SB 105 — Relating to civil liability; to amend Section 6-5-332, Code of Alabama 1975, to limit the liability of members of any community emergency response team who perform emergency care at the scene of an accident or disaster.

SB105 ENGROSSEDENROLLED SB105 S6TQ885-2S6TQ885-3 By Senators Singleton, Orr RFD:

15-Feb-24 Page 0 SB105 EngrossedEnrolled 2Enrolled, 4An 6Act, A3 BILL TO BE ENTITLED AN ACT Relating to civil liability;

"§6-5-332 (a) When any doctor of medicine or dentistry, nurse, member of any organized rescue squad, member of any police or fire department, member of any organized volunteer fire department, member of any community emergency response team certified by the Federal Emergency Management Agency, Alabama-licensed emergency medical technician, intern, or resident practicing in an Alabama hospital with training programs approved by the American Medical Association, Alabama state trooper, medical aidman aid functioning as a part of the military assistance to safety and traffic program, chiropractor, or public education employee gratuitously and in Page 1 SB105 Engrossed good faith, renders first aid or emergency care at the scene of an accident, casualty, or disaster to a an injured person individual injured therein, he or she shall not be liable for any civil damages as a result of his or her acts or omissions in rendering first aid or emergency care, nor shall he or she be liable for any civil damages as a result of any act or Page 1 SB105 Enrolled failure to act to provide or arrange for further medical treatment or care for the injured person individual.

(d) Any person individual who is qualified by a federal or state agency to perform mine rescue planning and recovery operations, including mine rescue instructors and mine rescue team members, and any person individual designated by an operator furnishing a mine rescue team to supervise, assist in planning, or provide service thereto, who, in good faith, Page 2 SB105 Engrossed performs or fails to perform any act or service in connection with mine rescue planning and recovery operations shall not be liable for any civil damages as a result of any acts or omissions.

Nothing contained in this subsection shall be construed to exempt from liability any person individual responsible for an overall mine rescue operation, including an Page 2 SB105 Enrolled operator of an affected facility and any person individual assuming responsibility therefor under federal or state statutes or regulations.

This subsection specifically excludes from the Page 3 SB105 Engrossed provision of immunity any designers, manufacturers, or sellers of automated external defibrillators for any claims that may be brought against such entities based upon current Alabama state law.

(f) Any licensed engineer, licensed architect, licensed surveyor, licensed contractor, licensed subcontractor, or Page 3 SB105 Enrolled other individual working under the direct supervision of the licensed individual who participates in emergency response activities under the direction of, or in connection with, a community emergency response team certified by the Federal 95 Emergency Management Agency, county emergency management agency, the state emergency management agency, or the Federal Emergency Management Agency shall not be liable for any civil damages as a result of any acts, services, or omissions provided without compensation, in such capacity if the individual acts as a reasonably prudent person individual 95 would have acted under the same or similar circumstances.

(g) Any person individual, who, in good faith, renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge of goods or services therefor shall not be liable for any civil damages as a result of any act or omission by the person individual in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person individual if the individual acts Page 4 SB105 Engrossed as a reasonably prudent person individual would have acted under the same or similar circumstances." Section 2.

Page 54 SB105 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................15-Feb-24________________________________________________ toSpeaker of the SenateHouse committeeof onRepresentatives CountySB105 andSenate Municipal27-Feb-24 GovernmentI Readhereby forcertify that the secondwithin timeAct andoriginated placedin ................21-Feb-24and onpassed the calendar:Senate, as amended.

0 amendments Read for the third time and passed ................27-Feb-24 as amended Yeas 34 Nays 0 Abstains 0 Patrick Harris, Secretary.

PageHouse 6of Representatives Passed:

02-May-24 By:

Senator Singleton Page 5