The Maryland statute also relates to
(c) An individual who is not covered otherwise by this section is not civilly liable for any act or omission in providing assistance or medical aid to a victim at the scene of an emergency, if:
(1) The assistance or aid is provided in a reasonably prudent manner;w
(2) The assistance or aid is provided without fee or other compensation; and
(3) The individual relinquishes care of the victim when someone who is licensed or certified by this State to provide medical care or services becomes available to take responsibility.
No specific class is required.
Perhaps for this discussion the New Mexico statute is what we need to look at
New Mexico Good Samaritan Law
24-10-3
[Persons rendering emergency care; release from liability.]
No person who shall administer emergency care in good faith at or near the scene of an emergency, as defined herein, shall be held liable for any civil damages as a result of any action or omission by such person in administering said care, except for gross negligence; provided that nothing herein shall apply to the administering of such care where the same is rendered for remuneration or with the expectation of remuneration or is rendered by any person or agent of a principal who was at the scene of the accident or emergency because he or his principal was soliciting business or performing or seeking to perform some services for remuneration.
24-10B-9.1 Emergency transportation.
Any person may be transported to an appropriate health care facility by an emergency medical technician, under medical control, when the emergency medical technician makes a good faith judgment that the person is incapable of making an informed decision about his own safety or need for medical attention and is reasonably likely to suffer disability or death without the medical intervention available at such a facility.
CHAPTER 16 Tort Law -- Negligence
INSTRUCTION 13-1617. Sudden emergency.
A person who, without negligence on [his] [her] part, is suddenly and unexpectedly confronted with peril, arising from either the actual presence or the appearance of an imminent danger to [himself] [herself] or another, is not expected nor required to use the same judgment and prudence that is required of [him] [her] in the exercise of ordinary care in calmer and more deliberate moments.
[His] [Her] duty is to exercise only the care that a reasonably prudent person would exercise in the same situation.
If, at that moment, [he] [she] does what appears to [him] [her] to be the best thing to do and if [his] [her] choice and manner of action are the same as might have been followed by any reasonably prudent person under the same conditions, then [he] [she] has done all that the law requires of [him] [her], even though, in the light of after events, it might appear that a different course would have been better and safer.
DIRECTIONS FOR USE
This instruction may apply to any person whose negligence is in issue. The fact that there may be evidence that a person negligently created the sudden emergency does not preclude giving this instruction.
-------------- Original message --------------
From: Jim Moss <bsa.rec.law@gmail.com>
No.
I’m saying the new Philmont first aid requirement will not allow the Good Sam law to protect someone in states. Even a WMS course would not qualify. Example:
CN law lists who can be covered:
A paid or volunteer firefighter or police officer, a teacher or other school personnel on the school grounds or in the school building or at a school function, a member of a ski patrol, a lifeguard, a conservation officer, patrol officer or special police officer of the Department of Environmental Protection, or emergency medical service personnel, who has completed a course in first aid offered by the American Red Cross, the American Heart Association, the National Ski Patrol, the Department of Public Health or any director of health, as certified by the agency or director of health offering the course, and who renders emergency first aid to a person in need thereof, shall not be
Illinois does the same:
Any person who is currently certified in first aid by the American Red Cross, the American Heart Association, or the National Safety Council and who
KS
American Red Cross, by the American heart association, by the mining enforcement and safety administration of the bureau of mines of the department of interior, by the national safety council or by any instructor-coordinator, as defined in K.S.A. 65-6112
MD is only ARC it looks like.
Disclaimer: I have not reviewed the legal decisions about these acts which may expand the coverage provided. I’m just quoting from the statute. And I’m not licensed in any of the states I quoted above so I could be wrong.
So in some states none of the courses would qualify unless the person was a physician, EMT, nurse, etc. I’ve been working on this for a year now and still haven’t got to the bottom. It is a takeoff on my research on epinephrine.
Jim
Recreation.Law@gmail.com
James H. Moss, Attorney specializing in Recreation Law
Recreation Law Blog: http://rec-law.blogspot.com/
Editor, Outdoor Recreation & Fitness Law Review:
The Outdoor Recreation & Fitness Law Reviews are publications for members of the Outdoor Recreation, Adventure Travel, Hospitality and Fitness Industry
lawreview@snewsnet.com      http://www.snewsnet.com/cgi-bin/snews/law_review/index.html
Instructor: Ski Area Operations, Risk Management Course Colorado Mountain College
jmoss@coloradomtn.edu            http://www.coloradomtn.edu/programs/sao/home.html
PO Box 16743
Golden, CO 80402
303-807-2275
Personal Email: jhmoss@gmail.com
P Please consider the environment before printing this email
-----Original Message-----
From: philmont@troop47.com [mailto:philmont@troop47.com] On Behalf Of Rob Lemley
Sent: Thursday, March 06, 2008 8:29 PM
To: philmont List Member
Subject: [philmont] Wilderness First Aid
Jim,
Are you saying that the new Philmont required first aid training is related to Good Samaritan laws?
Also, would this course qualify?:
Wilderness First Aid Basics
Wilderness First Aid: Basic LevelÂ
The Emergency Care and Safety InstituteÂ
 Sponsored by the American Academy of Orthopedic Surgeons And the Wilderness Medical Society
 16 hour course taught by an MD who is a Wilderness First Responder and member of the Wilderness Medical SocietyÂ
Thanks,
Rob Lemley
----- Original Message ----
From: Jim Moss <bsa.rec.law@gmail.com>
To: philmont List Member <philmont@troop47.com>
Sent: Thursday, March 6, 2008 7:04:57 PM
Subject: [philmont] Wilderness First Aid
This is a conundrum for me. I’ve researching Good
Samaritan laws. Several of the state laws say the first aid to be protected by
the Good Sam act requires training by a national organization (the Am Red
Cross, BSA or National Ski Patrol.)
