_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT LIMITING LIABILITY FOR EMERGENCY CARE RENDERED AT THE SCENE OR IN TRANSIT FROM THE SCENE OF AN ACCIDENT OR EMERGENCY OR DURING MEDICALLY NECESSARY TRANSPORT OF A PATIENT; AMENDING SECTION 27-1-714, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."

WHEREAS, Montana is a vast state with great expanses of sparsely populated areas; and

WHEREAS, many communities in these areas do not have sufficient population to support a reliably available emergency medical services provider, regardless of whether its members are paid or volunteer; and

WHEREAS, section 27-1-714, MCA, currently provides Good Samaritan liability protections to our emergency medical services personnel who render assistance in an emergency as long as they are in a volunteer status; and

WHEREAS, it is the intent of the Legislature to encourage its citizens to choose to learn and to provide emergency medical services both as volunteers in their communities and as employees of paid services by ensuring that all individuals who provide emergency medical services are provided liability protections for performing their jobs according to their certification and within their scope of practice, regardless of whether they are part of a paid or volunteer service.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 27-1-714, MCA, is amended to read:

"27-1-714. Limits on liability for emergency care rendered at scene of accident or emergency. (1) Any person licensed as a physician and surgeon under the laws of the state of Montana, any volunteer firefighter or officer of any nonprofit volunteer fire company, any search and rescue volunteer, or any other person who in good faith renders emergency care or assistance without compensation except as provided in subsection (2) at the scene of an emergency or accident is not liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by the person in rendering the emergency care or assistance.

(2) Subsection (1) includes a person an individual properly trained under the laws of this state who operates an ambulance, regardless of compensation, to and from the scene of an emergency or renders emergency medical treatment at the scene of an emergency or during medically necessary transport of a patient on a volunteer basis so long as the total reimbursement received for the volunteer services does not exceed 25% of the person's gross annual income or $3,000 a calendar year, whichever is greater. Reimbursement for search and rescue expenses is not compensation for purposes of this section.

(3) If a nonprofit subscription fire company refuses to fight a fire on nonsubscriber property, the refusal does not constitute gross negligence or a willful or wanton act or omission."

NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.