N.Y. Mental Hygiene Law § 9.59: Immunity from liability

* § 9.59 Immunity from liability.

(a) Notwithstanding any inconsistent provision of any general, special

or local law, an ambulance service as defined by subdivision two of

section three thousand one of the public health law and any member

thereof who is an emergency medical technician or an advanced emergency

medical technician transporting a person to a hospital as authorized by

this article, any peace officers, when acting pursuant to their special

duties, any police officers, who are members of an authorized police

department or force or of a sheriff's department, and any members of

mobile crisis outreach teams approved by the commissioner pursuant to

section 9.58 of this article, who are taking into custody and

transporting a person to a hospital as authorized by this article, or to

a hospital or other facility as authorized by section 22.09 of this

chapter, and any employee of a licensed comprehensive psychiatric

emergency program, specially trained in accordance with standards

developed by the commissioner, who transports a person to a hospital,

shall not be liable for damages for injuries alleged to have been

sustained by such person or for the death of such person alleged to have

occurred by reason of an act or omission unless it is established that

such injuries or such death was caused by gross negligence on the part

of such emergency medical technician, advanced emergency medical

technician, peace officer, police officer, mobile crisis outreach team

member, or specially trained employee of a licensed comprehensive

psychiatric emergency program.

(b) Nothing in this section shall be deemed to relieve or alter the

liability of any such ambulance service or members thereof, peace

officers, police officers or specially trained employees of a licensed

comprehensive psychiatric emergency program for damages or injuries or

death arising out of the operation of motor vehicles.

* NB Effective until July 1, 2027

* § 9.59 Immunity from liability.

(a) Notwithstanding any inconsistent provision of any general, special

or local law, an ambulance service as defined by subdivision two of

section three thousand one of the public health law and any member

thereof who is an emergency medical technician or an advanced emergency

medical technician transporting a person to a hospital as authorized by

this article, any peace officers, when acting pursuant to their special

duties, and any police officers, who are members of an authorized police

department or force or of a sheriff's department, who are taking into

custody and transporting a person to a hospital as authorized by this

article, shall not be liable for damages for injuries alleged to have

been sustained by such person or for the death of such person alleged to

have occurred by reason of an act or omission unless it is established

that such injuries or such death was caused by gross negligence on the

part of such emergency medical technician, advanced emergency medical

technician, peace officer or police officer.

(b) Nothing in this section shall be deemed to relieve or alter the

liability of any such ambulance service or members thereof, peace

officers, or police officers for damages or injuries or death arising

out of the operation of motor vehicles.

* NB Effective July 1, 2027