of
the authorized facility amounts to gross negligence, willful or wanton misconduct, or
intentionally tortious conduct.
(5) This subsection does not affect, and may not be construed as
affecting, any immunities from civil or criminal liability or defenses established by
any other provision of the Code or by common law to which an authorized facility or
an individual may be entitled.
[(o)] (N) (1) An authorized facility aggrieved by a decision of the Institute
acting under the delegated authority of the EMS Board under this section shall be
afforded an opportunity for a hearing before the EMS Board.
(2) An authorized facility aggrieved by a decision of the EMS Board
under this section shall be afforded an opportunity for a hearing in accordance with
Title 10, Subtitle 2 of the State Government Article.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 2005.
Approved May 10, 2005.
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