Ohio Good Samaritan Law
§ 2305.23 Liability for emergency care.
No person shall
be liable in civil damages for administering emergency care or treatment at the
scene of an emergency outside of a hospital, doctor's office, or other place
having proper medical equipment, for acts performed at the scene of such
emergency, unless such acts constitute willful or wanton misconduct.
Nothing in this section applies to the administering of
such care or treatment where the same is rendered for remuneration, or with the
expectation of remuneration, from the recipient of such care or treatment or
someone on his behalf. The administering of such care or treatment by one as a
part of his duties as a paid member of any organization of law enforcement
officers or fire fighters does not cause such to be a rendering for
remuneration or expectation of remuneration.
(HISTORY: 130 v 648 (Eff 9-16-63); 137 v S 209. Eff 8-18-77.)
§ 4765.49 Civil immunity of emergency medical personnel and agencies.
(A) A first
responder, emergency medical technician-basic, emergency medical
technician-intermediate, or emergency medical technician-paramedic is not
liable in damages in a civil action for injury, death, or loss to person or
property resulting from the individual's administration of emergency medical
services, unless the services are administered in a manner that constitutes
willful or wanton misconduct. A physician or registered nurse designated by a
physician, who is advising or assisting in the emergency medical services by means
of any communication device or telemetering system, is not liable in damages in
a civil action for injury, death, or loss to person or property resulting from
the individual's advisory communication or assistance, unless the advisory
communication or assistance is provided in a manner that constitutes willful or
wanton misconduct. Medical directors and members of cooperating physician
advisory boards of emergency medical service organizations are not liable in
damages in a civil action for injury, death, or loss to person or property
resulting from their acts or omissions in the performance of their duties,
unless the act or omission constitutes willful or wanton misconduct.
(B) A political
subdivision, joint ambulance district, joint emergency medical services
district, or other public agency, and any officer or employee of a public
agency or of a private organization operating under contract or in joint
agreement with one or more political subdivisions, that provides emergency
medical services, or that enters into a joint agreement or a contract with the
state, any political subdivision, joint ambulance district, or joint emergency
medical services district for the provision of emergency medical services, is
not liable in damages in a civil action for injury, death, or loss to person or
property arising out of any actions taken by a first responder, EMT-basic,
EMT-I, or paramedic working under the officer's or employee's jurisdiction, or
for injury, death, or loss to person or property arising out of any actions of
licensed medical personnel advising or assisting the first responder,
EMT-basic, EMT-I, or paramedic, unless the services are provided in a manner
that constitutes willful or wanton misconduct.
(C) A student who
is enrolled in an emergency medical services training program accredited under
section 4765.17
of the Revised Code or an emergency medical services continuing education
program approved under that section is not liable in damages in a civil action
for injury, death, or loss to person or property resulting from either of the
following:
(1) The student's administration of emergency medical
services or patient care or treatment, if the services, care, or treatment is
administered while the student is under the direct supervision and in the
immediate presence of an EMT-basic, EMT-I, paramedic, registered nurse, or
physician and while the student is receiving clinical training that is required
by the program, unless the services, care, or treatment is provided in a manner
that constitutes willful or wanton misconduct;
(2) The student's
training as an ambulance driver, unless the driving is done in a manner that
constitutes willful or wanton misconduct.
(D) An EMT-basic, EMT-I, paramedic, or other operator, who
holds a valid commercial driver's license issued pursuant to Chapter 4506.
of the Revised Code or driver's license issued pursuant to Chapter 4507.
of the Revised Code and who is employed by an emergency medical service
organization that is not owned or operated by a political subdivision as
defined in section 2744.01
of the Revised Code, is not liable in damages in a civil action for injury,
death, or loss to person or property that is caused by the operation of an
ambulance by the EMT-basic, EMT-I, paramedic, or other operator while
responding to or completing a call for emergency medical services, unless the
operation constitutes willful or wanton misconduct or does not comply with the
precautions of section 4511.03
of the Revised Code. An emergency medical service organization is not liable in
damages in a civil action for any injury, death, or loss to person or property
that is caused by the operation of an ambulance by its employee or agent, if
this division grants the employee or agent immunity from civil liability for
the injury, death, or loss.
(E) An employee
or agent of an emergency medical service organization who receives requests for
emergency medical services that are directed to the organization, dispatches
first responders, EMTs-basic, EMTs-I, or paramedics in response to such
requests, communicates such requests to those employees or agents of the
organization who are authorized to dispatch first responders, EMTs-basic,
EMTs-I, or paramedics, or performs any combination of these functions for the
organization, is not liable in damages in a civil action for injury, death, or
loss to person or property resulting from the individual's acts or omissions in
the performance of those duties for the organization, unless an act or omission
constitutes willful or wanton misconduct.
(F) A person who
is performing the functions of a first responder, EMT-basic, EMT-I, or
paramedic under the authority of the laws of a state that borders this state
and who provides emergency medical services to or transportation of a patient
in this state is not liable in damages in a civil action for injury, death, or
loss to person or property resulting from the person's administration of
emergency medical services, unless the services are administered in a manner
that constitutes willful or wanton misconduct. A physician or registered nurse
designated by a physician, who is licensed to practice in the adjoining state
and who is advising or assisting in the emergency medical services by means of
any communication device or telemetering system is not liable in damages in a
civil action for injury, death, or loss to person or property resulting from
the person's advisory communication or assistance, unless the advisory
communication or assistance is provided in a manner that constitutes willful or
wanton misconduct.
(G) A person certified under section 4765.23
of the Revised Code to teach in an emergency medical services training program
or emergency medical services continuing education program is not liable in
damages in a civil action for injury, death, or loss to person or property
resulting from the person's acts or omissions in the performance of the
person's duties, unless an act or omission constitutes willful or wanton misconduct.
(H) In the
accreditation of emergency medical services training programs or approval of
emergency medical services continuing education programs, the state board of
emergency medical services and any person or entity authorized by the board to
evaluate applications for accreditation or approval are not liable in damages
in a civil action for injury, death, or loss to person or property resulting
from their acts or omissions in the performance of their duties, unless an act
or omission constitutes willful or wanton misconduct.
(I) A person authorized by an emergency medical service
organization to review the performance of first responders, EMTs-basic, EMTs-I,
and paramedics or to administer quality assurance programs is not liable in
damages in a civil action for injury, death, or loss to person or property
resulting from the person's acts or omissions in the performance of the
person's duties, unless an act or omission constitutes willful or wanton
misconduct.
(HISTORY: RC § 4731.90,
136 v H 832 (Eff 8-31-76); 137 v S 347 (Eff 7-13-78); 137 v H 1092 (Eff
7-21-78); 138 v H 1 (Eff 5-16-79); 138 v H 201 (Eff 2-28-80); 140 v H 446 (Eff
6-20-84); 141 v H 176 (Eff 11-20-85); RC § 3303.21, 141 v H 222 (Eff 5-15-86);
141 v H 428 (Eff 12-23-86); 143 v H 381 (Eff 7-1-89); RC § 4765.49,
144 v S 98 (Eff 11-12-92); 145 v H 384 (Eff 11-11-94); 146 v S 150 (Eff
11-24-95); 146 v H 405. Eff 10-1-96.)