Pennsylvania Act 2000-93 — JUDICIAL CODE (42 PA.C.S.) - AMEND SCHOOL OFFICERS IMMUNITY

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND SCHOOL OFFICERS IMMUNITY
                  Act of Nov. 22, 2000, P.L. 690, No. 93              Cl. 42
                             Session of 2000
                               No. 2000-93

     HB 1416

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, providing for civil
        immunity of school officers or employees relating to
        emergency care, first aid and rescue.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 42 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 8337.1.  Civil immunity of school officers or employees
                relating to emergency care, first aid and rescue.
        (a)  General rule.--An officer or employee of a school who in
     good faith believes that a student needs emergency care, first
     aid or rescue and who provides such emergency care, first aid or
     rescue to the student or who removes the student receiving such
     emergency care, first aid or rescue to a hospital or other place
     of medical care shall be immune from civil liability as a result
     of any acts or omissions by the officer or employee, except any
     acts or omissions intentionally designed to seriously harm or
     any grossly negligent acts or omissions which result in serious
     bodily harm to the student receiving emergency care.
        (b)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Good faith."  Includes, but is not limited to, a reasonable
     nonmedical opinion that the immediacy of the situation is such
     that the rendering of care should not be postponed.
        "Officer or employee of a school."  A school director,
     principal, superintendent, teacher, guidance counselor, support
     staff member or other educational or medical employee employed
     in a day or residential school which provides preschool,
     kindergarten, elementary or secondary education in this
     Commonwealth at either a public or nonpublic school.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 22nd day of November, A. D. 2000.

     THOMAS J. RIDGE