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H0491

Emergency First Aid Immunity Update

Last scannedAug 24, 2026, 7:59 AM

In one sentence

This law protects people from being sued for damages if they give emergency first aid in good faith without pay.

Changes Idaho Code Section 5-330 to update rules about legal immunity for first aid providers.
Protects individuals who stop at an accident or emergency scene and offer help without payment.
Includes mental health crises and suicidal thoughts as emergencies covered by this protection.
Allows lawsuits only if the helper acted with gross negligence in their care or treatment.
Ends legal immunity once professional medical staff take over, transport the injured person to a hospital, or deliver them into custody.

People who stop at accident scenes to give emergency first aid, medical attention, or psychological help without pay.
Individuals involved in mental health or suicidal crisis situations receiving immediate assistance.
Courts that hear civil damage claims against people providing unpaid emergency care.

The law does not protect people who are paid for their emergency services.
Protection stops when an ambulance attendant takes custody of the injured person, they reach a hospital, or treatment begins in another facility.
The text defines gross negligence as grounds for lawsuits but does not list specific examples of what counts.

Plain language

Immunity: Legal protection that stops someone from being sued for damages in court.
Gross negligence: A severe lack of care or a very careless way of treating an injured person, which is the only reason immunity can be lost under this law.
Good faith: Acting with honest intentions and without trying to gain money from the situation.

Official record

Source attached

Emergency mental health first aid

Official activity