Q:  Is an ambulatory surgery center in Colorado required to respond to a non-patient (ex. family member in waiting room) cardiac event or other to their fullest capacity (including BCLS/ACLS), or is it sufficient to call 911? And are staff members covered by a Good Samaritan law for initiating a partial and/or full response? 

A:  There are no EMTALA-type obligations in this situation because the EMTALA screening/stabilizing requirement only applies to Medicare participating hospitals that have an emergency department. The relevant Colorado Department of Public Health and Environment (CDPHE) regulation only requires that an ambulatory surgical center have policies and procedures which provide for adequate care of its patients in the event of an emergency. There is no general legal duty for health care providers to provide care to those with a medical emergency. The Good Samaritan laws are written to encourage health care professionals to render aid by providing qualified immunity from liability. Colorado's Good Samaritan law applies when physicians and others render emergency care or assistance without compensation to a person who is not presently their patient at the place of an emergency or accident, including at a health care institution. A person is not liable for civil damages unless the acts or omissions were grossly negligent or wilfull and wanton.