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ROBERT L. EHRLICH, JR., Governor H.B. 2
(ii) Has completed an equivalent of an American Red Cross course
in advanced first aid, as determined by the Secretary of Health and Mental Hygiene;
or
(iii) Is certified or licensed by this State as an emergency medical
services provider;
(3) A volunteer fire department, ambulance and rescue squad whose
members have immunity; and
(4) A corporation when its fire department personnel are immune under
paragraph (2) of this subsection.
(e) An individual who is not covered otherwise by this section is not civilly
liable for any act or omission in providing assistance or medical aid to a victim [at]:
(1) AT the scene of an emergency, if:
[(1)](I) The assistance or aid is provided in a reasonably prudent
manner;
[(2)](II) The assistance or aid is provided without fee or other
compensation; and
[(3)](III) The individual relinquishes care of the victim when someone
who is licensed or certified by this State to provide medical care or services becomes
available to take responsibility; OR
(2) IN A MEDICAL FACILITY, IF:
(I) THE VICTIM INITIALLY VISITED THE EMERGENCY
DEPARTMENT OF THE MEDICAL FACILITY REQUESTING EXAMINATION OR
TREATMENT FOR AN EMERGENCY MEDICAL CONDITION;
(II) THE INDIVIDUAL IS A HEALTH CARE PROVIDER AS DEFINED IN
§ 3-2A-01 OF THIS ARTICLE;
(III) THE ACT OR OMISSION IS NOT ONE OF GROSS NEGLIGENCE;
(IV) THE TIMING AND TYPE OF DIAGNOSIS AND TREATMENT ARE
NOT AFFECTED BY FINANCIAL CONSIDERATIONS; AND
(V) THE INDIVIDUAL IS ACTING IN FULL COMPLIANCE WITH THE
FEDERAL EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT (EMTALA) AND
THE REGULATIONS ADOPTED UNDER THAT ACT.
5-615.
In the absence of an affirmative showing of malice or bad faith, each
arbitrator[,] OR INDIVIDUAL CONDUCTING ALTERNATIVE DISPUTE RESOLUTION in
a health care malpractice claim OR ACTION under Title 3, Subtitle 2A of this article
from the time of acceptance of appointment has immunity from suit for any act or
decision made during tenure and within the scope of designated authority.
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