 Â
 Most wilderness first aid courses are not taught by these organizations.
 Â
 Â
 Jim
 Recreation.Law@gmail.com
 Â
 James H. Moss, Attorney specializing in Recreation Law
 Â
 Recreation Law Blog: http://rec-law.blogspot.com/
 Â
 Editor, Outdoor Recreation & Fitness Law Review:
The Outdoor Recreation & Fitness Law Reviews are publications for membersof the Outdoor Recreation, Adventure Travel, Hospitality and Fitness Industry
lawreview@snewsnet.com     http://www.snewsnet.com/cgi-bin/snews/law_review/index.html
 Â
 Instructor: Ski Area Operations, Risk Management Course ColoradoMountain College
jmoss@coloradomtn.edu           http://www.coloradomtn.edu/programs/sao/home.html
 Â
 PO Box 16743
Golden, CO 80402
303-807-2275
Personal Email: jhmoss@gmail.com
 P Please consider the environment before printing this email
 Â
 Â
 Â
 Â
 From:philmont@troop47.com [mailto:philmont@troop47.com] On Behalf Of kirkmaes
Sent: Thursday, March 06, 2008 5:59 PM
To: philmont List Member
Subject: [philmont] Wilderness First Aid
Â
Â
 Don't forget that there is a new requirement this year forWilderness First Aid. At least one (if not more) crew members needs to take thecourse and be wilderness first aid certified. This is a 16 hour course that youcan usually get through your local American Red Cross Chapter. As far asI know only Physicians are exempt. Nurses, EMTs, Paramedics and Fireman arestill on the hook despite their experience.Â
Kirk Maes, MDÂ
(taking the course in April despite my potential exempt status)
Â
-------------------------------------------------------
Scouting E-mail Discussion Lists @ usscouts.org
Listserv Commands at http://usscouts.org/lists/lc.asp
-------------------------------------------------------
Send listserv commands to: listserv@troop47.com
Send postings to:Â Â Â Â Â Â Â Â Â philmont@troop47.com
List FAQ found at:Â Â Â Â Â Â Â Â http://usscouts.org/lists/faq.asp
List Administrator:Â Â Â Â Â Â Â philmont_owner@troop47.com
-------------------------------------------------------
To Unsubscribe send text email to:
    To: listserv@troop47.com
    Subject: unsubscribe
    Body: unsubscribe philmont@troop47.com
-------------------------------------------------------
As you gather around this virtual campfire with fellow
Scouts and Scouters, do your best to be trustworthy,
loyal, helpful, friendly, courteous, kind, obedient,
cheerful, thrifty, brave, clean and reverent.
-------------------------------------------------------
-------------------------------------------------------
Scouting E-mail Discussion Lists @ usscouts.org
Listserv Commands at http://usscouts.org/lists/lc.asp
-------------------------------------------------------
Send listserv commands to: listserv@troop47.com
Send postings to:Â Â Â Â Â Â Â Â Â philmont@troop47.com
List FAQ found at:Â Â Â Â Â Â Â Â http://usscouts.org/lists/faq.asp
List Administrator:Â Â Â Â Â Â Â philmont_owner@troop47.com
-------------------------------------------------------
To Unsubscribe send text email to:
    To: listserv@troop47.com
    Subject: unsubscribe
    Body: unsubscribe philmont@troop47.com
-------------------------------------------------------
As you gather around this virtual campfire with fellow
Scouts and Scouters, do your best to be trustworthy,
loyal, helpful, friendly, courteous, kind, obedient,
cheerful, thrifty, brave, clean and reverent.
-------------------------------------------------------
Â
-------------------------------------------------------
Scouting E-mail Discussion Lists @ usscouts.org
Listserv Commands at http://usscouts.org/lists/lc.asp
-------------------------------------------------------
Send listserv commands to: listserv@troop47.com
Send postings to: philmont@troop47.com
List FAQ found at: http://usscouts.org/lists/faq.asp
List Administrator: philmont_owner@troop47.com
-------------------------------------------------------
To Unsubscribe send text email to:
To: listserv@troop47.com
Subject: unsubscribe
Body: unsubscribe philmont@troop47.com
-------------------------------------------------------
As you gather around this virtual campfire with fellow
Scouts and Scouters, do your best to be trustworthy,
loyal, helpful, friendly, courteous, kind, obedient,
cheerful, thrifty, brave, clean and reverent.
-------------------------------------------------------
-------------------------------------------------------
Scouting E-mail Discussion Lists @ usscouts.org
Listserv Commands at http://usscouts.org/lists/lc.asp
-------------------------------------------------------
Send listserv commands to: listserv@troop47.com
Send postings to: philmont@troop47.com
List FAQ found at: http://usscouts.org/lists/faq.asp
List Administrator: philmont_owner@troop47.com
-------------------------------------------------------
To Unsubscribe send text email to:
To: listserv@troop47.com
Subject: unsubscribe
Body: unsubscribe philmont@troop47.com
-------------------------------------------------------
As you gather around this virtual campfire with fellow
Scouts and Scouters, do your best to be trustworthy,
loyal, helpful, friendly, courteous, kind, obedient,
cheerful, thrifty, brave, clean and reverent.
-------------------------------------------------------
Received on Fri Mar 7 06:41:42 2008
This archive was generated by hypermail 2.1.8 : Wed Jul 09 2008 - 01:55:30 CDT