Current through the 2024 Fourth Special Session
Section 53-2d-802 - 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 individual who reasonably appears to be in sudden cardiac arrest: (a) a person authorized, under Section 53-2d-801, 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 53-2d-801, 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 Section 53-2d-803; 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 from §26-8b-202 and amended by Chapter 310, 2023 General Session ,§ 87, eff. 7/1/2024.Renumbered as §26B-4-303 by Chapter 307, 2023 General Session ,§ 103, eff. 5/3/2023.Enacted by Chapter 22, 2009 General Session.