Saturday, June 15, 2013

"How to Save a Life"


The Huff says Governo, er Governor LePage vetoes lifesaving 'Good Samaritan' bill - would protect people who ask for drug OD help....but not necessarily people addicted to Iraqi orphan oil 'happy Fatherless Day' gas.
http://www.huffingtonpost.com/tessie-castillo/governor-lepage-of-maine_b_3446756.html

http://youtu.be/cjVQ36NhbMk  ' how to save a life ' the fray



                                          mp3  The Fray's Website

so you hypothetically meet lindsay l also hypothetically making a court ordered attempt at abstinence  hiking the atv trail near the oasis dream pond water lilies lajoies potato field picnic table out of desperation and the heat of the pale valley evening turning to shades dream of  stars before the epic you fall in love  partially disrobed she asks  for  vicodin  succumbing as the evening dew sprizles on her moonlit breast  like vernors gingerale when your neologisms made more sense

so if you have to hypothetically call for help because either of you od s on the bliss of alleged american freedom do you mean to say that you will not get in trouble because you were just helping someone?


http://bangordailynews.com/2013/06/13/opinion/letters/thursday-june-14-2013-government-hurting-preschools-get-care-close-to-home/comments/

In reply to "Guest" 's reply: Guest  nietzscheisdead  a day ago






"Maine laws are exactly the opposite of what you think.
you are required to respond to someone in distress up to the level of training you have.
if you do not exceed what you are trained on, then you are legally protected from being sued if it doesn't go well.
if you exceed your training you are legally liable for any damage you do. ie your trained in CPR only, and do surgery, or administer controlled drugs you are liable for any damage you do. But if you only do CPR, and break the patients ribs, you are protected."






"In the United States, there is no 'general duty to render aid,' which in legalese means no one is compelled to help and a victim cannot file a civil suit if someone doesn't stop to help. 
There are exceptions, however, in Hawaii, Wisconsin, Minnesota, Vermont and Rhode Island.
In those states, if you are able to help a victim without injuring yourself but you fail to offer aid, you could face criminal liability and be charged with a minor penalty like a petty misdemeanor or a $100 fine.
In some states, if you stop to check on an injured person but you don't follow through by making sure they get the medical help they need, you could be sued."    
Copyright 2012 America Now. All rights reserved.

"...unless it is established that such injuries or such death were caused willfully, wantonly or recklessly or by gross negligence on the part of such person." - Maine Revised Statutes - Part 1 - Chapter 7 - Section 164

  "2. Prohibition. A person may not use an AED on another person unless the person using the AED:
          A. Has successfully completed a course, approved by the American Red Cross, the American Heart Association or the department, in the use and operation of the AED; and
          B. Has made a reasonable attempt to summon appropriate emergency services personnel when communication is possible. "
            

-  Sec. 1. 22 MRSA c. 421



http://www.mainelegislature.org/legis/statutes/14/title14sec164.html

http://legal-dictionary.thefreedictionary.com/wanton

http://legal-dictionary.thefreedictionary.com/recklessly

http://legal-dictionary.thefreedictionary.com/gross+negligence

http://legal-dictionary.thefreedictionary.com/Negligence

http://www.mainelegislature.org/ros/LOM/lom120th/8pub351-400/Pub351-400-51.htm

http://oxywatchdog.com/2013/06/vt-becomes-13th-state-to-pass-good-samaritan-law/

http://www.huffingtonpost.com/tessie-castillo/governor-lepage-of-maine_b_3446756.html

Maine Revised Statutes


§163§164-A
Title 14: COURT PROCEDURE -- CIVIL
Part 1: GENERAL PROVISIONS
Chapter 7: DEFENSES GENERALLY

§164. Immunity from civil liability

Notwithstanding any inconsistent provisions of any public or private and special law, any person who voluntarily, without the expectation of monetary or other compensation from the person aided or treated, renders first aid, emergency treatment or rescue assistance to a person who is unconscious, ill, injured or in need of rescue assistance, shall not be liable for damages for injuries alleged to have been sustained by such person nor for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such first aid, emergency treatment or rescue assistance, unless it is established that such injuries or such death were caused willfully, wantonly or recklessly or by gross negligence on the part of such person. This section shall apply to members or employees of nonprofit volunteer or governmental ambulance, rescue or emergency units, whether or not a user or service fee may be charged by the nonprofit unit or the governmental entity and whether or not the members or employees receive salaries or other compensation from the nonprofit unit or the governmental entity. This section shall not be construed to require a person who is ill or injured to be administered first aid or emergency treatment if such person objects thereto on religious grounds. This section shall not apply if such first aid or emergency treatment or assistance is rendered on the premises of a hospital or clinic.[1977, c. 69, (AMD).]
SECTION HISTORY
1969, c. 565, (NEW). 1975, c. 452, §1 (RPR). 1975, c. 679, §1 (AMD). 1977, c. 69, (AMD).

Data for this page extracted on 10/16/2012 08:27:10.

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007






PUBLIC LAWS OF MAINE
First Regular Session of the 120th

    CHAPTER 364
    H.P. 1069 - L.D. 1432
    An Act to Encourage Greater Acquisition, Deployment and Use of Automated External Defibrillators
    Be it enacted by the People of the State of Maine as follows:
         Sec. 1. 22 MRSA c. 421 is enacted to read:
    CHAPTER 421
    AUTOMATED EXTERNAL DEFIBRILLATORS
    §2150-C. Automated external defibrillators
         1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
      A. "Automated external defibrillator" or "AED" means a medical device approved by the United States Food and Drug Administration that:
        (1) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;
        (2) Is capable of determining whether defibrillation should be performed on an individual;
        (3) Upon determination that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual's heart; and
        (4) Upon action by an operator, delivers an appropriate electrical impulse to the individual's heart to perform defibrillation.
      B. "Department" means the Department of Public Safety.
         2. Prohibition. A person may not use an AED on another person unless the person using the AED:
      A. Has successfully completed a course, approved by the American Red Cross, the American Heart Association or the department, in the use and operation of the AED; and
      B. Has made a reasonable attempt to summon appropriate emergency services personnel when communication is possible.
    This subsection does not apply to a person licensed under Title 32, chapter 2-B or to a health care practitioner, as defined in Title 24, section 2502, subsection 1-A, if the practitioner has received training in the use of an AED.
    The department may provide periodic training bulletins and other information to persons owning and using an AED.
         3. Duties. A person who owns or leases an AED shall:
      A. Consult with a licensed physician for technical assistance in the selection and storage location of an AED, training of potential operators, protocols for use and use review;
      B. Notify the Maine Emergency Medical Services within the department of:
        (1) The existence, location and type of AED the person possesses; and
        (2) The clinical use made of the AED; and
      C. Maintain and test the AED in accordance with the applicable standards of the manufacturer and any other standards prescribed by the department.
         4. Penalties. A person who violates any provision of this section commits a civil violation for which a civil forfeiture not exceeding $50 may be adjudged.
         5. Effect on other law. This section is not intended to modify or limit and may not be interpreted as modifying or limiting the immunities provided under Title 14, section 164.
Effective September 21, 2001, unless otherwise indicated.
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