What does the law say about administering CPR?
- The law varies from state-to-state with regard to the specific scope of immunity protection granted for administrators of CPR.
- Federally, under the Cardiac Arrest Survival Act (11/2000), Congress granted immunity from civil damages for administering CPR and an AED with some restrictions (i.e. immunity does not apply in cases of gross negligence and/or willful misconduct)
- The Federal Immunity protection supersedes state law if no state laws are enacted
- All States have enacted legislation granting immunity protection
- All States have enacted Good Samaritan immunity protection for rescuers administrating CPR as well as for AED programs (with some restrictions in cases of gross negligence and/or willful misconduct or for any person who receives compensation for rendering such services)
- In California, for example, Good Samaritan immunity is granted to those trained in CPR and “who in good faith, renders emergency CPR at the scene of an emergency,” those who provide such training (“local agencies and other organizations”), and those who provide instruction.
- The law is vague as to whether “non-certified” responders are granted immunity protection when administering CPR
- California’s CPR Good Samaritan Law extends to those who have been trained in CPR, while California’s AED law extends immunity protection to all who use an AED irrespective of training (as long as the individual, firm, or organization complied with the other statutes of the law)
- Nationally, bystanders DO NOT have a duty to respond, however, common carriers and businesses have a duty to call 9-1-1 and to provide medical aid until professional services arrive.