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An Tir Chirurgeons' Guild

State of Louisiana
Good Samaritan Laws

La. Rev. Stat. Ann. §9.2793 (Gratuitous Service Immunity)
La. Rev. Stat. Ann. §40.1236.13 (AED Training Req.)
La. Rev. Stat. Ann. §40.1236.14 (AED Immunity)

Title 9 §2793.  Gratuitous service at scene of emergency; limitation on liability

  1. No person who in good faith gratuitously renders emergency care, first aid or rescue at the scene of an emergency, or moves a person receiving such care, first aid or rescue to a hospital or other place of medical care shall be liable for any civil damages as a result of any act or omission in rendering the care or services or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the person involved in the said emergency; provided, however, such care or services or transportation shall not be considered gratuitous, and this Section shall not apply when rendered incidental to a business relationship, including but not limited to that of employer-employee, existing between the person rendering such care or service or transportation and the person receiving the same, or when incidental to a business relationship existing between the employer or principal of the person rendering such care, service or transportation and the employer or principal of the person receiving such care, service or transportation. This Section shall not exempt from liability those individuals who intentionally or by grossly negligent acts or omissions cause damages to another individual.

  2. The immunity herein granted shall be personal to the individual rendering such care or service or furnishing such transportation and shall not inure to the benefit of any employer or other person legally responsible for the acts or omissions of such individual, nor shall it inure to the benefit of any insurer.  
Added by Acts 1975, No. 600, §1.

Title 40 §1236.13.  Persons in possession of AED's; training, testing, and notification requirements; manufacturer responsibility; possession required

  1. In order to ensure public health and safety, any person or entity that possesses an AED shall ensure that:
    1. The AED is maintained and tested according to the manufacturer's guidelines.

    2. A licensed physician or advanced practice registered nurse who is authorized to prescribe is involved in the possessor's program to ensure compliance with the requirements for training, emergency medical service (EMS) notification, and maintenance.

    3.  
      1. Expected AED users regularly, on the premises of a particular entity, such as a work site or users who carry an AED in a private security patrol vehicle, receive appropriatetraining in cardiopulmonary resuscitation (CPR) and in the use of an AED from any nationally recognized course in CPR and AED use.

      2. For purposes of this Paragraph, "expected AED users" shall be any person designated by the possessor to render emergency care.

    4. The emergency medical services system is activated as soon as possible when an individual renders emergency care to an individual in cardiac arrest by using an AED.

    5. Any clinical use of the AED is reported to the licensed physician or advanced practice registered nurse involved in the possessor's program.

  2. Any person or entity that possesses an AED shall notify the bureau of emergency medical services in the office of public health of the Department of Health and Hospitals and a local provider of emergency medical services, such as 911 service, local ambulance service, or the fire department of the acquisition, location, and type of AED.

  3. Any manufacturer, wholesale supplier, or retailer of an AED shall notify purchasers of AED's intended for use in the state of the requirements of this Section.

  4.  
    1. The owner of or the entity responsible for a physical fitness facility shall keep an AED on its premises.

    2. As used in this Subsection:

      1. "Physical fitness facility" means a facility for profit or nonprofit with a membership of over fifty persons that offers physical fitness services.  This term includes but is not limited to clubs, studios, health spas, weight control centers, clinics, figure salons, tanning centers, athletic or sport clubs, and YWCA and YMCA organizations.

      2. "Physical fitness services" means services for the development of physical fitness through exercise or weight control. It shall not include a business limited solely to the practice of physical therapy, as defined in R.S. 37:2401, by a therapist licensed by the Louisiana State Board of Medical Examiners, nor shall it apply to medically related services performed by a physician licensed by the Louisiana State Board of Medical Examiners in a private office, clinic, or hospital.

  5. Any institution of higher education that competes in intercollegiate athletics shall have an AED on its premises in its athletic department.

  6. The office of public health within the Department of Health and Hospitals, through its center for community health, emergency medical services shall promulgate all necessary rules and regulations to implement the provisions of Subsections D and E of this Section. Such rules and regulations shall, at a minimum, provide for compliance, enforcement, and penalties.

Acts 1999, No. 825, §1; Acts 2004, No. 443, §1; Acts 2004, No. 885, §1, eff. Jan. 1, 2005.

§1236.14.  Limitation of liability

In addition to the civil immunity provided to persons rendering emergency assistance as provided by law, including R.S. 9:2793, R.S. 37:1731, 1732, and 1735, and R.S. 40:1231.2, any prescribing advanced practice registered nurse or physician who authorizes the purchase of the AED, any physician or advanced practice registered nurse involved in the possessor's program, any individual or entity which provides training in cardiopulmonary resuscitation and in the use of an AED, any purchaser of an AED, any person or entity responsible for the site or the private where an AED is located, and any expected user regularly on the premises or security patrol vehicle in the vehicle shall not be liable for any civil damages arising from any act or omission of acts related to the operation of or failure to operate an AED that do not amount to willful or wanton misconduct or gross negligence.

Acts 1999, No. 825, §1; Acts 2004, No. 443, §1.

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