Request By:
Ms. Martha F. Blair, R.N.
Director of Health Services
Mountain Trails Health Plan, Inc.
Highway 421 South
Harlan, Kentucky 40831
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Reid C. James, Assistant Attorney General
This is in response to your request for an opinion of this office regarding whether or not Kentucky State Police officers are protected from civil liability for administering emergency care or treatment at the scene of an emergency under Kentucky's "Good Samaritan" Act. You have specifically inquired as to their ability to initiate cardio-pulmonary resuscitation in an emergency situation, and have noted the officer's reluctance to do so because of the section of the statute alluding to reimbursement for services rendered.
The so-called "Good Samaritan" Act, KRS 411.148, provides,
(1) No physician licensed under KRS Chapter 311, registered or practical nurse licensed under KRS Chapter 314, or person certified as an emergency medical technician by the Kentucky department for human resources shall be liable in civil damages for administering emergency care or treatment at the scene of an emergency outside of a hospital, doctor's office, or other place having proper medical equipment excluding house calls, for acts performed at the scene of such emergency unless such acts constitute wilful or wanton misconduct.
(2) Nothing in this section applies to the administering of such care or treatment where the same is rendered for remuneration or with the expectation of remuneration.
Based upon this statute a State Police officer is not protected by Kentucky's "Good Samaritan" Act unless 1) he is certified as an emergency medical technician (E.M.T.) by the Kentucky Department for Human Resources, 2) provides the emergency care or treatment at the scene of an emergency outside of a hospital, doctor's office, or other place having proper medical equipment, and 3) does not exhibit willful or wanton misconduct, or 4) render said care for remuneration or with an expectation of remuneration. (Accord OAG 78-256, relating to city police officers, copy enclosed) . However the mere fact that the officers are paid by the Commonwealth for their full time services does not extinguish their protection under the Act. See OAG 76-36, copy enclosed, dealing with this provision.
In discussing KRS 411.148, it should be noted that in OAG 77-47, copy enclosed, this Office indicated that it is possible the General Assembly's attempt to limit the liability of properly certified medical technicians may be unconstitutional under Section 54 of the Kentucky Constitution. That section states that the General Assembly cannot limit the amount to be recovered for injuries resulting in death or for injuries to persons or property. However at this time we are unaware of any case interpreting this statute.
It is our opinion, constitutional reservations aside, that a State Police officer who renders emergency medical aid or treatment, while not properly certified as an E.M.T., may be liable in "ordinary tort" for negligence resulting in injury to persons or property or in death.