Bill > A03926

This bill, known as the "medical civil rights act," establishes a right for individuals in the custody or control of law enforcement officers, peace officers, police officers, correctional officers, or other law enforcement entities to receive emergency medical services if they are experiencing an "emergency medical condition" or are "medically unstable." An "emergency medical condition" is defined as a serious medical issue, including those related to mental health or substance use, where a lack of prompt attention could reasonably lead to serious harm. Being "medically unstable" means having a condition that could reasonably lead to an emergency medical condition. The bill mandates that these law enforcement personnel have a duty to provide attention to such medical needs and immediately request emergency medical services, unless they have made a reasonable determination that the person is not experiencing an emergency and has been recently cleared by a medical professional. If someone suffers serious injury or worsening of a condition due to a lack of emergency medical care, they can sue the responsible officer or entity and may be awarded damages, costs, and attorneys' fees. The bill also clarifies that law enforcement must allow medical personnel to begin treatment immediately when they are involved simultaneously.