Renumbered 7/1/2024)
Renumbered 7/1/2024
26B-4-303. Immunity.
| (1) |
Except as provided in Subsection (3), the following persons are not subject to civil liability for any act or omission relating to preparing to care for, responding to care for, or providing care to, another person who reasonably appears to be in sudden cardiac arrest:
Terms Used In Utah Code 26B-4-303- Arrest: Taking physical custody of a person by lawful authority.
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: means :Utah Code 68-3-12.5
| (a) |
a person authorized, under Section 26B-4-302, to administer CPR, who:
| (i) |
gratuitously and in good faith attempts to administer or administers CPR to another person; or |
| (ii) |
fails to administer CPR to another person; |
|
| (b) |
a person authorized, under Section 26B-4-302, to use an AED who:
| (i) |
gratuitously and in good faith attempts to use or uses an AED; or |
| (ii) |
fails to use an AED; |
|
| (c) |
a person that teaches or provides a training course in administering CPR or using an AED; |
| (d) |
a person that acquires an AED; |
| (e) |
a person that owns, manages, or is otherwise responsible for the premises or conveyance where an AED is located; |
| (f) |
a person who retrieves an AED in response to a perceived or potential sudden cardiac arrest; |
| (g) |
a person that authorizes, directs, or supervises the installation or provision of an AED; |
| (h) |
a person involved with, or responsible for, the design, management, or operation of a CPR or AED program; |
| (i) |
a person involved with, or responsible for, reporting, receiving, recording, updating, giving, or distributing information relating to the ownership or location of an AED under Sections 26B-4-304 through 26B-4-306; or |
| (j) |
a physician who gratuitously and in good faith:
| (i) |
provides medical oversight for a public AED program; or |
| (ii) |
issues a prescription for a person to acquire or use an AED. |
|
|
| (2) |
This section does not relieve a manufacturer, designer, developer, marketer, or commercial distributor of an AED, or an accessory for an AED, of any liability. |
| (3) |
The liability protection described in Subsection (1) does not apply to an act or omission that constitutes gross negligence or willful misconduct. |
Renumbered and Amended by Chapter 307, 2023 General Session
