Way to go Sen. Alting! This bill corrects what I assume to be a drafting error. The existing statute provides that an emergency technician providing emergency care is immune from civil liability unless their act constitutes “negligence or willful misconduct.” If the intent was to offer some protection to emergency responders, allowing them to attempt to provide care without excess concern over civil liability, the existing version doesn’t do a thing. If the medical provider isn’t at least negligent, there wouldn’t be any liability to begin with. The new bill amends the law to provide immunity unless there is “gross negligence or willful misconduct.”
I had a client ask me about this statute earlier in the year, and I advised them that it was essentially worthless.