28-678. City, town or county critical health information program; decal; emergency responders; fee; definitions

A. A city, town or county, by ordinance, may establish a program to provide emergency responders with critical health information about program participants so that emergency responders may aid program participants who are involved in motor vehicle emergencies or accidents and who are unable to communicate with emergency responders.

B. A city, town or county that establishes a critical health information program:

1. In consultation with interested parties, including local law enforcement agencies, fire departments and emergency medical services personnel, shall design program materials, giving consideration to program materials used by similar programs in other states in order to maximize uniformity. Program materials must include all of the following:

(a) A yellow decal with a diameter of three and one-half inches that reads " saving lives" in its center, and an optional one-half inch border listing the issuing city, town or county, that is to be affixed to the upper left corner of the rear window of the program participant's vehicle.

(b) A health information card that provides space for a program participant to attach a recent photograph and indicate the participant's name, emergency contact information, physicians' names and contact information, medical conditions, recent surgeries, allergies, medications and any other information that the city, town or county deems relevant to emergency responders in the case of emergency.

(c) A yellow program envelope into which the health information card prescribed by subdivision (b) of this paragraph is to be inserted and placed into the program participant's glove compartment.

2. Shall provide sufficient program materials to the public and to state and local law enforcement agencies, which shall also provide the information to the public.

3. May charge program participants a nominal fee for program costs in an amount to be determined by the city, town or county.

C. A yellow decal that is affixed to a motor vehicle that is involved in a motor vehicle accident or emergency:

1. Serves as notice to an emergency responder assisting the motor vehicle that the driver or any passenger in the vehicle may be a program participant.

2. Authorizes an emergency responder at the scene of the accident or emergency to search the glove compartment of the vehicle for a yellow program envelope.

D. An emergency responder may use the information contained in the yellow program envelope for the following purposes:

1. To identify a program participant.

2. To ascertain whether the program participant has a medical condition that may impede communications with the emergency responder.

3. To communicate with the program participant's emergency contacts about the location and general condition of the program participant.

4. To consider the program participant's current medications and preexisting medical conditions when emergency medical treatment is administered for any injury the participant suffers.

E. An emergency responder is not liable for any civil damages as a result of any acts or omissions that do not amount to intentional misconduct or gross negligence in response to incomplete, incorrect or outdated information.

F. An emergency responder is not liable for damage to the program participant's vehicle when obtaining information.

G. For the purposes of this section:

1. " Emergency responder" means municipal, county or state law enforcement officers, firefighters or emergency medical services personnel.

2. " Program participant" means an individual who participates in the critical health information program.