50-6-505. Liability limitations. (1) An individual who provides emergency care or treatment by using an AED in compliance with this part and rules adopted by the department pursuant to 50-6-503 and an individual providing cardiopulmonary resuscitation to an individual upon whom an AED is or may be used are immune from civil liability for a personal injury that results from that care or treatment or from civil liability as a result of any act or failure to act in providing or arranging further medical treatment for the individual upon whom the AED was used unless the individual using the AED or the person providing cardiopulmonary resuscitation, as applicable, acts with gross negligence or with willful or with wanton disregard for the care of the person upon whom the AED is or may be used.

Terms Used In Montana Code 50-6-505

  • AED: means a medical device that:

    (a)has received approval for marketing from the U. See Montana Code 50-6-501

  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-6-501
  • Entity: means a public agency, department, office, board, or commission or other governmental organization or a private corporation, partnership, group, or business or other private organization. See Montana Code 50-6-501
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(2)The following individuals or entities are immune from civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if applicable provisions of this part and rules adopted by the department pursuant to 50-6-503 have been met by the individual or entity:

(a)a person providing medical oversight of the AED program, as designated in the plan prepared pursuant to 50-6-502;

(b)the entity responsible for the AED program, as designated in the plan prepared pursuant to 50-6-502;

(c)an individual providing training to others on the use of an AED.