2013 Indiana Code TITLE 16. HEALTH ARTICLE 31. EMERGENCY MEDICAL SERVICES CHAPTER 6. IMMUNITY FROM LIABILITY
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IC 16-31-6
Chapter 6. Immunity From Liability
IC 16-31-6-1
Emergency medical technician services
Sec. 1. (a) A certified emergency medical technician who provides
emergency medical services to an emergency patient is not liable for
an act or omission in providing those services unless the act or
omission constitutes negligence or willful misconduct. If the
emergency medical technician is not liable for an act or omission, no
other person incurs liability by reason of an agency relationship with
the emergency medical technician.
(b) This section does not affect the liability of a driver of an
ambulance for negligent operation of the ambulance.
As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003,
SEC.33; P.L.77-2012, SEC.46.
IC 16-31-6-2
Use of defibrillators
Sec. 2. (a) Except for an act of negligence or willful misconduct,
a certified emergency medical responder who uses an automatic or
semiautomatic defibrillator on an emergency patient according to the
training procedures established by the commission under
IC 16-31-2-9 is immune from civil liability for acts or omissions
when rendering those services.
(b) If the emergency medical responder is immune from civil
liability for the emergency medical responder's act or omission, a
person who has only an agency relationship with the emergency
medical responder is also immune from civil liability for the act or
omission.
As added by P.L.2-1993, SEC.14. Amended by P.L.77-2012, SEC.47.
IC 16-31-6-3
Advanced life support; liability
Sec. 3. An act or omission of a paramedic or an advanced
emergency medical technician done or omitted in good faith while
providing advanced life support to a patient or trauma victim does
not impose liability upon the paramedic or advanced emergency
medical technician, the authorizing physician, the hospital, or the
officers, members of the staff, nurses, or other employees of the
hospital or the local governmental unit if the advanced life support
is provided:
(1) in connection with an emergency;
(2) in good faith; and
(3) under the written or oral direction of a licensed physician;
unless the act or omission was a result of negligence or willful
misconduct.
As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003,
SEC.34; P.L.77-2012, SEC.48.
IC 16-31-6-4
Life support provided in connection with disaster emergency
Sec. 4. (a) This section does not apply to an act or omission that
was a result of gross negligence or willful or intentional misconduct.
(b) An act or omission of a paramedic, an advanced emergency
medical technician, an emergency medical technician, or a person
with equivalent certification or licensure from another state that is
performed or made while providing advanced life support or basic
life support to a patient or trauma victim does not impose liability
upon the paramedic, the advanced emergency medical technician, an
emergency medical technician, the person with equivalent
certification or licensure from another state, a hospital, a provider
organization, a governmental entity, or an employee or other staff of
a hospital, provider organization, or governmental entity if the
advanced life support or basic life support is provided in good faith:
(1) in connection with a disaster emergency declared by the
governor under IC 10-14-3-12 in response to an act that the
governor in good faith believes to be an act of terrorism (as
defined in IC 35-31.5-2-329); and
(2) in accordance with the rules adopted by the Indiana
emergency medical services commission or the disaster
emergency declaration of the governor.
As added by P.L.156-2001, SEC.3. Amended by P.L.2-2003, SEC.53;
P.L.205-2003, SEC.35; P.L.97-2004, SEC.64; P.L.114-2012,
SEC.40; P.L.77-2012, SEC.49.
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