FIRST REGULAR SESSION

SENATE BILL NO. 113

90TH GENERAL ASSEMBLY


INTRODUCED BY SENATOR WIGGINS.

Pre-filed December 1, 1998, and 1,000 copies ordered printed.



TERRY L. SPIELER, Secretary.

S0489.01I


AN ACT

To repeal section 537.037, RSMo 1994, relating to civil liability for emergency care, and to enact in lieu thereof one new section relating to the same subject.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Section 537.037, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 537.037, to read as follows:

537.037.  1.  Any physician or surgeon, registered professional nurse [or], licensed practical nurse or registered athletic trainer licensed to practice in this state under the provisions of chapter 334 or 335, RSMo, or licensed to practice under the equivalent laws of any other state and any person licensed as a mobile emergency medical technician under the provisions of chapter 190, RSMo, may:

(1)  In good faith render emergency care or assistance, without compensation, at the scene of an emergency or accident, and shall not be liable for any civil damages, for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care;

(2)  In good faith render emergency care or assistance, without compensation, to any minor involved in an accident, or in competitive sports, or other emergency at the scene of an accident, without first obtaining the consent of the parent or guardian of the minor, and shall not be liable for any civil damages other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering the emergency care.

2.  Any other person who has been trained to provide first aid in a standard recognized training program may, without compensation, render emergency care or assistance to the level for which he or she has been trained, at the scene of an emergency or accident, and shall not be liable for civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care.




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