SENATE DOCKET, NO. 701        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 829

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Viriato M. deMacedo

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to providing a safe harbor for good samaritans.

_______________

PETITION OF:

 

Name:

District/Address:

 

Viriato M. deMacedo

Plymouth and Barnstable

 

Thomas J. Calter

12th Plymouth

2/2/2017

Ryan C. Fattman

Worcester and Norfolk

2/2/2017

Donald F. Humason, Jr.

Second Hampden and Hampshire

2/2/2017


SENATE DOCKET, NO. 701        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 829

By Mr. deMacedo, a petition (accompanied by bill, Senate, No. 829) of Viriato M. deMacedo, Thomas J. Calter, Ryan C. Fattman and Donald F. Humason, Jr. for legislation to protect certain persons rendering emergency care from liability.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 789 OF 2015-2016.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act relative to providing a safe harbor for good samaritans.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 112 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 12V½ the following section:-

Section 12V3/4.  Any person, who in good faith, attempts to render emergency care at the place of the emergency, or while in transit in an ambulance or rescue vehicle to a person who is in urgent need of care as a result of the emergency, and does so without compensation for the care from or on behalf of the person cared for, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care; provided, however, that any persons rendering emergency care shall have the duty to place the injured person under the care of a physician, nurse, or other persons qualified to care for such person as soon as possible and to obey the instructions of such qualified person.